[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6381 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 6381
To provide for certain homeland security improvements, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2016
Mr. McCaul introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
Foreign Affairs, the Judiciary, Transportation and Infrastructure,
Energy and Commerce, Agriculture, Oversight and Government Reform, Ways
and Means, Science, Space, and Technology, and Financial Services, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for certain homeland security improvements, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``DHS Reform and
Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HOMELAND SECURITY DRONE ASSESSMENT AND ANALYSIS
Sec. 101. Drone assessment and analysis.
TITLE II--BORDER AND MARITIME COORDINATION IMPROVEMENT
Sec. 201. U.S. Customs and Border Protection coordination.
Sec. 202. Border and maritime security efficiencies.
Sec. 203. Public-private partnerships.
Sec. 204. Establishment of the Office of Biometric Identity Management.
Sec. 205. Cost-benefit analysis of co-locating operational entities.
Sec. 206. Strategic personnel plan for U.S. Customs and Border
Protection personnel deployed abroad.
Sec. 207. Threat assessment for United States-bound international mail.
Sec. 208. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 209. Customs-Trade Partnership Against Terrorism improvement.
Sec. 210. Strategic plan to enhance the security of the international
supply chain.
Sec. 211. Container Security Initiative.
Sec. 212. Transportation Worker Identification Credential waiver and
appeals process.
Sec. 213. Repeals.
TITLE III--SECURING OUR AGRICULTURE AND FOOD
Sec. 301. Coordination of food, agriculture, and veterinary defense
against terrorism.
TITLE IV--STRONG VISA INTEGRITY SECURES AMERICA
Sec. 401. Visa security.
Sec. 402. Electronic passport screening and biometric matching.
Sec. 403. Reporting of visa overstays.
Sec. 404. Student and exchange visitor information system verification.
TITLE V--PROMOTING RESILIENCE AND EFFICIENCY IN PREPARING FOR ATTACKS
AND RESPONDING TO EMERGENCIES
Subtitle A--Grants, Training, Exercises, and Coordination
Sec. 501. Memoranda of understanding.
Sec. 502. Period of performance.
Sec. 503. Operation Stonegarden.
Sec. 504. Grants metrics.
Sec. 505. Grant management best practices.
Sec. 506. Administration and coordination of grants.
Sec. 507. Funding prohibition.
Sec. 508. Law enforcement terrorism prevention.
Sec. 509. Allowable uses.
Sec. 510. Maintenance of grant investments.
Sec. 511. National Domestic Preparedness Consortium.
Sec. 512. Rural Domestic Preparedness Consortium.
Sec. 513. Emergency support functions.
Sec. 514. Review of National Incident Management System.
Sec. 515. Approval of certain equipment.
Sec. 516. Remedial action management program.
Subtitle B--Communications
Sec. 521. Office of Emergency Communications.
Sec. 522. Responsibilities of Office of Emergency Communications
Director.
Sec. 523. Annual reporting on activities of the Office of Emergency
Communications.
Sec. 524. National Emergency Communications Plan.
Sec. 525. Technical edits.
Sec. 526. Public Safety Broadband Network.
Sec. 527. Statewide interoperability coordinators.
Sec. 528. Communications training.
Subtitle C--Medical Preparedness
Sec. 531. Pre-event anthrax vaccination program for emergency response
providers.
Sec. 532. Chief Medical Officer.
Sec. 533. Medical Countermeasures Program.
Subtitle D--Management
Sec. 541. Mission support.
Sec. 542. Systems modernization.
Sec. 543. Strategic human capital plan.
Sec. 544. Activities related to children.
Subtitle E--Flood Insurance Claims Process Reforms
Sec. 551. Claims adjustment and engineering reports.
Sec. 552. Judicial review.
TITLE VI--CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY
Sec. 601. Cybersecurity and Infrastructure Protection Agency.
Sec. 602. Establishment of the Office of Biometric Identity Management.
Sec. 603. Rule of construction.
Sec. 604. Prohibition on additional funding.
TITLE VII--STRENGTHENING CYBERSECURITY INFORMATION SHARING AND
COORDINATION IN OUR PORT
Sec. 701. Improving cybersecurity risk assessments, information
sharing, and coordination.
Sec. 702. Cybersecurity enhancements to maritime security activities.
Sec. 703. Vulnerability assessments and security plans.
TITLE VIII--STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING
Sec. 801. Authorization of the National Computer Forensics Institute of
the Department of Homeland Security.
TITLE IX--DEPARTMENT OF HOMELAND SECURITY CBRNE DEFENSE
Sec. 901. CBRNE Office.
Sec. 902. Chemical Division.
Sec. 903. Biological Division.
Sec. 904. Nuclear Division.
Sec. 905. Explosives Division.
Sec. 906. Savings provisions.
Sec. 907. Clerical amendments.
TITLE X--GAINS IN GLOBAL NUCLEAR DETECTION ARCHITECTURE
Sec. 1001. Duties of the Domestic Nuclear Detection Office.
TITLE XI--UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
AUTHORIZATION
Sec. 1101. Establishment of United States Immigration and Customs
Enforcement.
TITLE XII--FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND
IMPROVEMENT
Sec. 1201. Federal Law Enforcement Training Centers.
TITLE XIII--PREVENT TRAFFICKING IN CULTURAL PROPERTY
Sec. 1301. Definition.
Sec. 1302. Statement of policy.
Sec. 1303. Activities of the Department of Homeland Security.
Sec. 1304. Role of the Smithsonian Institution.
Sec. 1305. Report.
TITLE XIV--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS REFORM AND
IMPROVEMENT
Sec. 1401. Prohibition on additional authorization of appropriations.
Subtitle A--Department of Homeland Security Headquarters
Reauthorization
Sec. 1411. Definitions.
Sec. 1412. Headquarters components.
Sec. 1413. Chief Privacy Officer.
Sec. 1414. Office of Policy.
Sec. 1415. Quadrennial homeland security review.
Sec. 1416. Future years homeland security program.
Sec. 1417. Management and execution.
Sec. 1418. Chief Financial Officer.
Sec. 1419. Chief Procurement Officer.
Sec. 1420. Chief Information Officer.
Sec. 1421. Chief Human Capital Officer.
Sec. 1422. Chief Security Officer.
Sec. 1423. Cost savings and efficiency reviews.
Sec. 1424. Field efficiencies plan.
Sec. 1425. Resources to respond to operational surges.
Sec. 1426. Department of Homeland Security rotation program.
Subtitle B--Department of Homeland Security Acquisition Accountability
and Efficiency
Sec. 1431. Definitions.
Part 1--Acquisition Authorities
Sec. 1441. Acquisition authorities for Under Secretary for Management.
Sec. 1442. Acquisition authorities for Chief Financial Officer.
Sec. 1443. Acquisition authorities for Chief Information Officer.
Sec. 1444. Requirements to ensure greater accountability for
acquisition programs.
Part 2--Acquisition Program Management Discipline
Sec. 1451. Acquisition Review Board.
Sec. 1452. Requirements to reduce duplication in acquisition programs.
Sec. 1453. Government Accountability Office review of Board and of
requirements to reduce duplication in
acquisition programs.
Sec. 1454. Excluded Party List System waivers.
Sec. 1455. Inspector General oversight of suspension and debarment.
Part 3--Acquisition Program Management Accountability and Transparency
Sec. 1461. Congressional notification and other requirements for major
acquisition program breach.
Sec. 1462. Multiyear acquisition strategy.
Sec. 1463. Acquisition reports.
Sec. 1464. Government Accountability Office review of multiyear
acquisition strategy.
Sec. 1465. Office of Inspector General report.
TITLE XV--QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTION
Sec. 1501. Technical corrections to quadrennial homeland security
review.
TITLE XVI--TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE
Sec. 1601. Exercise on terrorist and foreign fighter travel.
Sec. 1602. Emerging threats in the national exercise program.
TITLE XVII--AIRPORT PERIMETER AND ACCESS CONTROL SECURITY
Sec. 1701. Risk assessments of airport security.
Sec. 1702. Airport security strategy development.
TITLE XVIII--COMMUNITY COUNTERTERRORISM PREPAREDNESS
Sec. 1801. Major metropolitan area counterterrorism training and
exercise grant program.
TITLE XIX--CYBER PREPAREDNESS
Sec. 1901. Information sharing.
Sec. 1902. Homeland security grants.
Sec. 1903. Sense of Congress.
TITLE XX--TRANSIT SECURITY GRANT PROGRAM FLEXIBILITY
Sec. 2001. Allowable uses of funds for public transportation security
assistance grants.
Sec. 2002. Periods of performance for public transportation security
assistance grants.
Sec. 2003. GAO review.
TITLE XXI--SUPPORT FOR RAPID INNOVATION
Sec. 2101. Cybersecurity research and development projects.
TITLE XXII--LEVERAGING EMERGING TECHNOLOGIES
Sec. 2201. Innovation engagement.
TITLE XXIII--FIRST RESPONDER ACCESS TO INNOVATIVE TECHNOLOGIES
Sec. 2301. Approval of certain equipment.
TITLE XXIV--DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR INTERNATIONAL
PROGRAMS
Sec. 2401. Comprehensive strategy for international programs for
vetting and screening persons seeking to
enter the United States.
TITLE XXV--DHS STOP ASSET AND VEHICLE EXCESS
Sec. 2601. DHS vehicle fleets.
Sec. 2602. GAO report and Inspector General review.
TITLE XXVI--COUNTERTERRORISM SCREENING AND ASSISTANCE
Sec. 2601. Foreign partner engagement plan.
Sec. 2602. Sharing systems and equipment to obstruct travel by
terrorists and foreign fighters.
Sec. 2603. Actions with respect to foreign countries that fail to meet
minimum standards for serious and sustained
efforts to combat terrorist and foreign
fighter travel.
Sec. 2604. Definitions.
Sec. 2605. Prohibition on additional funding.
TITLE XXVII--SOUTHWEST BORDER SECURITY THREAT ASSESSMENT
Sec. 2701. Southwest border threat analysis.
Sec. 2702. Border Patrol Strategic Plan.
Sec. 2703. Definitions.
TITLE XXVIII--NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL
Sec. 2801. National strategy to combat terrorist travel.
TITLE XXIX--STATE AND HIGH-RISK URBAN AREA WORKING GROUP
Sec. 2901. Administration and coordination of certain DHS grants.
TITLE XXX--STATE AND LOCAL CYBER PROTECTION
Sec. 3001. State and local coordination on cybersecurity with the
National Cybersecurity and Communications
Integration Center.
TITLE XXXI--FUSION CENTER ENHANCEMENT
Sec. 3101. Department of Homeland Security Fusion Center Partnership
Initiative.
TITLE XXXII--TRANSPORTATION SECURITY ADMINISTRATION REFORM AND
IMPROVEMENT
Sec. 3201. Definitions.
Subtitle A--Aviation Security
Sec. 3211. TSA PreCheck.
Sec. 3212. PreCheck and general passenger biometric identification.
Sec. 3213. Limitation; PreCheck operations maintained; alternate
methods.
Sec. 3214. Secure Flight program.
Sec. 3215. Efficiency review by TSA.
Sec. 3216. Donation of screening equipment to protect the United
States.
Sec. 3217. Review of sustained security directives.
Sec. 3218. Maintenance of security-related technology.
Sec. 3219. Vetting of aviation workers.
Sec. 3220. Aviation Security Advisory Committee consultation.
Sec. 3221. Private contractor canine evaluation and integration pilot
program.
Sec. 3222. Covert testing at airports.
Sec. 3223. Training for Transportation Security Officers.
Subtitle B--Surface Transportation Security and Other Matters
Sec. 3231. Surface Transportation Inspectors.
Sec. 3232. Inspector General audit; TSA Office of Inspection workforce
certification.
Sec. 3233. Repeal of biennial reporting requirement for the Government
Accountability Office relating to the
Transportation Security Information Sharing
Plan.
Sec. 3234. Security training for frontline transportation workers.
Sec. 3235. Feasibility assessment.
TITLE XXXIII--DHS SCIENCE AND TECHNOLOGY REFORM AND IMPROVEMENT
Sec. 3301. Science and technology in support of homeland security.
TITLE XXXIV--REVIEW OF UNIVERSITY-BASED CENTERS
Sec. 3401. Review of university-based centers.
TITLE I--HOMELAND SECURITY DRONE ASSESSMENT AND ANALYSIS
SEC. 101. DRONE ASSESSMENT AND ANALYSIS.
(a) In General.--The Secretary of Homeland Security shall, in
consultation with the Secretary of Defense, the Secretary of
Transportation, the Secretary of Energy, and the Chairman of the
Nuclear Regulatory Commission research how commercially available
small- and medium-sized unmanned aircraft, excluding aircraft over
1,300 pounds, could be used to perpetuate an attack and, based on such
research, the Secretary of Homeland Security shall develop policies,
guidance, and protocols for the Department of Homeland Security to
prevent such an attack or mitigate the risks of such an attack. Not
later than 180 days after the completion of the research required under
this subsection, the Secretary of Homeland Security may provide, as
appropriate, the Secretary of Defense, the Secretary of Transportation,
the Secretary of Energy, and the Chairman of the Nuclear Regulatory
Commission information, based on such research, regarding how to best
prevent and mitigate the risk of such an attack.
(b) Dissemination to State and Local Officials.--The Secretary of
Homeland Security shall disseminate information to State, local, and
tribal law enforcement officials and State and major urban area fusion
centers, as appropriate, regarding how such officials may bolster
preparedness for and responses to attacks perpetrated by commercially
available small- and medium-sized unmanned aircraft, excluding aircraft
over 1,300 pounds.
(c) Report.--Not later than 1 year after the date of the 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 the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate an assessment of
the security risk associated with commercially available small- and
medium-sized unmanned aircraft, excluding aircraft over 1,300 pounds.
Such assessment shall be informed by research conducted in accordance
with subsection (a), shall contain recommendations, if applicable, to
prevent and mitigate the risk of an unmanned aircraft system attack,
and may be developed in coordination with the Centers of Excellence of
the Department of Homeland Security and other academic institutions.
(d) Prohibition on New Funding.--No funds are authorized to be
appropriated to carry out this title. This title shall be carried out
using amounts appropriated or otherwise made available for such
purposes.
TITLE II--BORDER AND MARITIME COORDINATION IMPROVEMENT
SEC. 201. U.S. CUSTOMS AND BORDER PROTECTION COORDINATION.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the
following new section:
``SEC. 420. IMMIGRATION COOPERATION PROGRAM.
``(a) In General.--There is established within U.S. Customs and
Border Protection a program to be known as the Immigration Cooperation
Program. Under the Program, U.S. Customs and Border Protection
officers, pursuant to an arrangement with the government of a foreign
country, may cooperate with authorities of that government, air
carriers, and security employees at airports located in that country,
to identify persons who may be inadmissible to the United States or
otherwise pose a risk to border security.
``(b) Activities.--In carrying out the program, U.S. Customs and
Border Protection officers posted in a foreign country under subsection
(a) may--
``(1) be stationed at airports in that country, including
for purposes of conducting risk assessments and enhancing
border security;
``(2) assist authorities of that government, air carriers,
and security employees with document examination and traveler
security assessments;
``(3) provide relevant training to air carriers, their
security staff, and such authorities;
``(4) exchange information with, and provide technical
assistance, equipment, and training to, such authorities to
facilitate risk assessments of travelers and appropriate
enforcement activities related to such assessments;
``(5) make recommendations to air carriers to deny boarding
to potentially inadmissable travelers bound for the United
States; and
``(6) conduct other activities, as appropriate, to protect
the international borders of the United States and facilitate
the enforcement of United States laws, as directed by the
Commissioner of U.S. Customs and Border Protection.
``SEC. 420A. AIR CARGO ADVANCE SCREENING.
``The Commissioner of U.S. Customs and Border Protection shall--
``(1) consistent with the requirements enacted by the Trade
Act of 2002 (Public Law 107-210)--
``(A) establish a program for the collection by
U.S. Customs and Border Protection of advance
electronic information from air carriers and other
persons and governments within the supply chain
regarding cargo being transported to the United States
by air; and
``(B) under such program, require that such
information be transmitted by such persons and
governments at the earliest point practicable prior to
loading of such cargo onto an aircraft destined to or
transiting through the United States; and
``(2) coordinate with the Administrator for the
Transportation Security Administration to identify
opportunities where the information furnished in compliance
with the program established under this section can be used to
meet the requirements of a program administered by the
Administrator of the Transportation Security Administration.
``SEC. 420B. U.S. CUSTOMS AND BORDER PROTECTION OFFICE OF AIR AND
MARINE OPERATIONS ASSET DEPLOYMENT.
``(a) In General.--Any deployment of new assets by U.S. Customs and
Border Protection's Office of Air and Marine Operations following the
date of the enactment of this section, shall, to the greatest extent
practicable, occur in accordance with a risk-based assessment that
considers mission needs, validated requirements, performance results,
threats, costs, and any other relevant factors identified by the
Commissioner of U.S. Customs and Border Protection. Specific factors to
be included in such assessment shall include, at a minimum, the
following:
``(1) Mission requirements that prioritize the operational
needs of field commanders to secure the United States border
and ports.
``(2) Other Department assets available to help address any
unmet border and port security mission requirements, in
accordance with paragraph (1).
``(3) Risk analysis showing positioning of the asset at
issue to respond to intelligence on emerging terrorist or other
threats.
``(4) Cost-benefit analysis showing the relative ability to
use the asset at issue in the most cost-effective way to reduce
risk and achieve mission success.
``(b) Considerations.--An assessment required under subsection (a)
shall consider applicable Federal guidance, standards, and agency
strategic and performance plans, including the following:
``(1) The most recent departmental Quadrennial Homeland
Security Review under section 707, and any follow-up guidance
related to such Review.
``(2) The Department's Annual Performance Plans.
``(3) Department policy guiding use of integrated risk
management in resource allocation decisions.
``(4) Department and U.S. Customs and Border Protection
Strategic Plans and Resource Deployment Plans.
``(5) Applicable aviation guidance from the Department,
including the DHS Aviation Concept of Operations.
``(6) Other strategic and acquisition guidance promulgated
by the Federal Government as the Secretary determines
appropriate.
``(c) Audit and Report.--The Inspector General of the Department
shall biennially audit the deployment of new assets by U.S. Customs and
Border Protection's Office of Air and Marine Operations and 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 compliance of the Department with the
requirements of this section.
``(d) Marine Interdiction Stations.--Not later than 180 days after
the date of the enactment of this section, the Commissioner of U.S.
Customs and Border Protection 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 an identification of
facilities owned by the Federal Government in strategic locations along
the maritime border of California that may be suitable for establishing
additional Office of Air and Marine Operations marine interdiction
stations.
``SEC. 420C. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--The Secretary shall establish within the
Department a program to be known as the Integrated Border Enforcement
Team program (referred to in this section as `IBET').
``(b) Purpose.--The Secretary shall administer the IBET program in
a manner that results in a cooperative approach between the United
States and Canada to--
``(1) strengthen security between designated ports of
entry;
``(2) detect, prevent, investigate, and respond to
terrorism and violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of
border security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Location of IBETs.--
``(1) Composition.--IBETs shall be led by the United States
Border Patrol and may be comprised of personnel from the
following:
``(A) Other subcomponents of U.S. Customs and
Border Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) The Coast Guard, for the purpose of securing
the maritime borders of the United States.
``(D) Other Department personnel, as appropriate.
``(E) Other Federal departments and agencies, as
appropriate.
``(F) Appropriate State law enforcement agencies.
``(G) Foreign law enforcement partners.
``(H) Local law enforcement agencies from affected
border cities and communities.
``(I) Appropriate tribal law enforcement agencies.
``(2) Location.--The Secretary is authorized to establish
IBETs in regions in which such teams can contribute to IBET
missions, as appropriate. When establishing an IBET, the
Secretary shall consider the following:
``(A) Whether the region in which the IBET would be
established is significantly impacted by cross-border
threats.
``(B) The availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in an IBET.
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the IBET would be
established, including other Department cross-border
programs such as the Integrated Cross-Border Maritime
Law Enforcement Operation Program established under
section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101 note) or
the Border Enforcement Security Task Force established
under section 432.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET or to expand an existing IBET in a given
region, the Secretary shall ensure that the IBET under
consideration does not duplicate the efforts of other existing
interagency task forces or centers within such region,
including the Integrated Cross-Border Maritime Law Enforcement
Operation Program established under section 711 of the Coast
Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task Force established
under section 432.
``(d) Operation.--
``(1) In general.--After determining the regions in which
to establish IBETs, the Secretary may--
``(A) direct the assignment of Federal personnel to
such IBETs; and
``(B) take other actions to assist Federal, State,
local, and tribal entities to participate in such
IBETs, including providing financial assistance, as
appropriate, for operational, administrative, and
technological costs associated with such participation.
``(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of securing
the maritime borders of the United States, in accordance with
subsection (c)(1)(C).
``(e) Coordination.--The Secretary shall coordinate the IBET
program with other similar border security and antiterrorism programs
within the Department in accordance with the strategic objectives of
the Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in subsection (c)(1) necessary to carry out the IBET
program.
``(g) Report.--Not later than 180 days after the date on which an
IBET is established and biannually thereafter for the following six
years, the Secretary shall submit to the appropriate congressional
committees, including the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, and in the case of Coast Guard
personnel used to secure the maritime borders of the United States,
additionally to the Committee on Transportation and Infrastructure of
the House of Representatives, a report that--
``(1) describes the effectiveness of IBETs in fulfilling
the purposes specified in subsection (b);
``(2) assesses the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
``(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(4) assesses how IBETs, Border Enforcement Security Task
Forces, and the Integrated Cross-Border Maritime Law
Enforcement Operation Program can better align operations,
including interdiction and investigation activities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 419 the following new item:
``Sec. 420. Immigration cooperation program.
``Sec. 420A. Air cargo advance screening.
``Sec. 420B. U.S. Customs and Border Protection Office of Air and
Marine Operations asset deployment.
``Sec. 420C. Integrated Border Enforcement Teams.''.
(c) Deadline for Air Cargo Advance Screening.--The Commissioner of
U.S. Customs and Border Protection shall implement section 420A of the
Homeland Security Act of 2002, as added by this section, by not later
than one year after the date of the enactment of this Act.
SEC. 202. BORDER AND MARITIME SECURITY EFFICIENCIES.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new sections:
``SEC. 434. BORDER SECURITY JOINT TASK FORCES.
``(a) Establishment.--The Secretary shall establish and operate the
following departmental Joint Task Forces (in this section referred to
as `Joint Task Force') to conduct joint operations using Department
component and office personnel and capabilities to secure the land and
maritime borders of the United States:
``(1) Joint task force-east.--Joint Task Force-East shall,
at the direction of the Secretary and in coordination with
Joint Task Force-West, create and execute a strategic plan to
secure the land and maritime borders of the United States and
shall operate and be located in a place or region determined by
the Secretary.
``(2) Joint task force-west.--Joint Task Force-West shall,
at the direction of the Secretary and in coordination with
Joint Task Force-East, create and execute a strategic plan to
secure the land and maritime borders of the United States and
shall operate and be located in a place or region determined by
the Secretary.
``(3) Joint task force-investigations.--Joint Task Force-
Investigations shall, at the direction of the Secretary, be
responsible for coordinating criminal investigations supporting
Joint Task Force-West and Joint Task Force-East.
``(b) Joint Task Force Directors.--The Secretary shall appoint a
Director to head each Joint Task Force. Each Director shall be a senior
official selected from a relevant component or office of the
Department, rotating between relevant components and offices every two
years. The Secretary may extend the appointment of a Director for up to
two additional years, if the Secretary determines that such an
extension is in the best interest of the Department.
``(c) Initial Appointments.--The Secretary shall make the following
appointments to the following Joint Task Forces:
``(1) The initial Director of Joint Task Force-East shall
be a senior officer of the Coast Guard.
``(2) The initial Director of Joint Task Force-West shall
be a senior official of U.S. Customs and Border Protection.
``(3) The initial Director of Joint Task Force-
Investigations shall be a senior official of U.S. Immigration
and Customs Enforcement.
``(d) Joint Task Force Deputy Directors.--The Secretary shall
appoint a Deputy Director for each Joint Task Force. The Deputy
Director of a Joint Task Force shall, to the greatest extent
practicable, be an official of a different component or office than the
Director of each Joint Task Force.
``(e) Responsibilities.--Each Joint Task Force Director shall--
``(1) identify and prioritize border and maritime security
threats to the homeland;
``(2) maintain situational awareness within their areas of
responsibility, as determined by the Secretary;
``(3) provide operational plans and requirements for
standard operating procedures and contingency operations;
``(4) plan and execute joint task force activities within
their areas of responsibility, as determined by the Secretary;
``(5) set and accomplish strategic objectives through
integrated operational planning and execution;
``(6) exercise operational direction over personnel and
equipment from Department components and offices allocated to
the respective Joint Task Force to accomplish task force
objectives;
``(7) establish operational and investigative priorities
within the Director's operating areas;
``(8) coordinate with foreign governments and other
Federal, State, and local agencies, where appropriate, to carry
out the mission of the Director's Joint Task Force;
``(9) identify and provide to the Secretary the joint
mission requirements necessary to secure the land and maritime
borders of the United States; and
``(10) carry out other duties and powers the Secretary
determines appropriate.
``(f) Personnel and Resources of Joint Task Forces.--
``(1) In general.--The Secretary may, upon request of the
Director of a Joint Task Force, allocate on a temporary basis
component and office personnel and equipment to the requesting
Joint Task Force, with appropriate consideration of risk given
to the other primary missions of the Department.
``(2) Consideration of impact.--When reviewing requests for
allocation of component personnel and equipment under paragraph
(1), the Secretary shall consider the impact of such allocation
on the ability of the donating component to carry out the
primary missions of the Department, and in the case of the
Coast Guard, the missions specified in section 888.
``(3) Limitation.--Personnel and equipment of the Coast
Guard allocated under this subsection may only be used to carry
out operations and investigations related to securing the
maritime borders of the United States.
``(g) Component Resource Authority.--As directed by the Secretary--
``(1) each Director of a Joint Task Force shall be provided
sufficient resources from relevant components and offices of
the Department and the authority necessary to carry out the
missions and responsibilities required under this section;
``(2) the resources referred to in paragraph (1) shall be
under the operational authority, direction, and control of the
Director of the Joint Task Force to which such resources were
assigned; and
``(3) the personnel and equipment of the Joint Task Forces
shall remain under the administrative direction of its primary
component or office.
``(h) Joint Task Force Staff.--Each Joint Task Force shall have a
staff to assist the Directors in carrying out the mission and
responsibilities of the Joint Task Forces. Such staff shall be filled
by officials from relevant components and offices of the Department.
``(i) Establishment of Performance Metrics.--The Secretary shall--
``(1) establish performance metrics to evaluate the
effectiveness of the Joint Task Forces in securing the land and
maritime borders of the United States;
``(2) submit such metrics to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, and
in the case of metrics related to securing the maritime borders
of the United States, additionally to the Committee on
Transportation and Infrastructure of the House of
Representatives, by the date that is not later than 120 days
after the date of the enactment of this section; and
``(3) submit to such Committees--
``(A) an initial report that contains the
evaluation described in paragraph (1) by not later than
January 31, 2017; and
``(B) a second report that contains such evaluation
by not later than January 31, 2018.
``(j) Joint Duty Training Program.--
``(1) In general.--The Secretary shall establish a
Department joint duty training program for the purposes of
enhancing departmental unity of efforts and promoting workforce
professional development. Such training shall be tailored to
improve joint operations as part of the Joint Task Forces
established under subsection (a).
``(2) Elements.--The joint duty training program
established under paragraph (1) shall address, at minimum, the
following topics:
``(A) National strategy.
``(B) Strategic and contingency planning.
``(C) Command and control of operations under joint
command.
``(D) International engagement.
``(E) The Homeland Security Enterprise.
``(F) Border security.
``(G) Interagency collaboration.
``(H) Leadership.
``(3) Officers and officials.--The joint duty training
program established under paragraph (1) shall consist of--
``(A) one course intended for mid-level officers
and officials of the Department assigned to or working
with the Joint Task Forces, and
``(B) one course intended for senior officers and
officials of the Department assigned to or working with
the Joint Task Forces,
to ensure a systematic, progressive, and career-long
development of such officers and officials in coordinating and
executing Department-wide joint planning and operations.
``(4) Training required.--
``(A) Directors and deputy directors.--Except as
provided in subparagraph (C), each Joint Task Force
Director and Deputy Director of a Joint Task Force
shall complete relevant parts of the joint duty
training program under this subsection prior to
assignment to a Joint Task Force.
``(B) Joint task force staff.--All senior and mid-
level officers and officials serving on the staff of a
Joint Task Force shall complete relevant parts of the
joint duty training program under this subsection
within the first year of assignment to a Joint Task
Force.
``(C) Exception.--Subparagraph (A) does not apply
in the case of the initial Directors and Deputy
Directors of a Joint Task Force.
``(k) Establishing Additional Joint Task Forces.--The Secretary may
establish additional Joint Task Forces for the purposes of--
``(1) coordinating operations along the northern border of
the United States;
``(2) homeland security crises, subject to subsection (l);
``(3) establishing other regionally based operations; or
``(4) cybersecurity.
``(l) Limitation on Additional Joint Task Forces.--
``(1) In general.--The Secretary may not establish a Joint
Task Force for any major disaster or emergency declared under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) or an incident for which the
Federal Emergency Management Agency has primary responsibility
for management of the response under title V of this Act,
including section 504(a)(3)(A), unless the responsibilities of
the Joint Task Force--
``(A) do not include operational functions related
to incident management, including coordination of
operations; and
``(B) are consistent with the requirements of
sections 509(c), 503(c)(3), and 503(c)(4)(A) of this
Act and section 302 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5143).
``(2) Responsibilities and functions not reduced.--Nothing
in this section reduces the responsibilities or functions of
the Federal Emergency Management Agency or the Administrator of
the Federal Emergency Management Agency under title V of this
Act, provisions of law enacted by the Post-Katrina Emergency
Management Reform Act of 2006 (Public Law 109-295), and other
laws, including the diversion of any asset, function, or
mission from the Federal Emergency Management Agency or the
Administrator of the Federal Emergency Management Agency
pursuant to section 506.
``(m) Notification.--
``(1) In general.--The Secretary shall submit a
notification to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, and in the case of a Joint
Task Force in which the Coast Guard will participate or a Joint
Task Force established under paragraph (2) or (3) of subsection
(k) to the Committee on Transportation and Infrastructure of
the House of Representatives, 90 days prior to the
establishment of the Joint Task Force.
``(2) Waiver authority.--The Secretary may waive the
requirement of paragraph (1) in the event of an emergency
circumstance that imminently threatens the protection of human
life or the protection of property.
``(n) Review.--
``(1) In general.--The Inspector General of the Department
shall conduct a review of the Joint Task Forces established
under this section.
``(2) Contents.--The review required under paragraph (1)
shall include an assessment of the effectiveness of the Joint
Task Force structure in securing the land and maritime borders
of the United States, together with recommendations for
enhancements to such structure to further strengthen border
security.
``(3) Submission.--The Inspector General of the Department
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 contains the
review required under paragraph (1) by not later than January
31, 2018.
``(o) Definition.--In this section, the term `situational
awareness' means a knowledge and unified understanding of unlawful
cross-border activity, including threats and trends concerning illicit
trafficking and unlawful crossings, and the ability to forecast future
shifts in such threats and trends, the ability to evaluate such threats
and trends at a level sufficient to create actionable plans, and the
operational capability to conduct continuous and integrated
surveillance of the land and maritime borders of the United States.
``(p) Sunset.--This section expires on September 30, 2018.
``SEC. 435. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
``(a) In General.--Not later than 180 days after the enactment of
this section, the Secretary 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 maritime operations coordination
plan for the coordination and cooperation of maritime operations
undertaken by components and offices of the Department with
responsibility for maritime security missions. Such plan shall update
the maritime operations coordination plan released by the Department in
July 2011, and shall address the following:
``(1) Coordination of planning, integration of maritime
operations, and development of joint maritime domain awareness
efforts of any component or office of the Department with
responsibility for maritime homeland security missions.
``(2) Maintaining effective information sharing and, as
appropriate, intelligence integration, with Federal, State, and
local officials and the private sector, regarding threats to
maritime security.
``(3) Leveraging existing departmental coordination
mechanisms, including the interagency operational centers as
authorized under section 70107A of title 46, United States
Code, Coast Guard's Regional Coordinating Mechanisms, the U.S.
Customs and Border Protection Air and Marine Operations Center,
the U.S. Customs and Border Protection Operational Integration
Center, and other regional maritime operational command
centers.
``(4) Cooperation and coordination with other departments
and agencies of the Federal Government, and State and local
agencies, in the maritime environment, in support of maritime
homeland security missions.
``(5) Work conducted within the context of other national
and Department maritime security strategic guidance.
``(b) Additional Updates.--Not later than July 1, 2020, the
Secretary, acting through the Department's Office of Operations
Coordination and Planning, 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 an update to the maritime operations
coordination plan required under subsection (a).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 433 the following new items:
``Sec. 434. Border Security Joint Task Forces.
``Sec. 435. Updates of maritime operations coordination plan.''.
SEC. 203. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle G--U.S. Customs and Border Protection Public Private
Partnerships
``SEC. 481. FEE AGREEMENTS FOR CERTAIN SERVICES AT PORTS OF ENTRY.
``(a) In General.--Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(e)) and section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the
Commissioner of U.S. Customs and Border Protection may, upon the
request of any entity, enter into a fee agreement with such entity
under which--
``(1) U.S. Customs and Border Protection shall provide
services described in subsection (c) at a United States port of
entry or any other facility at which U.S. Customs and Border
Protection provides or will provide such services;
``(2) such entity shall remit to U.S. Customs and Border
Protection a fee imposed under subsection (e) in an amount
equal to the full costs that are incurred or will be incurred
in providing such services; and
``(3) if space is provided by such entity, each facility at
which U.S. Customs and Border Protection services are performed
shall be maintained and equipped by such entity, without cost
to the Federal Government, in accordance with U.S. Customs and
Border Protection specifications.
``(b) Services Described.--The services described in this section
are any activities of any employee or contractor of U.S. Customs and
Border Protection pertaining to, or in support of, customs,
agricultural processing, border security, or immigration inspection-
related matters at a port of entry or any other facility at which U.S.
Customs and Border Protection provides or will provide services.
``(c) Limitations.--
``(1) Impacts of services.--The Commissioner of U.S.
Customs and Border Protection--
``(A) may enter into fee agreements under this
section only for services that will increase or enhance
the operational capacity of U.S. Customs and Border
Protection based on available staffing and workload and
that will not shift the cost of services funded in any
appropriations Act, or provided from any account in the
Treasury of the United States derived by the collection
of fees, to entities under this Act; and
``(B) may not enter into a fee agreement under this
section if such agreement would unduly and permanently
impact services funded in any appropriations Act, or
provided from any account in the Treasury of the United
States, derived by the collection of fees.
``(2) Number.--There shall be no limit to the number of fee
agreements that the Commissioner of U.S. Customs and Border
Protection may enter into under this section.
``(d) Fee.--
``(1) In general.--The amount of the fee to be charged
pursuant to an agreement authorized under subsection (a) shall
be paid by each entity requesting U.S. Customs and Border
Protection services, and shall be for the full cost of
providing such services, including the salaries and expenses of
employees and contractors of U.S. Customs and Border
Protection, to provide such services and other costs incurred
by U.S. Customs and Border Protection relating to such
services, such as temporary placement or permanent relocation
of such employees and contractors.
``(2) Timing.--The Commissioner of U.S. Customs and Border
Protection may require that the fee referred to in paragraph
(1) be paid by each entity that has entered into a fee
agreement under subsection (a) with U.S. Customs and Border
Protection in advance of the performance of U.S. Customs and
Border Protection services.
``(3) Oversight of fees.--The Commissioner of U.S. Customs
and Border Protection shall develop a process to oversee the
services for which fees are charged pursuant to an agreement
under subsection (a), including the following:
``(A) A determination and report on the full costs
of providing such services, as well as a process for
increasing such fees, as necessary.
``(B) Establishment of a periodic remittance
schedule to replenish appropriations, accounts, or
funds, as necessary.
``(C) Identification of costs paid by such fees.
``(e) Deposit of Funds.--
``(1) Account.--Funds collected pursuant to any agreement
entered into under subsection (a) shall be deposited as
offsetting collections, shall remain available until expended
without fiscal year limitation, and shall be credited to the
applicable appropriation, account, or fund for the amount paid
out of such appropriation, account, or fund for any expenses
incurred or to be incurred by U.S. Customs and Border
Protection in providing U.S. Customs and Border Protection
services under any such agreement and any other costs incurred
or to be incurred by U.S. Customs and Border Protection
relating to such services.
``(2) Return of unused funds.--The Commissioner of U.S.
Customs and Border Protection shall return any unused funds
collected and deposited into the account described in paragraph
(1) in the event that a fee agreement entered into under
subsection (a) is terminated for any reason, or in the event
that the terms of such fee agreement change by mutual agreement
to cause a reduction of U.S. Customs and Border Protections
services. No interest shall be owed upon the return of any such
unused funds.
``(f) Termination.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall terminate the provision of services
pursuant to a fee agreement entered into under subsection (a)
with an entity that, after receiving notice from the
Commissioner that a fee under subsection (d) is due, fails to
pay such fee in a timely manner. In the event of such
termination, all costs incurred by U.S. Customs and Border
Protection which have not been paid shall become immediately
due and payable. Interest on unpaid fees shall accrue based on
the rate and amount established under sections 6621 and 6622 of
the Internal Revenue Code of 1986.
``(2) Penalty.--Any entity that, after notice and demand
for payment of any fee under subsection (d), fails to pay such
fee in a timely manner shall be liable for a penalty or
liquidated damage equal to two times the amount of such fee.
Any such amount collected pursuant to this paragraph shall be
deposited into the appropriate account specified under
subsection (e) and shall be available as described in such
subsection.
``(g) Annual Report.--The Commissioner of U.S. Customs and Border
Protection shall submit to the Committee on Homeland Security, the
Committee on Appropriations, and the Committee on Ways and Means of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs, the Committee on Appropriations, and the
Committee on Finance of the Senate an annual report identifying the
activities undertaken and the agreements entered into pursuant to this
section.
``(h) Rule of Construction.--Nothing in this section may be
construed as imposing in any manner on U.S. Customs and Border
Protection any responsibilities, duties, or authorities relating to
real property.
``SEC. 482. PORT OF ENTRY DONATION AUTHORITY.
``(a) Personal Property Donation Authority.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection, in consultation with the Administrator of
General Services, may enter into an agreement with any entity
to accept a donation of personal property, money, or
nonpersonal services for uses described in paragraph (3) only
with respect to the following locations at which U.S. Customs
and Border Protection performs or will be performing inspection
services:
``(A) A new or existing sea or air port of entry.
``(B) An existing Federal Government-owned land
port of entry.
``(C) A new Federal Government-owned land port of
entry if--
``(i) the fair market value of the donation
is $50,000,000 or less; and
``(ii) the fair market value, including any
personal and real property donations in total,
of such port of entry when completed, is
$50,000,000 or less.
``(2) Limitation on monetary donations.--Any monetary
donation accepted pursuant to this subsection may not be used
to pay the salaries of U.S. Customs and Border Protection
employees performing inspection services.
``(3) Use.--Donations accepted pursuant to this subsection
may be used for activities related to a new or existing sea or
air port of entry or a new or existing Federal Government-owned
land port of entry described in paragraph (1), including
expenses related to--
``(A) furniture, fixtures, equipment, or
technology, including installation or the deployment
thereof; and
``(B) operation and maintenance of such furniture,
fixtures, equipment, or technology.
``(b) Real Property Donation Authority.--
``(1) In general.--Subject to paragraph (3), the
Commissioner of U.S. Customs and Border Protection, and the
Administrator of the General Services Administration, as
applicable, may enter into an agreement with any entity to
accept a donation of real property or money for uses described
in paragraph (2) only with respect to the following locations
at which U.S. Customs and Border Protection performs or will be
performing inspection services:
``(A) A new or existing sea or air port of entry.
``(B) An existing Federal Government-owned land
port of entry.
``(C) A new Federal Government-owned land port of
entry if--
``(i) the fair market value of the donation
is $50,000,000 or less; and
``(ii) the fair market value, including any
personal and real property donations in total,
of such port of entry when completed, is
$50,000,000 or less.
``(2) Use.--Donations accepted pursuant to this subsection
may be used for activities related to construction, alteration,
operation, or maintenance of a new or existing sea or air port
of entry or a new or existing a Federal Government-owned land
port of entry described in paragraph (1), including expenses
related to--
``(A) land acquisition, design, construction,
repair, or alteration; and
``(B) operation and maintenance of such port of
entry facility.
``(3) Limitation on real property donations.--A donation of
real property under this subsection at an existing land port of
entry owned by the General Services Administration may only be
accepted by the Administrator of General Services.
``(4) Sunset.--
``(A) In general.--The authority to enter into an
agreement under this subsection shall terminate on the
date that is five years after the date of the enactment
of this subsection.
``(B) Rule of construction.--The termination date
referred to in subparagraph (A) shall not apply to
carrying out the terms of an agreement under this
subsection if such agreement is entered into before
such termination date.
``(c) General Provisions.--
``(1) Duration.--An agreement entered into under subsection
(a) or (b) (and, in the case of such subsection (b), in
accordance with paragraph (4) of such subsection) may last as
long as required to meet the terms of such agreement.
``(2) Criteria.--In carrying out agreements entered into
under subsection (a) or (b), the Commissioner of U.S. Customs
and Border Protection, in consultation with the Administrator
of General Services, shall establish criteria that includes the
following:
``(A) Selection and evaluation of donors.
``(B) Identification of roles and responsibilities
between U.S. Customs and Border Protection, the General
Services Administration, as applicable, and donors.
``(C) Identification, allocation, and management of
explicit and implicit risks of partnering between the
Federal Government and donors.
``(D) Decisionmaking and dispute resolution
processes.
``(E) Processes for U.S. Customs and Border
Protection, and the General Services Administration, as
applicable, to terminate agreements if selected donors
are not meeting the terms of any such agreement,
including the security standards established by U.S.
Customs and Border Protection.
``(3) Evaluation procedures.--
``(A) In general.--The Commissioner of U.S. Customs
and Border Protection, in consultation with the
Administrator of General Services, as applicable,
shall--
``(i) establish criteria for evaluating a
proposal to enter into an agreement under
subsection (a) or (b); and
``(ii) make such criteria publicly
available.
``(B) Considerations.--Criteria established
pursuant to subparagraph (A) shall consider the
following:
``(i) The impact of a proposal referred to
in such subparagraph on the land, sea, or air
port of entry at issue and other ports of entry
or similar facilities or other infrastructure
near the location of the proposed donation.
``(ii) Such proposal's potential to
increase trade and travel efficiency through
added capacity.
``(iii) Such proposal's potential to
enhance the security of the port of entry at
issue.
``(iv) For a donation under subsection
(b)--
``(I) whether such donation
satisfies the requirements of such
proposal, or whether additional real
property would be required; and
``(II) an explanation of how such
donation was acquired, including if
eminent domain was used.
``(v) The funding available to complete the
intended use of such donation.
``(vi) The costs of maintaining and
operating such donation.
``(vii) The impact of such proposal on U.S.
Customs and Border Protection staffing
requirements.
``(viii) Other factors that the
Commissioner or Administrator determines to be
relevant.
``(C) Determination and notification.--Not later
than 180 days after receiving a proposal to enter into
an agreement under subsection (a) or (b), the
Commissioner of U.S. Customs and Border Protection,
with the concurrence of the Administrator of General
Services, as applicable, shall make a determination to
deny or approve such proposal, and shall notify the
entity that submitted such proposal of such
determination.
``(4) Supplemental funding.--Except as required under
section 3307 of title 40, United States Code, for real property
donations to the Administrator of General Services at a GSA-
owned land port of entry, donations made pursuant to subsection
(a) and (b) may be used in addition to any other funding for
such purpose, including appropriated funds, property, or
services.
``(5) Return of donations.--The Commissioner of U.S.
Customs and Border Protection, or the Administrator of General
Services, as applicable, may return any donation made pursuant
to subsection (a) or (b). No interest shall be owed to the
donor with respect to any donation provided under such
subsections that is returned pursuant to this subsection.
``(6) Prohibition on certain funding.--Except as provided
in subsections (a) and (b) regarding the acceptance of
donations, the Commissioner of U.S. Customs and Border
Protection and the Administrator of General Services, as
applicable, may not, with respect to an agreement entered into
under either of such subsections, obligate or expend amounts in
excess of amounts that have been appropriated pursuant to any
appropriations Act for purposes specified in either of such
subsections or otherwise made available for any of such
purposes.
``(7) Annual reports.--The Commissioner of U.S. Customs and
Border Protection, in collaboration with the Administrator of
General Services, as applicable, shall submit to the Committee
on Homeland Security, the Committee on Transportation and
Infrastructure, and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs, the Committee on Environment and
Public Works, and the Committee on Appropriations of the Senate
an annual report identifying the activities undertaken and
agreements entered into pursuant to subsections (a) and (b).
``(d) Rule of Construction.--Except as otherwise provided in this
section, nothing in this section may be construed as affecting in any
manner the responsibilities, duties, or authorities of U.S. Customs and
Border Protection or the General Services Administration.
``SEC. 483. CURRENT AND PROPOSED AGREEMENTS.
``Nothing in this subtitle may be construed as affecting in any
manner--
``(1) any agreement entered into pursuant to section 560 of
division D of the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) or section 559 of
title V of division F of the Consolidated Appropriations Act,
2014 (6 U.S.C. 211 note; Public Law 113-76), as in existence on
the day before the date of the enactment of this subtitle, and
any such agreement shall continue to have full force and effect
on and after such date; or
``(2) a proposal accepted for consideration by U.S. Customs
and Border Protection pursuant to such section 559, as in
existence on the day before such date of enactment.
``SEC. 484. DEFINITIONS.
``In this subtitle:
``(1) Donor.--The term `donor' means any entity that is
proposing to make a donation under this Act.
``(2) Entity.--The term `entity' means any--
``(A) person;
``(B) partnership, corporation, trust, estate,
cooperative, association, or any other organized group
of persons;
``(C) Federal, State or local government (including
any subdivision, agency or instrumentality thereof); or
``(D) any other private or governmental entity.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding at the end of
the list of items relating to title IV the following new items:
``Subtitle G--U.S. Customs and Border Protection Public Private
Partnerships
``Sec. 481. Fee agreements for certain services at ports of entry.
``Sec. 482. Port of entry donation authority.
``Sec. 483. Current and proposed agreements.
``Sec. 484. Definitions.''.
(c) Repeals.--Section 560 of division D of the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6) and
section 559 of title V of division F of the Consolidated Appropriations
Act, 2014 (6 U.S.C. 211 note; Public Law 113-76) are repealed.
SEC. 204. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341, et seq.) is amended by adding at the end the following new
section:
``SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
``(a) Establishment.--The Office of Biometric Identity Management
is established within the Department.
``(b) Director.--
``(1) In general.--The Office of Biometric Identity
Management shall be administered by the Director of the Office
of Biometric Identity Management (in this section referred to
as the `Director') who shall report to the Secretary, or to
another official of the Department, as the Secretary may
direct.
``(2) Qualifications and duties.--The Director shall--
``(A) have significant professional management
experience, as well as experience in the field of
biometrics and identity management;
``(B) lead the Department's biometric identity
services to support anti-terrorism, counter-terrorism,
border security, credentialing, national security, and
public safety and enable operational missions across
the Department by matching, storing, sharing, and
analyzing biometric data;
``(C) deliver biometric identity information and
analysis capabilities to--
``(i) the Department and its components;
``(ii) appropriate Federal, State, local,
and tribal agencies;
``(iii) appropriate foreign governments;
and
``(iv) appropriate private sector entities;
``(D) support the law enforcement, public safety,
national security, and homeland security missions of
other Federal, State, local, and tribal agencies, as
appropriate;
``(E) establish and manage the operation and
maintenance of the Department's sole biometric
repository;
``(F) establish, manage, and operate Biometric
Support Centers to provide biometric identification and
verification analysis and services to the Department,
appropriate Federal, State, local, and tribal agencies,
appropriate foreign governments, and appropriate
private sector entities;
``(G) in collaboration with the Undersecretary for
Science and Technology, establish a Department-wide
research and development program to support efforts in
assessment, development, and exploration of biometric
advancements and emerging technologies;
``(H) oversee Department-wide standards for
biometric conformity, and work to make such standards
Government-wide;
``(I) in coordination with the Department's Office
of Policy, and in consultation with relevant component
offices and headquarters offices, enter into data
sharing agreements with appropriate Federal agencies to
support immigration, law enforcement, national
security, and public safety missions;
``(J) maximize interoperability with other Federal,
State, local, and international biometric systems, as
appropriate; and
``(K) carry out the duties and powers prescribed by
law or delegated by the Secretary.
``(c) Deputy Director.--There shall be in the Office of Biometric
Identity Management a Deputy Director, who shall assist the Director in
the management of the Office.
``(d) Chief Technology Officer.--
``(1) In general.--There shall be in the Office of
Biometric Identity Management a Chief Technology Officer.
``(2) Duties.--The Chief Technology Officer shall--
``(A) ensure compliance with policies, processes,
standards, guidelines, and procedures related to
information technology systems management, enterprise
architecture, and data management;
``(B) provide engineering and enterprise
architecture guidance and direction to the Office of
Biometric Identity Management; and
``(C) leverage emerging biometric technologies to
recommend improvements to major enterprise
applications, identify tools to optimize information
technology systems performance, and develop and promote
joint technology solutions to improve services to
enhance mission effectiveness.
``(e) Other Authorities.--
``(1) In general.--The Director may establish such other
offices within the Office of Biometric Identity Management as
the Director determines necessary to carry out the missions,
duties, functions, and authorities of the Office.
``(2) Notification.--If the Director exercises the
authority provided by paragraph (1), the Director shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before exercising such authority.''.
(b) Transfer Limitation.--The Secretary of Homeland Security may
not transfer the location or reporting structure of the Office of
Biometric Identity Management (established by section 708 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section) to any component of the Department of Homeland Security.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 707 the following new item:
``Sec. 708. Office of Biometric Identity Management.''.
SEC. 205. COST-BENEFIT ANALYSIS OF CO-LOCATING OPERATIONAL ENTITIES.
(a) In General.--For any location in which U.S. Customs and Border
Protection's Office of Air and Marine Operations is based within 45
miles of locations where any other Department of Homeland Security
agency also operates air and marine assets, the Secretary of Homeland
Security shall conduct a cost-benefit analysis to consider the
potential cost of and savings derived from co-locating aviation and
maritime operational assets of the respective agencies of the
Department. In analyzing such potential cost savings achieved by
sharing aviation and maritime facilities, such analysis shall consider,
at a minimum, the following factors:
(1) Potential enhanced cooperation derived from Department
personnel being co-located.
(2) Potential costs of, and savings derived through, shared
maintenance and logistics facilities and activities.
(3) Joint use of base and facility infrastructure, such as
runways, hangars, control towers, operations centers, piers and
docks, boathouses, and fuel depots.
(4) Potential operational costs of co-locating aviation and
maritime assets and personnel.
(5) Short term moving costs required in order to co-locate
facilities.
(6) Acquisition and infrastructure costs for enlarging
current facilities, as needed.
(b) Report.--Not later than one year after the date of the
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
the Committee on Homeland Security and Governmental Affairs of the
Senate a report summarizing the results of the cost-benefit analysis
required under subsection (a) and any planned actions based upon such
results.
SEC. 206. STRATEGIC PERSONNEL PLAN FOR U.S. CUSTOMS AND BORDER
PROTECTION PERSONNEL DEPLOYED ABROAD.
(a) In General.--Not later than 270 days of after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection 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 a three year strategic plan for
deployment of U.S. Customs and Border Protection (in this section
referred to as ``CBP'') personnel to locations outside the United
States.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) A risk-based method for determining expansion of CBP
international programs to new locations, given resource
constraints.
(2) A plan to ensure CBP personnel deployed at locations
outside the United States have appropriate oversight and
support to ensure performance in support of program goals.
(3) Information on planned future deployments of CBP
personnel for a three year period, together with corresponding
information on locations for such deployments outside the
United States.
(c) Considerations.--In preparing the plan required under
subsection (a), the Commissioner of U.S. Customs and Border Protection
shall consider, and include information on, the following:
(1) Existing CBP programs in operation outside of the
United States, together with specific information on locations
outside the United States in which each such program operates.
(2) The number of CBP personnel deployed at each location
outside the United States during the preceding fiscal year.
SEC. 207. THREAT ASSESSMENT FOR UNITED STATES-BOUND INTERNATIONAL MAIL.
Not later than 180 days after the date of the enactment of this
Act, the Commissioner of U.S. Customs and Border Protection 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 an assessment of the security threats posed by
United States-bound international mail.
SEC. 208. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
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 and the
Committee on Commerce, Science, and Transportation of the Senate a
report that describes and assesses the state of the Coast Guard's
Deployable Specialized Forces (in this section referred to as the
``DSF''). Such report shall include, at a minimum, the following
elements:
(1) For each of the past three fiscal years, and for each
type of DSF, the following:
(A) A cost analysis, including training, operating,
and travel costs.
(B) The number of personnel assigned.
(C) The total number of units.
(D) The total number of operations conducted.
(E) The number of operations requested by each of
the following:
(i) The Coast Guard.
(ii) Other components or offices of the
Department of Homeland Security.
(iii) Other Federal departments or
agencies.
(iv) State agencies.
(v) Local agencies.
(F) The number of operations fulfilled by the
entities specified in subparagraph (E).
(2) Mission impact, feasibility, and cost, including
potential cost savings, of locating DSF capabilities, including
the following scenarios:
(A) Combining DSFs, primarily focused on
counterdrug operations, under one centralized command.
(B) Distributing counter-terrorism and anti-
terrorism capabilities to DSFs in each major United
States port.
(b) Deployable Specialized Force Defined.--In this section, the
term ``Deployable Specialized Force'' means a unit of the Coast Guard
that serves as a quick reaction force designed to be deployed to handle
counter-drug, counter-terrorism, and anti-terrorism operations or other
maritime threats to the United States.
SEC. 209. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM IMPROVEMENT.
(a) C-TPAT Exporters.--Section 212 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 962) is amended by
inserting ``exporters,'' after ``Importers,''.
(b) Recognition of Other Countries' Trusted Shipper Programs.--
(1) In general.--Section 218 of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 968) is
amended to read as follows:
``SEC. 218. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.
``Not later than 30 days before signing an arrangement between the
United States and a foreign government providing for mutual recognition
of supply chain security practices which might result in the
utilization of benefits described in section 214, 215, or 216, the
Secretary shall--
``(1) notify the appropriate congressional committees of
the proposed terms of such arrangement; and
``(2) determine, in consultation with the Commissioner,
that such foreign government's supply chain security program
provides comparable security as that provided by C-TPAT.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Security and Accountability for Every Port Act of
2006 is amended by amending the item relating to section 218 to
read as follows:
``Sec. 218. Recognition of other countries' trusted shipper
programs.''.
SEC. 210. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL
SUPPLY CHAIN.
Paragraph (2) of section 201(g) of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 941) is amended to read as
follows:
``(2) Updates.--Not later than 270 days after the date of
the enactment of this paragraph and every three years
thereafter, the Secretary shall submit to the appropriate
congressional committees a report that contains an update of
the strategic plan described in paragraph (1).''.
SEC. 211. CONTAINER SECURITY INITIATIVE.
Subsection (l) of section 205 of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 945) is amended--
(1) by striking ``(1) In general.--Not later than September
30, 2007,'' and inserting ``Not later than 270 days after the
date of the enactment of the Border and Maritime Security
Coordination Improvement Act,'';
(2) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively (and by moving the
margins of such paragraphs 2 ems to the left); and
(3) by striking paragraph (2).
SEC. 212. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL WAIVER AND
APPEALS PROCESS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended by adding at the end the following new section:
``(r) Securing the Transportation Worker Identification Credential
Against Use by Unauthorized Aliens.--
``(1) In general.--The Secretary, acting through the
Administrator of the Transportation Security Administration,
shall seek to strengthen the integrity of transportation
security cards issued under this section against improper
access by an individual who is not lawfully present in the
United States.
``(2) Components.--In carrying out subsection (a), the
Administrator of the Transportation Security Administration
shall--
``(A) publish a list of documents that will
identify non-United States citizen transportation
security card applicants and verify the immigration
statuses of such applicants by requiring each such
applicant to produce a document or documents that
demonstrate--
``(i) identity; and
``(ii) proof of lawful presence in the
United States; and
``(B) enhance training requirements to ensure that
trusted agents at transportation security card
enrollment centers receive training to identify
fraudulent documents.
``(3) Expiration.--A transportation security card issued
under this section expires on the date of its expiration or on
the date on which the individual to whom such card is issued is
no longer lawfully entitled to be present in the United States,
whichever is earlier.''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
information on the following:
(1) The average time for the completion of an appeal under
the appeals process established pursuant to paragraph (4) of
subsection (c) of section 70105 of title 46, United States
Code.
(2) The most common reasons for any delays at each step in
such process.
(3) Recommendations on how to resolve any such delays as
expeditiously as possible.
SEC. 213. REPEALS.
The following provisions of the Security and Accountability for
Every Port Act of 2006 (Public Law 109-347) are repealed:
(1) Section 105 (and the item relating to such section in
the table of contents of such Act).
(2) Subsection (c) of section 108.
(3) Subsections (c), (d), and (e) of section 121 (6 U.S.C.
921).
(4) Section 122 (6 U.S.C. 922) (and the item relating to
such section in the table of contents of such Act).
(5) Section 127 (and the item relating to such section in
the table of contents of such Act).
(6) Subsection (c) of section 233 (6 U.S.C. 983).
(7) Section 235 (6 U.S.C. 984) (and the item relating to
such section in the table of contents of such Act).
(8) Section 701 (and the item relating to such section in
the table of contents of such Act).
(9) Section 708 (and the item relating to such section in
the table of contents of such Act).
TITLE III--SECURING OUR AGRICULTURE AND FOOD
SEC. 301. COORDINATION OF FOOD, AGRICULTURE, AND VETERINARY DEFENSE
AGAINST TERRORISM.
(a) In General.--Title V of the Homeland Security Act of 2002 is
amended by inserting after section 526 (6 U.S.C. 321o) the following
new section:
``SEC. 527. COORDINATION OF DEPARTMENT OF HOMELAND SECURITY EFFORTS
RELATED TO FOOD, AGRICULTURE, AND VETERINARY DEFENSE
AGAINST TERRORISM.
``(a) Program Required.--The Secretary, acting through the
Assistant Secretary for Health Affairs, shall carry out a program to
coordinate the Department's efforts related to defending the food,
agriculture, and veterinary systems of the United States against
terrorism and other high-consequence events that pose a high risk to
homeland security.
``(b) Program Elements.--The coordination program required by
subsection (a) shall include, at a minimum, the following:
``(1) Providing oversight and management of the
Department's responsibilities pursuant to Homeland Security
Presidential Directive 9-Defense of United States Agriculture
and Food.
``(2) Providing oversight and integration of the
Department's activities related to veterinary public health,
food defense, and agricultural security.
``(3) Leading the Department's policy initiatives relating
to food, animal, and agricultural incidents, and the impact of
such incidents on animal and public health.
``(4) Leading the Department's policy initiatives relating
to overall domestic preparedness for and collective response to
agricultural terrorism.
``(5) Coordinating with other Department components,
including U.S. Customs and Border Protection, as appropriate,
on activities related to food and agriculture security and
screening procedures for domestic and imported products.
``(6) Coordinating with appropriate Federal departments and
agencies.
``(7) Other activities as determined necessary by the
Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended--
(1) by striking the items relating to sections 523, 524,
and 525; and
(2) by inserting after the item relating to section 522 the
following new items:
``Sec. 523. Guidance and recommendations.
``Sec. 524. Voluntary private sector preparedness accreditation and
certification program.
``Sec. 525. Acceptance of gifts.
``Sec. 526. Integrated public alert and warning system modernization.
``Sec. 527. Coordination of Department of Homeland Security efforts
related to food, agriculture, and
veterinary defense against terrorism.''.
TITLE IV--STRONG VISA INTEGRITY SECURES AMERICA
SEC. 401. VISA SECURITY.
(a) Visa Security Units at High Risk Posts.--Paragraph (1) of
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e))
is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--The Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--The Secretary shall
assign, in a risk-based manner, and based on
the criteria described in clause (ii),
employees of the Department to not fewer than
30 diplomatic and consular posts at which visas
are issued.
``(ii) Criteria described.--The criteria
referred to in clause (i) are the following:
``(I) The number of nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located who were
identified in United States Government
databases related to the identities of
known or suspected terrorists during
the previous year.
``(II) The level of cooperation of
such country with the counterterrorism
efforts of the United States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is defined in section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi))) within or
through such country.
``(IV) The number of derogatory
Security Advisory Opinions issued by
the Visa Security Advisory Opinion Unit
pursuant to paragraph (10) regarding
nationals of a country in which any of
the diplomatic and consular posts
referred to in clause (i) are located.
``(V) The adequacy of the border
and immigration control of such
country.
``(VI) Any other criteria the
Secretary determines appropriate.
``(iii) Rule of construction.--The
assignment of employees of the Department
pursuant to this subparagraph is solely the
authority of the Secretary and may not be
altered or rejected by the Secretary of
State.''.
(b) Counterterror Vetting and Screening.--Paragraph (2) of section
428(e) of the Homeland Security Act of 2002 is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Screen any such applications against the
appropriate criminal, national security, and terrorism
databases maintained by the Federal Government.''.
(c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of
the Homeland Security Act of 2002 is amended by--
(1) striking ``The Secretary shall ensure, to the extent
possible, that any employees'' and inserting ``The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide training to any employees''; and
(2) striking ``shall be provided the necessary training''.
(d) Pre-Adjudicated Visa Security Assistance and Visa Security
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland
Security Act of 2002 is amended by adding at the end the following new
paragraphs:
``(9) Remote pre-adjudicated visa security assistance.--At
the visa-issuing posts at which employees of the Department are
not assigned pursuant to paragraph (1), the Secretary shall, to
the greatest extent possible, in a risk-based manner, and in
consultation, where appropriate, with the Secretary of State,
assign employees of the Department to remotely perform the
functions required under paragraph (2) for such posts.
``(10) Visa security advisory opinion unit.--The Secretary
shall establish within U.S. Immigration and Customs Enforcement
a Visa Security Advisory Opinion Unit to respond to requests
from the Secretary of State to conduct a visa security review
using information maintained by the Department on visa
applicants, including terrorism association, criminal history,
and other relevant factors, as determined by the Secretary.''.
SEC. 402. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new sections:
``SEC. 434. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to screen travelers at United
States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals who are
nationals of a program country pursuant to section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), and
individuals who are nationals of any other foreign country that
issues electronic passports.
``(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply to individuals who are nationals of
a program country pursuant to section 217 of the Immigration
and Nationality Act.
``SEC. 435. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION.
``The Commissioner of U.S. Customs and Border Protection shall, in
a risk based manner, continuously screen individuals issued any visa,
and individuals who are nationals of a program country pursuant to
section 217 of the Immigration and Nationality Act, who are present, or
will soon be arriving, in the United States, against the appropriate
criminal, national security, and terrorism databases maintained by the
Federal Government.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 433 the following new items:
``Sec. 434. Electronic passport screening and biometric matching.
``Sec. 435. Continuous screening by U.S. Customs and Border
Protection.''.
SEC. 403. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than June 30, 2017, and not later
than June 30 of each year thereafter, the Secretary of Homeland
Security shall submit a report to the Committee on Homeland Security
and the Committee on the Judiciary of the House of Representatives and
to the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate providing, for the preceding
fiscal year, numerical estimates of--
``(1) for each country, the number of aliens from the
country who are described in subsection (a), including--
``(A) the total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(B) the number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable;
``(2) for each country, the percentage of the total number
of aliens from the country who were present in the United
States and were admitted to the United States as nonimmigrants
who are described in subsection (a);
``(3) the number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States; and
``(4) the number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))).''.
SEC. 404. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection conducting primary inspections of aliens seeking admission
to the United States at each port of entry of the United States.
TITLE V--PROMOTING RESILIENCE AND EFFICIENCY IN PREPARING FOR ATTACKS
AND RESPONDING TO EMERGENCIES
Subtitle A--Grants, Training, Exercises, and Coordination
SEC. 501. 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.
``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 Director of the Office of 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 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 is amended by inserting after the
item relating to section 2023 the following new item:
``Sec. 2024. Memoranda of understanding with departmental components
and offices.''.
SEC. 502. PERIOD OF PERFORMANCE.
(a) Urban Area Security Initiative.--Section 2003 of the Homeland
Security Act of 2002 (6 U.S.C. 604) is amended by--
(1) redesignating subsection (e) as subsection (f); and
(2) inserting after subsection (d) the following new
subsection:
``(e) 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.''.
(b) State Homeland Security Grant Program.--Section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) is amended by--
(1) redesignating subsection (f) as subsection (g); and
(2) inserting after subsection (e) the following the new
subsection:
``(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.''.
(c) Public Transportation Security Assistance Grant Program.--
Section 1406 of the Implementing Recommendations of the 9/11 Commission
Act (6 U.S.C. 1135; Public Law 110-53) is amended by--
(1) redesignating subsection (m) as subsection (n); and
(2) inserting after subsection (l) the following new
subsection:
``(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.''.
(d) Port Security Grant Program.--Section 70107 of title 46, United
States Code, is amended by adding at the end the following new
subsection:
``(n) Period of Performance.--The Secretary shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.''.
(e) Tribal Security Grant Program.--Section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606) is amended by--
(1) redesignating subsections (h) through (k) 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. 503. 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 new section:
``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, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2015
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) Authorization of Appropriations.--There is authorized to be
appropriated $55,000,000 for each of fiscal years 2016 through 2020 for
grants under this section.
``(e) Report.--The Administrator shall annually for each of fiscal
years 2016 through 2020 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 containing information on
the expenditure of grants made under this section by each grant
recipient.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following new item:
``Sec. 2009. Operation Stonegarden.''.
SEC. 504. GRANTS METRICS.
(a) In General.--To determine the extent to which grants under
sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C.
603 and 604) have closed capability gaps identified in State
Preparedness Reports required under subsection (c) of section 652 of
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752;
title VI of the Department of Homeland Security Appropriations Act,
2007; Public Law 109-295) and Threat and Hazard Identification and Risk
Assessments 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 such Reports and Assessments.
(b) Assessment Requirements.--The assessment required under
subsection (a) shall include a comparison of successive State
Preparedness Reports and Threat and Hazard Identification and Risk
Assessments from each State and high-risk urban area.
SEC. 505. GRANT MANAGEMENT BEST PRACTICES.
The Administrator of the Federal Emergency Management Agency shall
include in the annual Notice of Funding Opportunity relating to grants
under sections 2003 and 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605) an appendix that includes a summary of findings
identified by the Office of the Inspector General of the Department of
Homeland Security in audits of such grants and methods to address areas
identified for improvement and innovative practices instituted by grant
recipients.
SEC. 506. ADMINISTRATION AND COORDINATION OF GRANTS.
(a) In General.--Paragraphs (1) and (2) of subsection (b) of
section 2021 of the Homeland Security Act of 2002 (6 U.S.C. 611) are
amended to read as follows:
``(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall establish a
State planning committee or urban area working group to assist
in preparation and revision of the State, regional, or local
homeland security plan or the threat and hazard identification
and risk assessment, as the case may be, and to assist in
determining effective funding priorities for grants under such
sections 2003 and 2004.
``(2) Composition.--The State planning committees and urban
area working groups referred to in paragraph (1) shall include
at least one representative from each of the following
significant stakeholders:
``(A) Local or tribal government officials.
``(B) Emergency response providers, including
representatives of the fire service, law enforcement,
emergency medical services, and emergency managers.
``(C) Public health officials and other appropriate
medical practitioners.
``(D) Individuals representing educational
institutions, including elementary schools, community
colleges, and other institutions of higher education.
``(E) State and regional interoperable
communications coordinators, as appropriate.
``(F) State and major urban area fusion centers, as
appropriate.''.
(b) Conforming Amendment.--Paragraph (3) of section 2021(b) (6
U.S.C. 611) is amended by inserting ``or urban area working group, as
the case may be,'' after ``planning committee''.
SEC. 507. FUNDING PROHIBITION.
The Secretary of Homeland Security may not implement the National
Preparedness Grant Program or any successor grant program unless the
Secretary receives prior authorization from Congress permitting such
implementation.
SEC. 508. LAW ENFORCEMENT TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--Subsection (a)
of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
use'' after ``that''; and
(B) by striking ``is used''; and
(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 Policy of the Department, through
outreach to relevant stakeholder organizations.''.
(b) Office for State and Local Law Enforcement.--Subsection (b)(4)
of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in subparagraph (B), by inserting ``, including through
consultation with such agencies regarding Department programs
that may impact such agencies'' before the semicolon; and
(2) in subparagraph (D), by striking ``ensure'' and
inserting ``certify''.
SEC. 509. ALLOWABLE USES.
Subsection (a) of section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609) is amended--
(1) in the matter preceding paragraph (1), by inserting
``including by working in conjunction with a National
Laboratory (as defined in section 2(3) of the Energy Policy Act
of 2005 (42 U.S.C. 15801(3))),'' after ``plans,'';
(2) by redesignating paragraphs (6) through (13) as
paragraphs (7) through (14), respectively;
(3) by inserting after paragraph (5) the following new
paragraph:
``(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, their families, immediate victims,
and vulnerable populations from a chemical or biological
event;''; and
(4) in subsection (b)(3)(B), by striking ``(a)(10)'' and
inserting ``(a)(11)''.
SEC. 510. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended by adding at the end the following new subsection:
``(g) Maintenance of Equipment.--Any applicant for a grant under
section 2003 or 2004 seeking to use funds to purchase equipment,
including pursuant to paragraph (3), (4), (5), or (9) 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. 511. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act (6 U.S.C. 1102) is amended--
(1) in subsection (d), by amending paragraphs (1) and (2)
to read as follows:
``(1) for the Center for Domestic Preparedness, $65,000,000
for each of fiscal years 2016 and 2017; and
``(2) for the remaining Members of the National Domestic
Preparedness Consortium, $98,000,000 for each of fiscal years
2016 and 2017.''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``2007'' and inserting ``2015''.
SEC. 512. 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 from rural communities.
(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. 513. EMERGENCY SUPPORT FUNCTIONS.
(a) Update.--Paragraph (13) of section 504(a) of the Homeland
Security Act of 2002 (6 U.S.C. 314(a)) is amended by inserting ``,
periodically updating (but not less often than once every five
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 753; title VI of the
Department of Homeland Security Appropriations Act, 2007; Public Law
109-295) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(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 such Framework.''.
SEC. 514. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.
Paragraph (2) of section 509(b) of the Homeland Security Act of
2002 (6 U.S.C. 319(b)) is amended, in the matter preceding subparagraph
(A), by inserting ``, but not less often than once every five years,''
after ``periodically''.
SEC. 515. APPROVAL OF CERTAIN EQUIPMENT.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended by adding at the end the following:
``(g) Review Process.--The Administrator shall develop and
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.''.
SEC. 516. REMEDIAL ACTION MANAGEMENT PROGRAM.
Section 650 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 750; title VI of the Department of Homeland Security
Appropriations Act, 2007; Public Law 109-295) is amended to read as
follows:
``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
``(a) In General.--The Administrator, in coordination with the
National Council on Disability and the National Advisory Council, shall
establish a remedial action management program to--
``(1) analyze training, exercises, and real world events to
identify lessons learned, corrective actions, and best
practices;
``(2) generate and disseminate, as appropriate, the lessons
learned, corrective actions, and best practices referred to 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 utilize the program established in 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 shall,
not later than one year after the date of the enactment of this section
and annually thereafter for each of the next four years, submit to
Congress a report on the status of such 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.''.
Subtitle B--Communications
SEC. 521. OFFICE OF EMERGENCY COMMUNICATIONS.
The Secretary of Homeland Security may not change the location or
reporting structure of the Office of Emergency Communications of the
Department of Homeland Security unless the Secretary receives prior
authorization from the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate permitting such change.
SEC. 522. RESPONSIBILITIES OF OFFICE OF EMERGENCY COMMUNICATIONS
DIRECTOR.
Subsection (c) of section 1801 of the Homeland Security Act of 2002
(6 U.S.C. 571) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (15) as
paragraphs (3) through (14), respectively;
(3) in paragraph (8), as so redesignated, by striking ``,
in cooperation with the National Communications System,'';
(4) in paragraph (9), as so redesignated, by striking ``the
Homeland Security Council,'';
(5) in paragraph (12) by striking ``Assistant Secretary for
Grants and Training'' and inserting ``Assistant Administrator
of the Grant Programs Directorate of the Federal Emergency
Management Agency'';
(6) in paragraph (13), as so redesignated, by striking
``and'' at the end; and
(7) by adding after paragraph (14), as so redesignated, the
following new paragraphs:
``(15) administer the Government Emergency
Telecommunications Service (GETS) and Wireless Priority Service
(WPS) programs, or successor programs; and
``(16) assess the impact of emerging technologies on
interoperable emergency communications.''.
SEC. 523. ANNUAL REPORTING ON ACTIVITIES OF THE OFFICE OF EMERGENCY
COMMUNICATIONS.
Subsection (f) of section 1801 of the Homeland Security Act of 2002
(6 U.S.C. 571) is amended to read as follows:
``(f) Annual Reporting of Office Activities.--The Director of the
Office of Emergency Communications shall, not later than one year after
the date of the enactment of this subsection and annually thereafter
for each of the next four 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 Office,
including specific information on efforts to carry out paragraphs (4),
(5), and (6) of subsection (c).''.
SEC. 524. 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
five years,'' after ``periodically''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) consider the impact of emerging technologies on the
attainment of interoperable emergency communications;''.
SEC. 525. TECHNICAL EDITS.
Title XVIII of the Homeland Security Act of 2002 is amended--
(1) in subsection (d) of section 1801 (6 U.S.C. 571) by--
(A) striking paragraph (2); and
(B) redesignating paragraph (3) as paragraph (2);
and
(2) in paragraph (1) of section 1804(b) (6 U.S.C. 574(b)),
in the matter preceding subparagraph (A), by striking
``Assistant Secretary for Grants and Planning'' and inserting
``Assistant Administrator of the Grant Programs Directorate of
the Federal Emergency Management Agency''.
SEC. 526. PUBLIC SAFETY BROADBAND NETWORK.
The Undersecretary of the National Protection and Programs
Directorate of the Department of Homeland Security shall submit 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 information on the Department of
Homeland Security's responsibilities related to the development of the
nationwide Public Safety Broadband Network authorized in section 6202
of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1422; Public Law 112-96), including information on efforts by the
Department to work with the First Responder Network Authority of the
Department of Commerce to identify and address cyber risks that could
impact the near term or long term availability and operations of such
network and recommendations to mitigate such risks.
SEC. 527. STATEWIDE INTEROPERABILITY COORDINATORS.
(a) In General.--Paragraph (2) of section 2004(b) of the Homeland
Security Act of 2002 (6 U.S.C. 605(b)) is amended by--
(1) redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) inserting after subparagraph (A) the following new
subparagraph:
``(B)(i) certification that the Governor of the
State has designated a Statewide Interoperability
Coordinator, including identification in such
certification of the individual so designated, who
shall be responsible for--
``(I) coordinating the daily operations of
the State's interoperability efforts;
``(II) coordinating State interoperability
and communications projects and grant
applications for such projects;
``(III) establishing and maintaining
working groups to develop and implement key
interoperability initiatives; and
``(IV) coordinating and updating, as
necessary, a Statewide Communications
Interoperability Plan that specifies the
current status of State efforts to enhance
communications interoperability within the
State, including progress, modifications, or
setbacks, and future goals for communications
interoperability among emergency response
agencies in the State; or
``(ii) if a Statewide Interoperability Coordinator
has not been designated in accordance with clause (i)--
``(I) certification that the State is
performing in another manner the functions
described in subclauses (I) through (IV) of
such clause; and
``(II) identification in such certification
of an individual who has been designated by the
State as the primary point of contact for
performance of such functions;''.
(b) Limitation on Application.--The amendment made by subsection
(a) shall not apply with respect to any grant for which an application
was submitted under the State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) before
the date of the enactment of this section.
SEC. 528. 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
the Department of Homeland Security Interoperable Communications Act
(Public Law 114-29), 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.
Subtitle C--Medical Preparedness
SEC. 531. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY RESPONSE
PROVIDERS.
(a) Anthrax Preparedness.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following new section:
``SEC. 526. ANTHRAX PREPAREDNESS.
``(a) Pre-Event Anthrax Vaccination Program for Emergency Response
Providers.--For the purpose of domestic preparedness for and collective
response to terrorism, the Secretary, in coordination with the
Secretary of Health and Human Services, shall establish a program to
provide anthrax vaccines from the strategic national stockpile under
section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)) that will be nearing the end of their labeled dates of use at
the time such vaccines are to be administered to emergency response
providers who are at high risk of exposure to anthrax and who
voluntarily consent to such administration, and shall--
``(1) establish any necessary logistical and tracking
systems to facilitate making such vaccines so available;
``(2) distribute disclosures regarding associated benefits
and risks to end users; and
``(3) conduct outreach to educate emergency response
providers about the voluntary program.
``(b) Threat Assessment.--The Secretary shall--
``(1) support homeland security-focused risk analysis and
risk assessments of the threats posed by anthrax from an act of
terror;
``(2) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to an
anthrax terror attack; and
``(3) share information and provide tailored analytical
support on threats posed by anthrax to State, local, and tribal
authorities, as well as other national biosecurity and
biodefense stakeholders.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting at the end of the items relating to title V the
following new item:
``Sec. 526. Anthrax preparedness.''.
(b) Pilot Program.--
(1) In general.--In carrying out the pre-event vaccination
program authorized in subsection (a) of section 526 of the
Homeland Security Act of 2002, as added by subsection (a) of
this section, the Secretary of Homeland Security, in
coordination with the Secretary of Health and Human Services,
shall carry out a pilot program to provide anthrax vaccines to
emergency response providers as so authorized. The duration of
the pilot program shall be 24 months from the date the initial
vaccines are administered to participants.
(2) Preliminary requirements.--Prior to implementing the
pilot program under paragraph (1), the Secretary of Homeland
Security shall--
(A) establish a communication platform for such
pilot program;
(B) establish education and training modules for
such pilot program;
(C) conduct economic analysis of such pilot
program; and
(D) create a logistical platform for the anthrax
vaccine request process under such pilot program.
(3) Location.--In carrying out the pilot program under
paragraph (1), the Secretary of Homeland Security shall select
emergency response providers based in at least two States for
participation in such pilot program.
(4) Distribution of information.--The Secretary of Homeland
Security shall provide to each emergency response provider who
participates in the pilot program under paragraph (1)
disclosures and educational materials regarding the associated
benefits and risks of any vaccine provided under such pilot
program and of exposure to anthrax.
(5) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter until one year
after the completion of the pilot program under paragraph (1),
the Secretary of Homeland Security shall submit 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 a
report on the progress and results of such pilot program,
including the percentage of eligible emergency response
providers, as determined by each pilot location, that volunteer
to participate, the degree to which participants obtain
necessary vaccinations, as appropriate, and recommendations to
improve initial and recurrent participation in such pilot
program. Each such report shall include a discussion of plans
to continue such pilot program to provide vaccines to emergency
response providers under subsection (a) of section 526 of the
Homeland Security Act of 2002, as added by subsection (a) of
this section.
(6) Deadline for implementation.--The Secretary of Homeland
Security shall begin implementing the pilot program under
paragraph (1) by not later than the date that is one year after
the date of the enactment of this Act.
SEC. 532. CHIEF MEDICAL OFFICER.
(a) In General.--Subsection (c) of section 516 of the Homeland
Security Act of 2002 (6 U.S.C. 321e) is amended--
(1) in the matter preceding paragraph (1), by inserting
``and shall establish medical and human, animal, and
occupational health exposure policy, guidance, strategies, and
initiatives,'' before ``including--'';
(2) in paragraph (1), by inserting before the semicolon at
the end the following: ``, including advice on how to prepare
for, protect against, respond to, recover from, and mitigate
against the medical effects of terrorist attacks or other high
consequence events utilizing chemical, biological,
radiological, or nuclear agents or explosives'';
(3) in paragraph (2), by inserting before the semicolon at
the end the following: ``, including coordinating the
Department's policy, strategy and preparedness for pandemics
and emerging infectious diseases'';
(4) in paragraph (5), by inserting ``emergency medical
services and medical first responder stakeholders,'' after
``the medical community'';
(5) in paragraph (6), by striking ``and'' at the end; and
(6) by adding after paragraph (7) the following new
paragraphs:
``(8) ensuring that the workforce of the Department has
evidence-based policy, standards, requirements, and metrics for
occupational health and operational medicine programs;
``(9) directing and maintaining a coordinated system for
medical support for the Department's operational activities;
``(10) providing oversight of the Department's medical
programs and providers, including--
``(A) reviewing and maintaining verification of the
accreditation of the Department's health provider
workforce;
``(B) developing quality assurance and clinical
policy, requirements, standards, and metrics for all
medical and health activities of the Department;
``(C) providing oversight of medical records
systems for employees and individuals in the
Department's care and custody; and
``(D) providing medical direction for emergency
medical services activities of the Department; and
``(11) as established under section 527, maintaining a
medical countermeasures stockpile and dispensing system, as
necessary, to facilitate personnel readiness, and protection
for working animals, employees, and individuals in the
Department's care and custody in the event of a chemical,
biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic.''.
(b) Medical Liaisons.--The Chief Medical Officer of the Department
of Homeland Security may provide medical liaisons to the components of
the Department to provide subject matter expertise on medical and
public health issues and a direct link to the Chief Medical Officer.
Such expertise may include the following:
(1) Providing guidance on health and medical aspects of
policy, planning, operations, and workforce health protection.
(2) Identifying and resolving component medical issues.
(3) Supporting the development and alignment of medical and
health systems.
(4) Identifying common gaps in medical and health
standards, policy, and guidance, and enterprise solutions to
bridge such gaps.
SEC. 533. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 531 of this title, is
further amended by adding at the end the following new section:
``SEC. 527. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for working animals, employees, and individuals in the
Department's care and custody, in the event of a chemical, biological,
radiological, nuclear, or explosives attack, naturally occurring
disease outbreak, or pandemic, and to support Department mission
continuity.
``(b) Oversight.--The Chief Medical Officer, established under
section 516, shall provide programmatic oversight of the medical
countermeasures program established pursuant to subsection (a), and
shall--
``(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance on dispensing of
stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and offices of
the Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
``(d) Medical Countermeasures Management.--Not later than 180 days
after the date of the enactment of this section, the Chief Medical
Officer shall develop and submit to the Secretary an integrated
logistics support plan for medical countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and quantities
of medical countermeasures to stockpile under subsection (d), the Chief
Medical Officer shall utilize, if available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance
on medical countermeasures.
``(f) Report.--No later than 180 days after the date of the
enactment of this section, the Chief Medical Officer shall report to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate on progress in achieving the requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 531 of this
title, is further amended by inserting at the end of the items relating
to title V the following new item:
``Sec. 527. Medical countermeasures.''.
Subtitle D--Management
SEC. 541. 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 with respect to the matters described in subsection
(b) as they 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 remains
the responsibility of the Assistant Administrator for National
Continuity.
(d) Report.--Not later than 270 days after the date of the
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. 542. SYSTEMS MODERNIZATION.
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 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 on the Federal Emergency Management Agency's efforts to
modernize its grants and financial information technology systems,
including the following:
(1) A summary of all previous efforts to modernize such
systems.
(2) An assessment of long term cost savings and
efficiencies gained through such modernization effort.
(3) A capability needs assessment.
(4) Estimated quarterly costs.
(5) Estimated acquisition life cycle dates, including
acquisition decision events.
SEC. 543. STRATEGIC HUMAN CAPITAL PLAN.
Subsection (c) of section 10102 of title 5, United States Code, is
amended by striking ``2007'' and inserting ``2016''.
SEC. 544. ACTIVITIES RELATED TO CHILDREN.
Paragraph (2) of section 503(b) of the Homeland Security Act of
2002 (6 U.S.C. 313(b)) 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 new subparagraph:
``(I) integrate the needs of children into the
Agency's activities to prepare for, protect against,
respond to, recover from, and mitigate against natural
disasters, acts of terrorism, and other man-made
disasters, including by appointing a technical expert
to coordinate such activities, as necessary.''.
Subtitle E--Flood Insurance Claims Process Reforms
SEC. 551. CLAIMS ADJUSTMENT AND ENGINEERING REPORTS.
Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C.
4019) is amended by adding at the end the following new subsections:
``(d) Final Engineering Reports.--The Administrator shall require
that, in the case of any on-site inspection of a property by an
engineer for the purpose of assessing any claim for losses covered by a
policy for flood insurance coverage provided under this title, the
final engineering report shall be provided to the insured under the
policy, as follows:
``(1) Timing.--The final engineering report may not be
transmitted to any other person, employer, agency, or entity,
before it is transmitted to the insured.
``(2) Prohibition on alterations; certification.--The final
engineering report may not include alterations by, or at the
request of, anyone other than the responsible in charge for
such report and shall include a certification, signed by the
responsible in charge for the report, that it does not contain
any such alterations.
``(3) Transmittal.--The final engineering report shall be
transmitted to the insured in a manner as the Administrator
shall provide that provides reasonable assurance that it was
transmitted directly to the insured by the responsible in
charge.
``(4) Reports covered.--For purposes of this subsection,
the term `final engineering report' means an engineering
report, survey, or other document in connection with such claim
that--
``(A) is based on such on-site inspection;
``(B) contains final conclusions with respect to an
engineering issue or issues involved in such claim; and
``(C) is signed by the responsible in charge or
affixed with the seal of such responsible in charge, or
both.
``(e) Claims Adjustment Reports.--The Administrator shall require
that, in the case of any on-site inspection of a property by a claims
adjustor for the purpose of assessing any claim for losses covered by a
policy for flood insurance coverage provided under this title, any
report shall be provided to the insured under the policy, as follows:
``(1) Timing.--Such report may not be transmitted to any
other person, employer, agency, or entity, before it is
transmitted to the insured.
``(2) Prohibition on alterations; certification.--The
report may not include alterations by, or at the request of,
anyone other than such preparer and shall include a
certification, signed by the preparer of the report, that it
does not contain any such alterations.
``(3) Transmittal.--The report shall be transmitted to the
insured in a manner as the Administrator shall provide that
provides reasonable assurance that it was transmitted directly
to the insured by the preparer.
``(4) Reports covered.--For purposes of this subsection,
the term `report' means any report or document in connection
with such claim that is based on such on-site inspection by the
claims adjustor, including any adjustment report and field
report. Such term also includes any draft, preliminary version,
or copy of any such report and any amendments or additions to
any such report. Such term does not include any engineering
report, as such term is defined for purposes of subsection
(d).''.
SEC. 552. JUDICIAL REVIEW.
(a) Government Program With Industry Assistance.--Section 1341 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4072) is amended by
striking ``within one year after the date of mailing of notice of
disallowance or partial disallowance by the Administrator'' and
inserting the following: ``not later than the expiration of the 2-year
period beginning upon the date of the occurrence of the losses involved
in such claim or, in the case of a denial of a claim for losses that is
appealed to the Administrator, not later than (1) the expiration of the
90-day period beginning upon the date of a final determination upon
appeal denying such claim in whole or in part, or (2) the expiration of
such 2-year period, whichever is later''.
(b) Industry Program With Federal Financial Assistance.--Section
1333 of the National Flood Insurance Act of 1968 (42 U.S.C. 4053) is
amended by striking ``within one year after the date of mailing of
notice of disallowance or partial disallowance of the claim'' and
inserting the following: ``not later than the expiration of the 2-year
period beginning upon the date of the occurrence of the losses involved
in such claim or, in the case of a denial of a claim for losses that is
appealed to the Administrator, not later than (1) the expiration of the
90-day period beginning upon the date of a final determination upon
appeal denying such claim in whole or in part, or (2) the expiration of
such 2-year period, whichever is later''.
TITLE VI--CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY
SEC. 601. CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY.
(a) In General.--The Homeland Security Act of 2002 is amended by
adding at the end the following new title:
``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY
``Subtitle A--Cybersecurity and Infrastructure Protection
``SEC. 2201. DEFINITIONS.
``In this subtitle--
``(1) Critical infrastructure incident.--The term `critical
infrastructure incident' means an occurrence that actually or
immediately jeopardizes, without lawful authority, the
integrity, confidentially, or availability of critical
infrastructure.
``(2) Critical infrastructure information.--The term
`critical infrastructure information' has the meaning given
such term in section 2215.
``(3) Critical infrastructure risk.--The term `critical
infrastructure risk' means threats to and vulnerabilities of
critical infrastructure and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
critical infrastructure, including such related consequences
caused by an act of terrorism.
``(4) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 2209.
``(5) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in paragraph (5) of
section 102 of the Cybersecurity Information Sharing Act of
2015 (contained in division N of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).
``(6) Federal entity.--The term `Federal entity' has the
meaning given such term in paragraph (8) of section 102 of the
Cybersecurity Information Sharing Act of 2015 (contained in
division N of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501)).
``(7) Non-federal entity.--The term `non-Federal entity'
has the meaning given such term in paragraph (14) of section
102 of the Cybersecurity Information Sharing Act of 2015
(contained in division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)).
``(8) Sharing.--The term `sharing' has the meaning given
such term in section 2209.
``SEC. 2202. CYBERSECURITY AND INFRASTRUCTURE PROTECTION 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 Protection 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 Protection Agency of the Department.
``(b) Mission.--The mission of the Agency shall be to lead national
efforts to protect and enhance the security and resilience of the cyber
and critical infrastructure of the United States.
``(c) Director.--
``(1) In general.--The Agency shall be headed by a Director
of National Cybersecurity (in this subtitle referred to as the
`Director').
``(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 the 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
National Cybersecurity of the Department.
``(d) Responsibilities.--The Director shall--
``(1) lead cybersecurity and critical infrastructure
protection policy and operations for the Department;
``(2) serve as the primary representative of the Department
for coordinating with Federal entities, non-Federal entities,
and international partners the cybersecurity and critical
infrastructure protection policy and operations referred to in
paragraph (1);
``(3) facilitate a national effort to strengthen and
maintain secure, functioning, and resilient critical
infrastructure from threats;
``(4) maintain and utilize mechanisms, including a
coordinating body for the regular and ongoing consultation and
collaboration among the Agency's Divisions to further operation
coordination, integrated situational awareness, and improved
integration across the Agency;
``(5) develop, coordinate, and implement--
``(A) comprehensive strategic plans for
cybersecurity and critical infrastructure protection;
and
``(B) risk assessments for the Department, in
accordance with subsection (f);
``(6) carry out emergency communications responsibilities,
in accordance with title XVIII;
``(7) carry out the authorities designated to the Secretary
under section 1315 of title 40 United States Code; and
``(8) carry out such other duties and powers prescribed by
law or delegated by the Secretary.
``(e) Risk Assessments.--
``(1) National risk assessments.--The Director, in
coordination with the heads of relevant components of the
Department and other appropriate Federal entities, shall
develop, coordinate, and update periodically (not less often
than once every two years) a national risk assessment of--
``(A) cybersecurity risks; and
``(B) critical infrastructure risks.
``(2) Integrated national risk assessments.--The Director
shall develop, coordinate, and update periodically (not less
often than once every two years) an integrated national risk
assessment that assesses all of the cybersecurity risks and
critical infrastructure risks referred to in paragraph (1) and
compares each such risk and incident against one another
according to their relative risk, including cascading effects
between each such risk.
``(3) Inclusion in assessments.--Each national risk
assessment required under paragraph (1) and integrated national
risk assessment required under paragraph (2) shall include--
``(A) a description of the data and methodology
used for each such assessment; and
``(B) if applicable, actions or countermeasures
recommended or taken by the Secretary or the head of
another Federal agency to address issues identified in
each such assessment.
``(4) Classification.--The Director shall ensure that each
national risk assessment required under paragraph (1) and
integrated national risk assessment required under paragraph
(2) has a classified and unclassified version.
``(5) Provision to congress.--The Director 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 each national risk
assessment required under paragraph (1) and integrated national
risk assessment required under paragraph (2) not later than 30
days after the completion of each such assessment.
``(f) Methodology.--In developing each national risk assessment
required under subsection (f)(1) and integrated national risk
assessment required under subsection (g)(2), the Director, in
consultation with the heads of relevant Federal entities, shall--
``(1) assess the proposed methodology to be used for such
assessments; and
``(2) consider the evolving threat to the United States as
indicated by 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))).
``(g) Usage.--The national risk assessments and integrated national
risk assessments required under subsection (f) shall be used to inform
and guide allocation of resources for cybersecurity and critical
infrastructure protection activities of the Department.
``(h) Input and Sharing.--The Director shall, for each national
risk assessment and integrated national risk assessment required under
subsection (f)--
``(1) seek input from relevant Federal and non-Federal
entities involved in efforts to counter threats;
``(2) ensure that written procedures are in place to guide
the development of such assessments, including for input,
review, and implementation purposes, among relevant Federal
entities;
``(3) share the classified versions of such assessments
with appropriate representatives from relevant Federal and non-
Federal entities with appropriate security clearances and a
need for such assessments; and
``(4) to the maximum extent practicable, make available the
unclassified versions of such assessments to relevant Federal
and non-Federal entities for cybersecurity and critical
infrastructure protection.
``(i) Composition.--The Agency shall be composed of the following
divisions:
``(1) The Cybersecurity Division, headed by a Principal
Deputy Director.
``(2) The Infrastructure Protection Division, headed by a
Deputy Director.
``(3) The Emergency Communications Division under title
XVIII, headed by a Deputy Director.
``(4) The Federal Protective Service, headed by a Deputy
Director.
``(j) Contracting Authority.--
``(1) Definition.--In this subsection the term `head of
contracting activity' means each official responsible 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 Federal Government
entities.
``(2) Application.--All procurement and contracting
activities for the Agency shall be performed in accordance with
the Federal Acquisition Regulation, the Department of Homeland
Security Acquisition Policy, and other applicable laws, Federal
regulations, and policies.
``(3) Delegated authority.--The Secretary, acting through
the Chief Procurement Officer of the Department, may delegate
procurement and contracting authority to the Agency head of
contracting activity, as appropriate, after--
``(A) verifying that the head of contracting
activity has the training and experience to carry out
the authority to be delegated;
``(B) validating that Agency has identified the
personnel, systems, and resources to carry out the
authority to be delegated; and
``(C) providing Congress with a notification of the
delegation and attestations under paragraphs (1) and
(2).
``(4) Performance review.--
``(A) In general.--The Chief Procurement Officer
shall provide input on the periodic performance review
of the Agency's head of contracting activity.
``(B) Rule of construction.--None of the
authorities authorized in this subsection shall
prohibit the Chief Procurement Officer from retaining
contracting authority for the Agency, as warranted.
``(5) Compliance.--The Agency shall comply with Department
policy prior to obligating funds when using reimbursable work
agreements or interagency acquisitions with other Federal
agencies or Department components.
``(6) Department review.--Not later than one year after any
delegation pursuant to paragraph (3), the Director shall report
to Congress on the exercise of procurement and contracting
authority by the head of contracting activity of the Agency and
the status of Agency major acquisition programs, cost,
schedule, and performance.
``(k) Staff.--
``(1) In general.--The Secretary shall provide the Agency
with a staff of analysts having appropriate expertise and
experience to assist the Agency in discharging its
responsibilities under this section.
``(2) Private sector analysts.--Analysts under this
subsection may include analysts from the private sector.
``(3) Security clearances.--Analysts under this subsection
shall possess security clearances appropriate for their work
under this section.
``(l) Detail of Personnel.--
``(1) In general.--In order to assist the Agency in
discharging its responsibilities under this section, personnel
of the Federal agencies referred to in paragraph (2) may be
detailed to the Agency for the performance of analytic
functions and related duties.
``(2) Agencies specified.--The Federal agencies referred to
in paragraph (1) are the following:
``(A) The Department of State.
``(B) The Central Intelligence Agency.
``(C) The Federal Bureau of Investigation.
``(D) The National Security Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The Defense Intelligence Agency.
``(G) Any other agency of the Federal Government
that the President considers appropriate.
``(3) Cooperative agreements.--The Secretary and the head
of the agency concerned under this subsection may enter into
cooperative agreements for the purpose of detailing personnel
under this subsection.
``(4) Basis.--The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable basis.
``SEC. 2203. CYBERSECURITY DIVISION.
``(a) Establishment.--
``(1) In general.--There is established in the Agency a
Cybersecurity Division.
``(2) Principal deputy director.--The Cybersecurity
Division shall be headed by a Principal Deputy Director of
Cybersecurity (in this subtitle referred to as the `Principal
Deputy Director'), who shall--
``(A) be at the level of Assistant Secretary within
the Department; and
``(B) 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 Principal Deputy Director
of Cybersecurity.
``(b) Functions.--The Cybersecurity Division shall--
``(1) lead the cybersecurity efforts of the Agency;
``(2) carry out--
``(A) the Department's activities related to
Federal information security; and
``(B) the functions of the national cybersecurity
and communications integration center under section
2209;
``(3) coordinate cybersecurity initiatives with Federal and
non-Federal entities for all activities relating to stakeholder
outreach, engagement, and education, including engagement and
coordination activities for cybersecurity initiatives carried
out by the National Protection and Programs Directorate, Office
of Cybersecurity and Communications Stakeholder Engagement and
Cyber Infrastructure Resilience division as of June 1, 2015;
``(4) provide coordination and support to non-Federal
entities to reduce cybersecurity risks, including through
voluntary partnerships;
``(5) conduct network and malicious code analysis for known
and unknown cybersecurity threats; and
``(6) in coordination with the Director, carry out the
consultation, coordination, and collaboration required under
subsection (d)(4) of section 2202.
``(c) Additional Functions.--In addition to the responsibilities
specified in subsection (b), the Principal Deputy Director shall also--
``(1) under section 201, carry out paragraphs (1), (3),
(4), (5), (6), (8), (10), (11), (13), (14), and (22) of
subsection (d) of such section;
``(2) carry out comprehensive assessments of the
cybersecurity risks to critical infrastructure, 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 such
attacks and the feasibility and potential efficacy of various
countermeasures to such attacks);
``(3) recommend cybersecurity measures necessary to protect
critical infrastructure in coordination with other Federal
entities and in cooperation with non-Federal entities; and
``(4) ensure that any material received pursuant to this
title is protected from unauthorized disclosure and handled and
used only for the performance of official duties.
``SEC. 2204. INFRASTRUCTURE PROTECTION DIVISION.
``(a) Establishment.--
``(1) In general.--There is established in the Agency an
Infrastructure Protection Division.
``(2) Deputy director.--The Infrastructure Protection
Division shall be headed by a Deputy Director of Infrastructure
Protection (in this section referred to as the `Deputy
Director'), who shall 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 Deputy Director of Infrastructure
Protection.
``(b) Functions.--The Infrastructure Protection Division shall--
``(1) lead the critical infrastructure protection efforts
of the Agency;
``(2) gather and manage critical infrastructure information
and ensure that such information is available to the leadership
of the Department and critical infrastructure owners and
operators;
``(3) lead the efforts of the Department to secure the
United States high-risk chemical facilities, including the
Chemical Facilities Anti-Terrorism Standards established under
title XXI;
``(4) provide coordination and support to non-Federal
entities to reduce risk to critical infrastructure from
terrorist attack or natural disaster, including through
voluntary partnerships;
``(5) operate stakeholder engagement mechanisms for
appropriate critical infrastructure sectors, except that such
mechanisms may not duplicate any engagement and coordination
activities for cybersecurity initiatives carried out by the
National Protection and Programs Directorate, Office of
Cybersecurity and Communications Stakeholder Engagement and
Cyber Infrastructure Resilience division as of June 1, 2015;
``(6) administer the Coordinating Center established under
subsection (d);
``(7) in coordination with the Director, carry out the
consultation and collaboration required under subsection (d)(4)
of section 2202; and
``(8) carry out such other duties and powers as prescribed
by the Director.
``(c) Additional Functions.--In addition to the responsibilities
specified in subsection (b), the Deputy Director shall also--
``(1) under section 201, carry out paragraphs (1), (3),
(4), (5), (6), (8), (10), (11), (13), (14), and (22) subsection
(d) of such section;
``(2) carry out comprehensive assessments of the
vulnerabilities of critical infrastructure, 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 such
attacks and the feasibility and potential efficacy of various
countermeasures to such attacks);
``(3) recommend measures necessary to protect critical
infrastructure in coordination with other Federal entities and
in cooperation with non-Federal entities; and
``(4) ensure that any material received pursuant to this
title is protected from unauthorized disclosure and handled and
used only for the performance of official duties.
``(d) Coordinating Center.--There shall be within the
Infrastructure Protection Division a National Infrastructure
Coordinating Center which shall be headed by an Assistant Director and
be co-located with the national cybersecurity communications and
integrated center established under section 2209. The National
Infrastructure Coordinating Center shall--
``(1) collect, maintain, and share critical infrastructure
information;
``(2) evaluate critical infrastructure information for
accuracy, importance, and implications;
``(3) provide recommendations to non-Federal entities and
Department leadership;
``(4) advise the Secretary and the Director regarding
actions required before and after a critical infrastructure
incident; and
``(5) 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)) of the
Department of Homeland Security on the day before the date of
the enactment of this Act may continue to serve as the Director
of the Cybersecurity and Infrastructure Protection Agency 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
the enactment of this Act may continue to serve as the Deputy
Director of 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 the enactment of this Act may continue to
serve as the Principal Deputy Director of Cybersecurity.
(4) Assistant secretary for infrastructure protection.--The
individual serving as the Assistant Secretary for
Infrastructure Protection on the day before the date of the
enactment of this Act may continue to serve as the Deputy
Director of Infrastructure Protection.
(c) Operational Coordination.--The Director of the Cybersecurity
and Infrastructure Protection Agency of the Department of Homeland
Security shall provide, in accordance with the deadlines specified in
paragraphs (1) and (2), to the Committee on Homeland Security of the
House and the Committee on Homeland Security and Governmental Affairs
of the Senate information on the following:
(1) Not later than 90 days after the date of the enactment
of this Act, the Agency's mechanisms for regular consultation
and collaboration, including information on composition
(including leadership structure), authorities, frequency of
meetings, and visibility within the Agency.
(2) Not later than one year after the date of the enactment
of this Act, the activities of the Agency's consultation and
collaboration mechanisms and how such mechanisms have impacted
operational coordination, situational awareness, and
integration across the Agency.
(d) Conforming Amendments.--The Homeland Security Act of 2002 is
amended--
(1) in section 103(a) (6 U.S.C. 113(a))--
(A) in paragraph (1), by amending subparagraphs (H)
and (I) to read as follows:
``(H) A Director of the Cybersecurity and Infrastructure
Protection Agency.
``(I) The Administrator of the Transportation Security
Administration.''; and
(B) by amending paragraph (2) to read as follows:
``(2) Other Assistant Secretaries and Officials.--
``(A) Presidential appointments.--The Department shall have
the following officers appointed by the President:
``(i) The Principal Deputy Director of the
Cybersecurity Division under section 2203.
``(ii) The Assistant Secretary of the Office of
Public Affairs.
``(iii) The Assistant Secretary of the Office of
Legislative Affairs.
``(B) Secretarial appointments.--The Department shall have
the following Assistant Secretaries appointed by the Secretary:
``(i) The Assistant Secretary for International
Affairs under section 602.
``(ii) The Assistant Secretary for Partnership and
Engagement under section 603.
``(C) 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
Cybersecurity and Infrastructure Protection Agency Act of
2016.'';
(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; Access to Information'';
(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 heading, by striking
``and Infrastructure Protection''; and
(II) by striking ``and an Office of
Infrastructure Protection'';
(iii) in subsection (b)--
(I) in the 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 heading, by striking
``and Infrastructure Protection'';
(II) in the matter preceding
paragraph (1), by striking ``and
infrastructure protection'';
(III) by striking paragraphs (5)
and (6) and redesignating paragraphs
(7) through (25) as paragraphs (4)
through (23), respectively; and
(IV) by striking paragraph (23), as
so redesignated;
(vi) in subsection (e)(1), by striking
``and the Office of Infrastructure
Protection''; and
(vii) in subsection (f)(1), by striking
``and the Office of Infrastructure
Protection'';
(D) by redesignating sections 223 through 230 (6
U.S.C. 143-151) as sections 2205 through 2212,
respectively, and inserting such redesignated sections
after section 2204, as added by this title;
(E) by redesignating section 210E (6 U.S.C. 124) as
section 2213 and inserting such redesignated section
after section 2212; and
(F) in subtitle B, by redesignating sections 211
through 215 (6 U.S.C. 101 note through 134) as sections
2214 through 2218, respectively, and inserting such
redesignated sections, including the subtitle B
designation (including the enumerator and heading),
after section 2213;
(3) 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 new sentence: ``The Division
shall be located in the Cybersecurity
and Infrastructure Protection
Agency.''; and
(iii) in subsection (b)--
(I) in the first sentence, by
striking ``Director for'' and inserting
``Deputy Director of''; and
(II) in the second sentence, by
striking ``Assistant Secretary for
Cybersecurity and Communications'' and
inserting ``Director of the
Cybersecurity and Infrastructure
Protection Agency''; and
(III) in subsection (e)--
(aa) in the matter
preceding paragraph (1), by
striking ``Director for'' and
inserting ``Deputy Director
of'';
(bb) by redesignating
paragraphs (1) and (2) as
paragraphs (2) and (3),
respectively; and
(cc) by inserting before
paragraph (2), as so
redesignated, the following new
paragraph:
``(1) with the Director of the Cybersecurity and
Infrastructure Protection Agency to carry out the consultation
and collaboration required under subsection (d)(4) of section
2202;'';
(B) in sections 1801 through 1805 (6 U.S.C. 575),
by striking ``Director for Emergency Communications''
each place it appears and inserting ``Deputy Director
of Emergency Communications'';
(C) in section 1809 (6 U.S.C. 579)--
(i) by striking ``Director for Emergency
Communications'' each place it appears and
inserting ``Deputy Director of Emergency
Communications''; and
(ii) by striking ``Office of Emergency
Communications'' each place it appears and
inserting ``Emergency Communications
Division''; and
(D) in section 1810 (6 U.S.C. 580)--
(i) by striking ``Director'' each place it
appears and inserting ``Deputy Director'';
(ii) by striking ``Office of Emergency
Communications'' each place it appears and
inserting ``Emergency Communications
Division''; and
(iii) in subsection (a)(1), by striking
``Director of the Office of Emergency
Communications (referred to in this section as
the `Director')'' and inserting ``Deputy
Director of the Emergency Communications
Division (referred to in this section as the
`Deputy Director')'';
(4) in title XXI (6 U.S.C. 621 et seq.)--
(A) in section 2101 (6 U.S.C. 621)--
(i) by redesignating paragraphs (4) through
(14) as paragraphs (5) through (15),
respectively;
(ii) by inserting after paragraph (3) the
following new paragraph:
``(4) the term `Director' means the Director of the
Cybersecurity and Infrastructure Protection Agency;'';
(iii) by further redesignating paragraphs
(11) through (15) (as redesignated pursuant to
clause (i)) as paragraphs (12) through (16);
and
(iv) by inserting after paragraph (10) (as
redesignated pursuant to clause (i)) the
following new paragraph:
``(11) the term `Secretary' means the Secretary acting
through the Director;'';
(B) in paragraph (1) of section 2102(a) (6 U.S.C.
622(a)), by inserting at the end the following new
sentence: ``Such Programs shall be located in the
Cybersecurity and Infrastructure Protection Agency.'';
and
(C) in paragraph (2) of section 2104(c) (6 U.S.C.
624(c)), 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 the Cybersecurity and
Infrastructure Protection Agency''; and
(5) in title XXII, as added by this title--
(A) in section 2205, as so redesignated, in the
matter preceding paragraph (1), by striking ``Under
Secretary appointed under section 103(a)(1)(H)'' and
inserting ``Director of the Cybersecurity and
Infrastructure Protection Agency'';
(B) in section 2209, as so redesignated--
(i) by striking ``Under Secretary appointed
under section 103(a)(1)(H)'' each place it
appears and inserting ``Director of the
Cybersecurity and Infrastructure Protection
Agency'';
(ii) in subsection (b), by adding at the
end the following new sentences: ``The Center
shall be located in the Cybersecurity and
Infrastructure Protection Agency. The head of
the Center shall be an Assistant Director of
the Center, who shall report to the Principal
Deputy Director for Cybersecurity.''; and
(iii) in subsection (c), by striking
``Office of Emergency Communications'' and
inserting ``Emergency Communications
Division'';
(C) in section 2210, as so redesignated--
(i) by striking ``section 227'' each place
it appears and inserting ``section 2209''; and
(ii) in subsection (c), by striking ``Under
Secretary appointed under section
103(a)(1)(H)'' and inserting ``Director of the
Cybersecurity and Infrastructure Protection
Agency'';
(D) in section 2211, as so redesignated, by
striking ``section 212(5)'' and inserting ``section
2215(5)''; and
(E) in section 2212, as so redesignated, in
subsection (a)--
(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''.
(e) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended--
(1) by striking the item relating to section 210E;
(2) by striking the items relating to section 211 through
section 215, including the subtitle B designation (including
the enumerator and heading);
(3) by striking the items relating to section 223 through
section 230; and
(4) by adding at the end the following new items:
``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE PROTECTION AGENCY
``Subtitle A--Cybersecurity and Infrastructure Protection
``Sec. 2201. Definitions.
``Sec. 2202. Cybersecurity and Infrastructure Protection Agency.
``Sec. 2203. Cybersecurity Division.
``Sec. 2204. Infrastructure Protection 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. Clearances.
``Sec. 2212. Federal intrusion detection and prevention system.
``Sec. 2213. National Asset Database.
``Subtitle B--Critical Infrastructure Information
``Sec. 2214. Short title.
``Sec. 2215. Definitions.
``Sec. 2216. Designation of critical infrastructure protection program.
``Sec. 2217. Protection of voluntarily shared critical infrastructure
information.
``Sec. 2218. No private right of action.''.
SEC. 602. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341, et seq.) is amended by adding at the end the following new
section:
``SEC. 708. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
``(a) Establishment.--The Office of Biometric Identity Management
is established within the Department.
``(b) Director.--
``(1) In general.--The Office of Biometric Identity
Management shall be administered by the Director of the Office
of Biometric Identity Management (in this section referred to
as the `Director') who shall report to the Under Secretary for
Management, or to another official of the Department, as the
Under Secretary for Management may direct.
``(2) Qualifications and duties.--The Director shall--
``(A) have significant professional management
experience, as well as experience in the field of
biometrics and identity management;
``(B) lead the Department's biometric identity
services to support anti-terrorism, counter-terrorism,
border security, credentialing, national security, and
public safety, and enable operational missions across
the Department by matching, storing, sharing, and
analyzing biometric data;
``(C) deliver biometric identity information and
analysis capabilities to--
``(i) the Department and its components;
``(ii) appropriate Federal, State, local,
territorial, and tribal agencies;
``(iii) appropriate foreign governments;
and
``(iv) appropriate private sector entities;
``(D) support the law enforcement, public safety,
national security, and homeland security missions of
other Federal, State, local, territorial, and tribal
agencies, as appropriate;
``(E) establish and manage the operation and
maintenance of the Department's sole biometric
repository;
``(F) establish, manage, and operate Biometric
Support Centers to provide biometric identification and
verification analysis and services to the Department,
appropriate Federal, State, local, territorial, and
tribal agencies, appropriate foreign governments, and
appropriate private sector entities;
``(G) in collaboration with the Undersecretary for
Science and Technology, establish a Department-wide
research and development program to support efforts in
assessment, development, and exploration of biometric
advancements and emerging technologies;
``(H) oversee Department-wide standards for
biometric conformity, and work to make such standards
Government-wide;
``(I) in coordination with the Department's Office
of Policy, and in consultation with relevant component
offices and headquarters offices, enter into data
sharing agreements with appropriate Federal agencies to
support immigration, law enforcement, national
security, and public safety missions;
``(J) maximize interoperability with other Federal,
State, local, and international biometric systems, as
appropriate; and
``(K) carry out the duties and powers prescribed by
law or delegated by the Secretary.
``(c) Deputy Director.--There shall be in the Office of Biometric
Identity Management a Deputy Director, who shall assist the Director in
the management of the Office.
``(d) Chief Technology Officer.--
``(1) In general.--There shall be in the Office of
Biometric Identity Management a Chief Technology Officer.
``(2) Duties.--The Chief Technology Officer shall--
``(A) ensure compliance with policies, processes,
standards, guidelines, and procedures related to
information technology systems management, enterprise
architecture, and data management;
``(B) provide engineering and enterprise
architecture guidance and direction to the Office of
Biometric Identity Management; and
``(C) leverage emerging biometric technologies to
recommend improvements to major enterprise
applications, identify tools to optimize information
technology systems performance, and develop and promote
joint technology solutions to improve services to
enhance mission effectiveness.
``(e) Other Authorities.--
``(1) In general.--The Director may establish such other
offices within the Office of Biometric Identity Management as
the Director determines necessary to carry out the missions,
duties, functions, and authorities of the Office.
``(2) Notification.--If the Director exercises the
authority provided by paragraph (1), the Director shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before exercising such authority.''.
(b) Transfer Limitation.--The Secretary of Homeland Security may
not transfer the location or reporting structure of the Office of
Biometric Identity Management (established by section 708 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section) to any component of the Department of Homeland Security.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 707 the following new item:
``Sec. 708. Office of Biometric Identity Management.''.
SEC. 603. RULE OF CONSTRUCTION.
Nothing in this title may be construed to confer new authorities to
the Secretary of Homeland Security, including programmatic and
regulatory authorities, outside of the authorities that existed on the
day before the date of the enactment of this Act.
SEC. 604. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to carry out
this title or the amendments made by this title.
TITLE VII--STRENGTHENING CYBERSECURITY INFORMATION SHARING AND
COORDINATION IN OUR PORT
SEC. 701. IMPROVING CYBERSECURITY RISK ASSESSMENTS, INFORMATION
SHARING, AND COORDINATION.
The Secretary of Homeland Security shall--
(1) develop and implement a maritime cybersecurity risk
assessment model within 120 days after the date of the
enactment of this Act, consistent with the National Institute
of Standards and Technology Framework for Improving Critical
Infrastructure Cybersecurity and any update to that document
pursuant to Public Law 113-274, to evaluate current and future
cybersecurity risks (as that term is defined in the second
section 226 of the Homeland Security Act of 2002 (6 U.S.C.
148));
(2) evaluate, on a periodic basis but not less than once
every two years, the effectiveness of the cybersecurity risk
assessment model established under paragraph (1);
(3) seek to ensure participation of at least one
information sharing and analysis organization (as that term is
defined in section 212 of the Homeland Security Act of 2002 (6
U.S.C. 131)) representing the maritime community in the
National Cybersecurity and Communications Integration Center,
pursuant to subsection (d)(1)(B) of the second section 226 of
the Homeland Security Act of 2002 (6 U.S.C. 148);
(4) establish guidelines for voluntary reporting of
maritime-related cybersecurity risks and incidents (as such
terms are defined in the second section 226 of the Homeland
Security Act of 2002 (6 U.S.C. 148)) to the Center (as that
term is defined subsection (b) of the second section 226 of the
Homeland Security Act of 2002 (6 U.S.C. 148)), and other
appropriate Federal agencies; and
(5) request the National Maritime Security Advisory
Committee established under section 70112 of title 46, United
States Code, to report and make recommendations to the
Secretary on enhancing the sharing of information related to
cybersecurity risks and incidents between relevant Federal
agencies and State, local, and tribal governments and
consistent with the responsibilities of the Center (as that
term is defined subsection (b) of the second section 226 of the
Homeland Security Act of 2002 (6 U.S.C. 148)); relevant public
safety and emergency response agencies; relevant law
enforcement and security organizations; maritime industry; port
owners and operators; and terminal owners and operators.
SEC. 702. CYBERSECURITY ENHANCEMENTS TO MARITIME SECURITY ACTIVITIES.
The Secretary of Homeland Security, acting through the Commandant
of the Coast Guard, shall direct--
(1) each Area Maritime Security Advisory Committee
established under section 70112 of title 46, United States
Code, to facilitate the sharing of cybersecurity risks and
incidents to address port-specific cybersecurity risks, which
may include the establishment of a working group of members of
Area Maritime Security Advisory Committees to address port-
specific cybersecurity vulnerabilities; and
(2) that any area maritime security plan and facility
security plan required under section 70103 of title 46, United
States Code approved after the development of the cybersecurity
risk assessment model required by paragraph (1) of section 801
include a mitigation plan to prevent, manage, and respond to
cybersecurity risks.
SEC. 703. VULNERABILITY ASSESSMENTS AND SECURITY PLANS.
Title 46, United States Code, is amended--
(1) in section 70102(b)(1)(C), by inserting
``cybersecurity,'' after ``physical security,''; and
(2) in section 70103(c)(3)(C), by striking ``and'' after
the semicolon at the end of clause (iv), by redesignating
clause (v) as clause (vi), and by inserting after clause (iv)
the following:
``(v) prevention, management, and response to
cybersecurity risks; and''.
TITLE VIII--STRENGTHENING STATE AND LOCAL CYBER CRIME FIGHTING
SEC. 801. AUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Subtitle C of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 381 et seq.) is amended by adding at the end the
following new section:
``SEC. 822. NATIONAL COMPUTER FORENSICS INSTITUTE.
``(a) In General.--There is established in the Department a
National Computer Forensics Institute (in this section referred to as
the `Institute'), to be operated by the United States Secret Service,
for the dissemination of homeland security information related to the
investigation and prevention of cyber and electronic crime and related
threats to educate, train, and equip State, local, tribal, and
territorial law enforcement officers, prosecutors, and judges.
``(b) Functions.--The functions of the Institute shall include the
following:
``(1) Educating State, local, tribal, and territorial law
enforcement officers, prosecutors, and judges on current--
``(A) cyber and electronic crimes and related
threats;
``(B) methods for investigating cyber and
electronic crime and related threats and conducting
computer and mobile device forensic examinations; and
``(C) prosecutorial and judicial challenges related
to cyber and electronic crime and related threats, and
computer and mobile device forensic examinations.
``(2) Training State, local, tribal, and territorial law
enforcement officers to--
``(A) conduct cyber and electronic crime and
related threat investigations;
``(B) conduct computer and mobile device forensic
examinations; and
``(C) respond to network intrusion incidents.
``(3) Training State, local, tribal, and territorial law
enforcement officers, prosecutors, and judges on methods to
obtain, process, store, and admit digital evidence in court.
``(c) Principles.--In carrying out the functions under subsection
(b), the Institute shall ensure, to the extent practicable, that
timely, actionable, and relevant expertise and homeland security
information related to cyber and electronic crime and related threats
is shared with State, local, tribal, and territorial law enforcement
officers, prosecutors, and judges.
``(d) Equipment.--The Institute is authorized to provide State,
local, tribal, and territorial law enforcement officers, prosecutors,
and judges with computer equipment, hardware, software, manuals, and
tools necessary to conduct cyber and electronic crime and related
threats investigations and computer and mobile device forensic
examinations.
``(e) Electronic Crime Task Forces.--The Institute shall facilitate
the expansion of the Secret Service's network of Electronic Crime Task
Forces through the addition of task force officers of State, local,
tribal, and territorial law enforcement officers, prosecutors, and
judges educated and trained at the Institute, in addition to academia
and private sector stakeholders.
``(f) Coordination With Federal Law Enforcement Training Center.--
The Institute shall seek opportunities to coordinate with the Federal
Law Enforcement Training Center within the Department to help enhance,
to the extent practicable, the training provided by the Center to
stakeholders, including by helping to ensure that such training
reflects timely, actionable, and relevant expertise in homeland
security information related to cyber and electronic crime and related
threats.''.
(b) No Additional Funding.--No additional funds are authorized to
be appropriated to carry out this title and the amendment made by this
title. This title and such amendment shall be carried out using amounts
otherwise available for such purposes.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 821 the following new item:
``Sec. 822. National Computer Forensics Institute.''.
TITLE IX--DEPARTMENT OF HOMELAND SECURITY CBRNE DEFENSE
SEC. 901. CBRNE OFFICE.
(a) In General.--The Homeland Security Act of 2002 is amended by
adding at the end the following new title:
``TITLE XXII--CBRNE OFFICE
``Subtitle A--Chemical, Biological, Radiological, Nuclear, and
Explosives Office
``SEC. 2201. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND
EXPLOSIVES OFFICE.
``(a) Establishment.--There is established in the Department a
Chemical, Biological, Radiological, Nuclear, and Explosives Office
(referred to in this title as the `CBRNE Office'). The CBRNE Office
shall be comprised of the Chemical Division, the Biological Division,
the Nuclear Division, and the Explosives Division. The CBRNE Office may
include a Health Division.
``(b) Mission of Office.--The mission of the CBRNE Office is to
coordinate, strengthen, and provide chemical, biological, radiological,
nuclear, and explosives (CBRNE) capabilities in support of homeland
security.
``(c) Assistant Secretary.--The Office shall be headed by an
Assistant Secretary for the Chemical, Biological, Radiological,
Nuclear, and Explosives Office (referred to in this title as the
`Assistant Secretary'), who shall be appointed by the President by and
with the advice and consent of the Senate.
``(d) Responsibilities.--The Assistant Secretary shall--
``(1) develop, coordinate, and maintain overall CBRNE
strategy and policy for the Department;
``(2) develop, coordinate, and maintain for the Department
periodic CBRNE risk assessments;
``(3) serve as the primary Department representative for
coordinating CBRNE activities with other Federal departments
and agencies;
``(4) provide oversight for the Department's preparedness
for CBRNE threats;
``(5) provide support for operations during CBRNE threats
or incidents; and
``(6) carry out such other responsibilities as the
Secretary determines appropriate, consistent with this title.
``(e) Other Officers.--The Director of the Chemical Division, the
Director of the Biological Division, the Director of the Nuclear
Division, and the Director of the Explosives Division shall report
directly to the Assistant Secretary.
``SEC. 2202. COMPOSITION OF THE CBRNE OFFICE.
``The Secretary shall transfer to the CBRNE Office, the functions,
personnel, budget authority, and assets of the following:
``(1) The Office of Health Affairs as in existence on the
day before the date of the enactment of this title, including
the Chief Medical Officer authorized under section 516, and the
National Biosurveillance Integration Center authorized under
section 316.
``(2) The Domestic Nuclear Detection Office authorized
under title XIX, as in existence on the date before the date of
the enactment of this title (and redesignated as the Nuclear
Division).
``(3) CBRNE threat awareness and risk assessment activities
of the Science and Technology Directorate.
``(4) The CBRNE functions of the Office of Policy and the
Office of Operations Coordination.
``(5) The Office for Bombing Prevention of the National
Protection and Programs Directorate, as in existence on the day
before the date of the enactment of this title.
``SEC. 2203. HIRING AUTHORITY.
``In hiring personnel for the CBRNE Office, the Secretary shall
have the hiring and management authorities provided in section 1101 of
the Strom Thurmond National Defense Authorization Act for Fiscal Year
1999 (5 U.S.C. 3104 note; Public Law 105-261), except that the term of
appointments for employees under subsection (c)(1) of such section may
not exceed 5 years before granting any extension under subsection
(c)(2) of such section.
``SEC. 2204. GRANTS, COOPERATIVE AGREEMENTS, AND OTHER TRANSACTIONS AND
CONTRACTS.
``The Assistant Secretary, in carrying out the responsibilities
under this title, may distribute funds through grants, cooperative
agreements, and other transactions and contracts.
``SEC. 2205. TERRORISM RISK ASSESSMENTS.
``(a) Terrorism Risk Assessments.--
``(1) In general.--The Assistant Secretary shall, in
coordination with relevant Department components and other
appropriate Federal departments and agencies, develop,
coordinate, and update periodically terrorism risk assessments
of chemical, biological, radiological, and nuclear threats.
``(2) Comparison.--The Assistant Secretary shall develop,
coordinate, and update periodically an integrated terrorism
risk assessment that assesses all of the threats referred to in
paragraph (1) and, as appropriate, explosives threats, and
compares each such threat against one another according to
their relative risk.
``(3) Inclusion in assessment.--Each terrorism risk
assessment under this subsection shall include a description of
the methodology used for each such assessment.
``(4) Updates.--Each terrorism risk assessment under this
subsection shall be updated not less often than once every 2
years.
``(5) Provision to congress.--The Assistant Secretary shall
provide a copy of each risk assessment under this subsection to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days after
completion of each such assessment.
``(b) Methodology.--In developing the terrorism risk assessments
under subsection (a), the Assistant Secretary, in consultation with
appropriate Federal departments and agencies, shall--
``(1) assess the proposed methodology to be used for such
assessments; and
``(2) consider the evolving threat to the United States as
indicated by 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))).
``(c) Usage.--The terrorism risk assessments required under
subsection (a) shall be used to inform and guide allocation of
resources for chemical, biological, radiological, and nuclear threat
activities of the Department.
``(d) Input and Sharing.--The Assistant Secretary shall, for each
terrorism risk assessment under subsection (a)--
``(1) seek input from national stakeholders and other
Federal, State, local, tribal, and territorial officials
involved in efforts to counter chemical, biological,
radiological, and nuclear threats;
``(2) ensure that written procedures are in place to guide
the development of such assessments, including for input,
review, and implementation purposes, among relevant Federal
partners;
``(3) share such assessments with Federal, State, local,
tribal, and territorial officials with appropriate security
clearances and a need for the information in the classified
versions of such assessments; and
``(4) to the maximum extent practicable, make available an
unclassified version of such assessments for Federal, State,
local, tribal, and territorial officials involved in prevention
and preparedness for chemical, biological, radiological, and
nuclear events.
``SEC. 2206. CBRNE COMMUNICATIONS AND PUBLIC MESSAGING.
``(a) In General.--The Secretary, in coordination with the
Assistant Secretary, shall develop an overarching risk communication
strategy for terrorist attacks and other high consequence events
utilizing chemical, biological, radiological, or nuclear agents or
explosives that pose a high risk to homeland security, and shall--
``(1) develop threat-specific risk communication plans, in
coordination with appropriate Federal departments and agencies;
``(2) develop risk communication messages, including pre-
scripted messaging to the extent practicable;
``(3) develop clearly defined interagency processes and
protocols to assure coordinated risk and incident
communications and information sharing during incident
response;
``(4) engage private and nongovernmental entities in
communications planning, as appropriate;
``(5) identify ways to educate and engage the public about
CBRNE threats and consequences;
``(6) develop strategies for communicating using social and
new media; and
``(7) provide guidance on risk and incident communications
for CBRNE events to State, local, tribal, and territorial
governments, and other stakeholders, as appropriate.
``(b) Communication During Response.--The Secretary shall provide
appropriate timely, accurate information to the public, governmental
partners, the private sector, and other appropriate stakeholders in the
event of a suspected or confirmed terrorist attack or other high
consequence event utilizing chemical, biological, radiological, or
nuclear agents or explosives that pose a high risk to homeland
security.
``(c) Reports.--
``(1) Development efforts.--Not later than 120 days after
the date of the enactment of this title, the Secretary 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 current and
future efforts of the Department to develop the communication
strategy required under subsection (a).
``(2) Finalization.--Not later than 2 years after the date
the report required under paragraph (1) is submitted, the
Secretary 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
communication strategy required under subsection (a).
``SEC. 2207. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND
EXPLOSIVES INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Under Secretary 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 or explosives against the United States;
``(2) support homeland security-focused intelligence
analysis of global infectious diseases, 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) 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, nuclear, or explosives
attack;
``(5) share appropriate information regarding such threats
to appropriate State, local, tribal, and territorial
authorities, as well as other national biosecurity and
biodefense stakeholders; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Under Secretary of
Intelligence and Analysis shall coordinate with the heads of other
relevant Department components, including the Assistant Secretary,
members of the intelligence community, including the National Counter
Proliferation Center and the National Counterterrorism Center, and
other Federal, State, local, tribal, and territorial authorities,
including officials from high-threat areas, to 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) Report.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section and annually thereafter for 5
years, the Secretary 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--
``(A) the intelligence and information sharing
activities under subsections (a) and (b) and of all
relevant entities within the Department to prevent,
protect against, prepare for, respond to, mitigate, and
recover from terrorist attacks and other high
consequence events utilizing chemical, biological,
radiological, or nuclear agents or explosives that pose
a high risk to homeland security; and
``(B) the Department's activities in accordance
with relevant intelligence strategies.
``(2) Assessment of implementation.--Each report required
under paragraph (1) shall also include--
``(A) a description of methods established to
assess progress of the Office of Intelligence and
Analysis in implementing this section; and
``(B) such assessment of such progress.
``(d) Definitions.--In this section:
``(1) 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. 3003(4)).
``(2) National biosecurity and biodefense stakeholders.--
The term `national biosecurity and biodefense stakeholders'
means officials from Federal, State, local, tribal, and
territorial authorities and individuals from the private sector
who are involved in efforts to prevent, protect against,
prepare for, respond to, mitigate, and recover from a
biological attack or other phenomena that may have serious
health consequences for the United States, including infectious
disease outbreaks.''.
(b) After Action and Efficiencies Review.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Assistant Secretary for the Chemical,
Biological, Radiological, Nuclear, and Explosives Office of the
Department of Homeland Security (established pursuant to section 2201
of the Homeland Security Act of 2002, as added by subsection (a) of
this section), 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 that--
(1) reviews the functions and responsibilities of the
Chemical, Biological, Radiological, Nuclear, and Explosives
Office of the Department (established pursuant to section 2201
of the Homeland Security Act of 2002, as added by subsection
(a) of this section) to identify and eliminate areas of
unnecessary duplication;
(2) provides a detailed accounting of the management and
administrative expenditures and activities of the Office,
including expenditures related to the establishment of the
CBRNE Office, such as expenditures associated with the
utilization of the Secretary's authority to award retention
bonuses pursuant to Federal law;
(3) identifies any potential cost savings and efficiencies
within the CBRNE Office or its divisions; and
(4) identifies opportunities to enhance the effectiveness
of the management and administration of the CBRNE Office to
improve operational impact and enhance efficiencies.
(c) Chemical, Biological, Radiological, Nuclear, and Explosives
Research and Development.--
(1) In general.--The Secretary of Homeland Security shall
assess the organizational structure of the management and
execution of the Department of Homeland Security's chemical,
biological, radiological, nuclear, and explosives research and
development activities, and shall develop and submit to the
Committee on Homeland Security, the Committee on Science,
Space, and Technology, 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 at the time the President submits
the budget under section 1105 of title 31, United States Code,
for the fiscal year that follows the issuance of the
Comptroller General review required pursuant to subsection (d)
a proposed organizational structure for the management and
execution of such chemical, biological, radiological, nuclear,
and explosives research and development activities.
(2) Organizational justification.--The Secretary of
Homeland Security shall include in the assessment required
under paragraph (1) a thorough justification and
rationalization for the proposed organizational structure for
management and execution of chemical, biological, radiological,
nuclear, and explosives research and development activities,
including the following:
(A) A discussion of the methodology for determining
such proposed organizational structure.
(B) A comprehensive inventory of chemical,
biological, radiological, nuclear, and explosives
research and development activities of the Department
of Homeland Security and where each such activity will
be located within or outside such proposed
organizational structure.
(C) Information relating to how such proposed
organizational structure will facilitate and promote
coordination and requirements generation with
customers.
(D) Information relating to how such proposed
organizational structure will support the development
of chemical, biological, radiological, nuclear, and
explosives research and development priorities across
the Department.
(E) If the chemical, biological, radiological,
nuclear, and explosives research and development
activities of the Department are not co-located in such
proposed organizational structure, a justification for
such separation.
(F) The strategy for coordination between the Under
Secretary for Science and Technology and the Assistant
Secretary for the Chemical, Biological, Radiological,
Nuclear, and Explosives Office on chemical, biological,
radiological, nuclear, and explosives research and
development activities.
(G) Recommendations for necessary statutory
changes.
(3) Limitation on action.--The Secretary of Homeland
Security may not take any action to reorganize the structure
referred to in paragraph (1) unless the Secretary receives
prior authorization from 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 permitting any such action.
(d) Government Accountability Office Review of Chemical,
Biological, Radiological, Nuclear, and Explosives Research and
Development Activities.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the organizational structure
of the Department of Homeland Security's management and
execution of chemical, biological, radiological, nuclear, and
explosives research and development activities.
(2) Scope.--The review required under paragraph (1) shall
include the following:
(A) An assessment of the organizational structure
for the management and execution of chemical,
biological, radiological, nuclear, and explosives
research and development activities of the Department
of Homeland Security, including identification of any
overlap or duplication of effort.
(B) Recommendations to streamline and improve the
organizational structure of the Department's management
and execution of chemical, biological, radiological,
nuclear, and explosives research and development
activities.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall 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 on the review required under this
subsection.
(e) Dissemination of Information Analyzed by the Department of
Homeland Security to State, Local, Tribal, and Private Entities With
Responsibilities Relating to Homeland Security.--Paragraph (8) of
section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d))
is amended by striking ``and to agencies of State'' and all that
follows through the period at the end and inserting ``to State, local,
tribal, territorial, and appropriate private entities with such
responsibilities, and, as appropriate, to the public, in order to
assist in preventing, protecting against, preparing for, responding to,
mitigating, and recovering from terrorist attacks against the United
States.''.
(f) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 is amended--
(1) in paragraph (2) of section 103(a) (6 U.S.C. 113(a)),
by striking ``Assistant Secretary for Health Affairs, the
Assistant Secretary for Legislative Affairs, or the Assistant
Secretary for Public Affairs,'' and inserting ``Assistant
Secretary for Legislative Affairs or the Assistant Secretary
for Public Affairs,'';
(2) in section 302 (6 U.S.C. 182)--
(A) by redesignating paragraphs (13) and (14) as
paragraphs (14) and (15), respectively; and
(B) by inserting after paragraph (12) the following
new paragraph:
``(13) collaborating with the Assistant Secretary for the
Chemical, Biological, Radiological, Nuclear, and Explosives
Office on all chemical, biological, and explosives research and
development activities;'';
(3) in subsection (b) of section 307 (6 U.S.C. 187), by
adding at the end the following new paragraph:
``(8) CBRNE defense.--The Director shall coordinate with
the Assistant Secretary for the Chemical, Biological,
Radiological, Nuclear, and Explosives Office on all chemical,
biological, and explosives research and development
activities.''; and
(4) in subsection (c) of section 516 (6 U.S.C. 321e)--
(A) in the matter preceding paragraph (1), by
inserting ``, including the health impacts of chemical,
biological, radiological, and nuclear agents and
explosives'' after ``natural disasters'';
(B) by amending paragraph (2) to read as follows:
``(2) coordinating the Department's policy, strategy, and
preparedness for pandemics and emerging infectious diseases;'';
and
(C) in paragraph (6), by striking ``Under Secretary
for Science and Technology'' and inserting ``Assistant
Secretary for the Chemical, Biological, Radiological,
Nuclear, and Explosives Office''.
SEC. 902. CHEMICAL DIVISION.
(a) In General.--Title XXII of the Homeland Security Act of 2002,
as added by section 901 of this title, is amended by adding at the end
the following new subtitle:
``Subtitle B--Chemical Division
``SEC. 2211. CHEMICAL DIVISION.
``(a) Establishment.--There is established in the CBRNE Office a
Chemical Division, headed by a Director of the Chemical Division (in
this subtitle referred to as the `Director').
``(b) Mission and Responsibilities.--The Director shall be
responsible for coordinating departmental strategy and policy relating
to terrorist attacks and other high-consequence events utilizing
chemical agents that pose a high risk to homeland security, including
the following:
``(1) Developing and maintaining the Department's strategy
against chemical threats.
``(2) Serving as the Department representative for chemical
threats and related activities with other Federal departments
and agencies.
``(3) Providing oversight of the Department's preparedness,
including operational requirements, for chemical threats.
``(4) Enhancing the capabilities of Federal, State, local,
tribal, and territorial governments, and private entities as
appropriate, against chemical threats.
``(5) Evaluating and providing guidance to Federal, State,
local, tribal, and territorial governments, and private
entities as appropriate, on detection and communication
technology that could be effective in terrorist attacks and
other high-consequence events utilizing chemical agents.
``(6) Supporting and enhancing the effective sharing and
use of appropriate information generated by 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))), law
enforcement agencies, other Federal, State, local tribal, and
territorial governments, and foreign governments, on chemical
threats.
``SEC. 2212. DEMONSTRATION PROJECTS.
``(a) In General.--The Director may, subject to the availability of
appropriations for such purpose, partner with high-risk urban areas or
facilities to conduct demonstration projects to enhance, through
Federal, State, local, tribal, and territorial governments, and private
entities, capabilities of the United States to counter terrorist
attacks and other high-consequence events utilizing chemical agents
that pose a high risk to homeland security.
``(b) Goals.--The Director may provide guidance and evaluations for
all situations and venues at risk of terrorist attacks and other high-
consequence events utilizing chemical agents, such as at ports, areas
of mass gathering, and transit facilities, and may--
``(1) ensure all high-risk situations and venues are
studied; and
``(2) ensure key findings and best practices are made
available to State, local, tribal, and territorial governments
and the private sector.
``(c) Congressional Notification.--The Director shall notify the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
not later than 30 days before initiating a new demonstration
project.''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States 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 an assessment of the Department of Homeland Security's programs
and activities related to terrorist attacks and other high-consequence
events utilizing chemical agents that pose a high risk to homeland
security.
SEC. 903. BIOLOGICAL DIVISION.
Title XXII of the Homeland Security Act of 2002, as added by
section 901 of this title and as amended by section 902 of this title,
is further amended by adding at the end the following new subtitle:
``Subtitle C--Biological Division
``SEC. 2221. BIOLOGICAL DIVISION.
``(a) Establishment.--There is established in the CBRNE Office a
Biological Division, headed by a Director of the Biological Division
(in this subtitle referred to as the `Director').
``(b) Mission and Responsibilities.--The Office shall be
responsible for coordinating departmental strategy and policy relating
to terrorist attacks and other high-consequence events utilizing
biological agents that pose a high risk to homeland security, including
the following:
``(1) Developing and maintaining the Department's strategy
against biological threats.
``(2) Serving as the Department representative for
biological threats and related activities with other Federal
departments and agencies.
``(3) Providing oversight for the Department's
preparedness, including operational requirements, for
biological threats.
``(4) Enhancing the capabilities of Federal, State, local,
tribal, and territorial governments, and private entities as
appropriate, against biological threats.
``(5) Supporting and enhancing the effective sharing and
use of appropriate information generated by 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))), law
enforcement agencies, other Federal, State, local, tribal, and
territorial governments, and foreign governments, on biological
threats.
``(6) Achieving a biological detection program.
``(7) Maintaining the National Biosurveillance Integration
Center, authorized under section 316.''.
SEC. 904. NUCLEAR DIVISION.
(a) In General.--Title XXII of the Homeland Security Act of 2002,
as added by section 901 of this title and as amended by sections 902
and 903 of this title, is further amended by adding at the end the
following new subtitle:
``Subtitle D--Nuclear Division
``SEC. 2231. NUCLEAR DIVISION.
``(a) Establishment.--The Secretary shall include within the CBRNE
Office the Nuclear Division under title XIX, headed by the Director of
the Nuclear Division (in this subtitle referred to as the `Director')
pursuant to section 1901.
``(b) Mission and Responsibilities.--In addition to the
responsibilities specified in title XIX, the Director shall also be
responsible for coordinating departmental strategy and policy relating
to terrorist attacks and other high-consequence events utilizing
nuclear or other radiological materials, and for coordinating Federal
efforts to detect and protect against the unauthorized importation,
possession, storage, transportation, development, or use of a nuclear
explosive device, fissile material, or radiological material in the
United States, and to protect against an attack using such devices or
materials against the people, territory, or interests of the United
States, in accordance with title XIX.''.
(b) Technical and Conforming Amendments.--Title XIX of the Homeland
Security Act of 2002 is amended--
(1) in the title heading, by striking ``DOMESTIC NUCLEAR
DETECTION OFFICE'' and inserting ``NUCLEAR DIVISION'';
(2) in section 1901 (6 U.S.C. 591)--
(A) in the heading, by striking ``domestic nuclear
detection office'' and inserting ``nuclear division'';
(B) in subsection (a), by striking ``There shall be
established in the Department a Domestic Nuclear
Detection Office'' and inserting ``There is in the
Department a Nuclear Division, located in the CBRNE
Office''; and
(C) in subsection (b), by striking ``Director for
Domestic Nuclear Detection, who shall be appointed by
the President'' and inserting ``Director of the Nuclear
Division'';
(3) in subsection (a) of section 1902 (6 U.S.C. 592)--
(A) in the matter preceding paragraph (1)--
(i) by inserting after ``responsible for''
the following: ``coordinating departmental
strategy and policy relating to terrorist
attacks and other high-consequence events
utilizing nuclear or other radiological
materials, and for''; and
(ii) by striking ``to protect'' and
inserting ``protecting''; and
(B) in paragraph (11), in the matter preceding
subparagraph (A), by striking ``Domestic Nuclear
Detection Office'' and inserting ``Nuclear Division'';
(4) by repealing section 1903 (6 U.S.C. 593);
(5) in section 1906 (6 U.S.C. 596)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Domestic Nuclear
Detection'' and inserting ``the Nuclear
Division''; and
(ii) by striking ``paragraphs (6) and (7)
of''; and
(B) in paragraph (2), by striking ``paragraphs (6)
and (7) of'';
(6) in section 1907 (6 U.S.C. 596a)--
(A) by striking ``Annual'' each place it appears
and inserting ``Biennial'';
(B) by striking ``each year'' each place it appears
and inserting ``every 2 years'';
(C) by striking ``previous year'' each place it
appears and inserting ``previous 2 years'';
(D) in the heading of subsection (a), by striking
``Annual'' and inserting ``Biennial''; and
(E) subsection (b)--
(i) in the heading, by striking ``Annual''
and inserting ``Biennial'';
(ii) in paragraph (1), by inserting ``odd-
numbered'' after ``each''; and
(iii) in paragraph (2), by striking
``annual'' and inserting ``biennial''; and
(7) by adding at the end the following new section:
``SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION
ARCHITECTURE.
``In carrying out the mission of the Office under subparagraph (A)
of section 1902(a)(4), the Director of the Nuclear Division shall
provide support for planning, organization, equipment, training,
exercises, and operational assessments to Federal, State, local,
tribal, and territorial governments to assist such governments in
implementing radiological and nuclear detection capabilities in the
event of terrorist attacks or other high-consequence events utilizing
nuclear or other radiological materials that pose a high risk to
homeland security. Such capabilities shall be integrated into the
enhanced global nuclear detection architecture referred to in such
section 1902(a)(4), and shall inform and be guided by architecture
studies, technology needs, and research activities of the Office.''.
(c) Reference.--Any reference in any law, regulation, or rule to
the Domestic Nuclear Detection Office or the Director for Domestic
Nuclear Detection of the Department of Homeland Security shall be
deemed to be a reference to the Nuclear Division or the Director of the
Nuclear Division, respectively, of the Department.
SEC. 905. EXPLOSIVES DIVISION.
Title XXII of the Homeland Security Act of 2002, as added by
section 1001 of this title and as amended by sections 1002, 1003, and
1004 of this title, is further amended by adding at the end the
following new subtitle:
``Subtitle E--Explosives Division
``SEC. 2241. EXPLOSIVES DIVISION.
``(a) Establishment.--There is established within the CBRNE Office
an Explosives Division, headed by a Director of the Explosives Division
(in this subtitle referred to as the `Director').
``(b) Mission and Responsibilities.--The Director shall be
responsible for coordinating departmental strategy and policy relating
to terrorist attacks and other high-consequence events utilizing
explosives that pose a high risk to homeland security, including the
following:
``(1) Developing and maintaining the Department's strategy
against explosives threats.
``(2) Serving as the Department representative for
explosives threats and related activities with other Federal
departments and agencies.
``(3) Providing oversight of the Department's preparedness,
including operational requirements, for explosives threats.
``(4) Enhancing the capabilities of Federal, State, local,
tribal, and territorial governments, and private entities as
appropriate, to counter terrorist attacks and other high-
consequence events utilizing explosives.
``(5) Evaluating and providing guidance to Federal, State,
local, tribal, and territorial governments and appropriate
private entities on detection and communication technology that
could be effective during terrorist attacks or other high-
consequence events utilizing explosives.
``(6) Supporting and enhancing the effective sharing and
use of appropriate information generated by 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))), law
enforcement agencies, other Federal, State, local, tribal, and
territorial government agencies, and foreign governments, on
explosives threats.''.
SEC. 906. SAVINGS PROVISIONS.
Nothing in this title shall change the authority of the
Administrator of the Federal Emergency Management Agency to lead the
emergency management system of the United States. Nothing in this title
shall alter the responsibility of the Chief Medical Officer of the
Department of Homeland Security to serve as the principal advisor to
the Secretary of Homeland Security and the Administrator of the Federal
Emergency Management Agency on medical and public health issues
pursuant to paragraph (1) of section 516(c) of the Homeland Security
Act of 2002 (6 U.S.C. 321e(c)).
SEC. 907. CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 is amended--
(1) by striking the item relating to title XIX and
inserting the following new item:
``TITLE XIX--NUCLEAR DIVISION'';
(2) by striking the item relating to section 1901 and
inserting the following new item:
``Sec. 1901. Nuclear Division.'';
(3) by striking the item relating to section 1903;
(4) by adding after the item relating to section 1907 the
following new item:
``Sec. 1908. Domestic Implementation of the global nuclear detection
architecture.'';
and
(5) by adding at the end the following:
``TITLE XXII--CBRNE OFFICE
``Subtitle A--Chemical, Biological, Radiological, Nuclear, and
Explosives Office
``Sec. 2201. Chemical, Biological, Radiological, Nuclear, and
Explosives Office.
``Sec. 2202. Composition of the CBRNE Office.
``Sec. 2203. Hiring authority.
``Sec. 2204. Grants, cooperative agreements, and other transactions and
contracts.
``Sec. 2205. Terrorism risk assessments.
``Sec. 2206. CBRNE communications and public messaging.
``Sec. 2207. Chemical, biological, radiological, nuclear, and
explosives intelligence and information
sharing.
``Subtitle B--Chemical Division
``Sec. 2211. Chemical Division.
``Sec. 2212. Demonstration projects.
``Subtitle C--Biological Division
``Sec. 2221. Biological Division.
``Subtitle D--Nuclear Division
``Sec. 2231. Nuclear Division.
``Subtitle E--Explosives Division
``Sec. 2241. Explosives Division.''.
TITLE X--GAINS IN GLOBAL NUCLEAR DETECTION ARCHITECTURE
SEC. 1001. DUTIES OF THE DOMESTIC NUCLEAR DETECTION OFFICE.
Section 1902 of the Homeland Security Act of 2002 (6 U.S.C. 592) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Implementation.--In carrying out paragraph (6) of subsection
(a), the Director of the Domestic Nuclear Detection Office shall--
``(1) develop and maintain documentation, such as a
technology roadmap and strategy, that--
``(A) provides information on how the Office's
research investments align with--
``(i) gaps in the enhanced global nuclear
detection architecture, as developed pursuant
to paragraph (4) of such subsection; and
``(ii) research challenges identified by
the Director; and
``(B) defines in detail how the Office will address
such research challenges;
``(2) document the rational for prioritizing and selecting
research topics; and
``(3) develop a systematic approach, which may include
annual metrics and periodic qualitative evaluations, for
evaluating how the outcomes of the Office's individual research
projects collectively contribute to addressing the Office's
research challenges.''.
TITLE XI--UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
AUTHORIZATION
SEC. 1101. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.
(a) In General.--Section 442 of the Homeland Security Act of 2002
(6 U.S.C. 252) is amended to read as follows:
``SEC. 442. ESTABLISHMENT OF UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.
``(a) Establishment.--There is established within the Department an
agency to be known as United States Immigration and Customs
Enforcement.
``(b) Director of United States Immigration and Customs
Enforcement.--There shall be at the head of United States Immigration
and Customs Enforcement a Director of United States Immigration and
Customs Enforcement (in this section referred to as the `Director').
``(c) Duties and Qualifications.--The Director shall--
``(1) have a minimum of five years professional experience
in law enforcement, which may include law enforcement as it
relates to the immigration or customs laws, as defined by
titles 8, 18, 19, and 31, United States Code, and a minimum of
five years management experience;
``(2) enforce the immigration laws, as defined in title 8,
United States Code, and seek the removal of aliens identified
as inadmissible and deportable;
``(3) have the power to investigate and, where appropriate,
refer for prosecution, any criminal violation of Federal law
relating to or involving--
``(A) border control and security, including the
prevention of the entry or residence of terrorists,
criminals, and human rights violators;
``(B) customs, trade, fraud, false statements, or
the import or export of merchandise, including the
illicit possession, movement of, or trade in goods,
services, property, arms, instruments of terrorism,
items controlled or prohibited from export, child
exploitation, intellectual property, or monetary
instruments;
``(C) cross-border money laundering or bulk cash
smuggling;
``(D) the immigration laws, as defined in section
101(a)(17) of the Immigration and Nationality Act;
``(E) gangs or criminal syndicates engaged in
cross-border criminal activity;
``(F) chapter 40 or 44 of title 18, United States
Code, or other violation relating to firearms,
explosives, or other destructive devices involving an
alien;
``(G) trafficking in persons, as defined in section
7102 of title 22, United States Code;
``(H) the production, procurement, counterfeiting,
alteration or use of fraudulent immigration documents
or fraudulently obtaining immigration benefits;
``(I) unlawful use of personal information, when
such use relates to or affects border security,
terrorism, customs, immigration, naturalization, trade,
or transportation security; and
``(J) computer crimes, pursuant to section 1030(d)
of title 18 United States Code, in collaboration with
the United States Secret Service and the Federal Bureau
of Investigation;
``(4) coordinate, as otherwise permitted by law, with
Federal, State, local, tribal, and foreign agencies in carrying
out the duties set forth in paragraphs (2) and (3);
``(5) in coordination with the Department of State and the
Office of International Affairs of the Department, establish
staff liaison offices and vetted units in foreign countries to
support law enforcement activities that require international
cooperation, including investigations and repatriation efforts;
``(6) establish, maintain, and administer appropriate
interagency law enforcement centers in furtherance of the
Director's assigned duties, including the Centers specified in
subparagraphs (B) and (C) of subsection (f)(3); and
``(7) carry out the duties and powers prescribed by law or
delegated by the Secretary.
``(d) General Enforcement Powers.--The Director may authorize
agents and officers of United States Immigration and Customs
Enforcement to--
``(1) carry out the duties and responsibilities authorized
under section 1357 of title 8, United States Code, and section
1589a of title 19, United States Code;
``(2) seize any property, whether real or personal, that is
involved in any violation or attempted violation, or which
constitutes proceeds traceable to a violation, of those
provisions of law which United States Immigration and Customs
Enforcement is authorized to enforce;
``(3) offer and pay rewards for services and information
regarding the apprehension of persons involved in, or the
seizure and forfeiture of property associated with, the
violation or attempted violation of those provisions of law
which United States Immigration and Customs Enforcement is
authorized to enforce;
``(4) issue civil detainers for purposes of immigration
enforcement; and
``(5) conduct undercover investigative operations pursuant
to section 1363a of title 8, United States Code, and section
2081 of title 19, United States Code.
``(e) Deputy Director.--There shall be in United States Immigration
and Customs Enforcement a Deputy Director who shall assist the Director
in the management of United States Immigration and Customs Enforcement.
``(f) Office of Homeland Security Investigations.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Homeland
Security Investigations.
``(2) Executive associate director.--There shall be at the
head of the Office of Homeland Security Investigations an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Homeland Security
Investigations shall--
``(A) serve as the law enforcement office of United
States Immigration and Customs Enforcement with primary
responsibility to conduct investigations of terrorist
organizations and other criminal organizations that
threaten homeland or border security;
``(B) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to conduct investigations of criminal
violations of the immigration and customs laws, as
defined in titles 8, 18, and 19, United States Code;
``(C) identify, arrest, detain, bring removal
proceedings against and pursue the removal of aliens
who are inadmissible or deportable;
``(D) administer the program to collect information
relating to nonimmigrant foreign students and other
exchange program participants described in section 641
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including
the Student and Exchange Visitor Information System
established under such section, and use such
information to carry out the enforcement functions of
United States Immigration and Customs Enforcement;
``(E) administer a National Intellectual Property
Rights Coordination Center, which shall serve as the
primary forum within the Federal Government to
coordinate, promote, and assist Federal and
international investigations of intellectual property
offenses;
``(F) administer a National Export Enforcement
Coordination Center, which shall serve as the primary
forum within the Federal Government to coordinate,
promote, and assist Federal and international
investigations of Export Control offenses;
``(G) enforce Federal law relating to--
``(i) the unlawful employment of
unauthorized aliens, as defined in section
274A(h)(3) of the Immigration and Nationality
Act; and
``(ii) immigration and naturalization
fraud;
``(H) administer the Cyber Crimes Center, as
authorized under section 890A of the Homeland Security
Act of 2002 (6 U.S.C. 473); and
``(I) carry out other duties and powers prescribed
by the Director.
``(g) Office of Enforcement and Removal Operations.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Enforcement
and Removal Operations.
``(2) Executive associate director.--There shall be at the
head of the Office of Enforcement and Removal Operations an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Enforcement and Removal
Operations shall--
``(A) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to enforce the civil immigration and
nationality laws of the United States;
``(B) identify, locate, and arrest aliens in
custodial settings or at-large two are subject to
exclusion, deportation, or removal from the United
States;
``(C) manage the ICE administrative detention
operations and provide medical care, dental, and mental
health services to detained aliens in the custody of
the agency;
``(D) detain or release on bond, supervision, or
other appropriate condition, aliens for purposes of
exclusion, deportation, or removal from the United
States;
``(E) plan, coordinate, and manage the removal from
the United States of aliens who are subject to
exclusion, deportation, or removal from the United
States;
``(F) provide law enforcement support services to
Federal, State, and local law enforcement partner
agencies, relating to the identification, location, and
arrest of aliens subject to removal from the United
States, as well as foreign-nationals known or suspected
to be involved in criminal activity and under
investigation by these partners; and
``(G) carry out other duties and powers prescribed
by the Director.
``(h) Office of the Principal Legal Advisor.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of the Principal
Legal Advisor.
``(2) Principal legal advisor.--There shall be at the head
of the Office the Principal Legal Advisor a Principal Legal
Advisor, who, for legal matters, shall report to the General
Counsel of the Department.
``(3) Duties.--The Office of the Principal Legal Advisor
shall--
``(A) provide specialized legal advice and policy
guidance to the Director;
``(B) represent the Department in all exclusion,
deportation, and removal proceedings before the
Executive Office for Immigration Review;
``(C) represent the United States Immigration and
Customs Enforcement in matters before the Office of the
Chief Administrative Hearing Officer; and
``(D) represent the United States Immigration and
Customs Enforcement in other venues and forums as
authorized by the Director.
``(i) Office of Professional Responsibility.--
``(1) In general.--There is established in the United
States Immigration and Customs Enforcement the Office of
Professional Responsibility.
``(2) Assistant director.--There shall be at the head of
the Office of Professional Responsibility an Assistant
Director, who shall report to the Director.
``(3) Duties.--The Office of Professional Responsibility
shall--
``(A) investigate allegations of administrative,
civil, and criminal misconduct involving any employee
or contractor of United States Immigration and Customs
Enforcement, or, as delegated by the Secretary, any
employee or contractor of the Department;
``(B) inspect and review United States Immigration
and Customs Enforcement's offices, operations, and
processes, including detention facilities operated or
used by United States Immigration and Customs
Enforcement, and provide an independent review of
United States Immigration and Custom Enforcement's
organizational health, effectiveness, and efficiency of
mission; and
``(C) provide and manage the security programs and
operations for United States Immigration and Customs
Enforcement.
``(j) Office of Policy.--
``(1) In general.--There is established in United States
Immigration and Customs Enforcement the Office of Policy.
``(2) Duties.--The Office of the Policy shall--
``(A) identify and develop policies and guidance of
U.S. Immigration and Customs Enforcement;
``(B) provide policy recommendations, research and
analysis to the Director; and
``(C) coordinate policy issues with the Department,
components of the Department, and other federal, state,
and local agencies and offices.
``(k) Other Authorities.--
``(1) In general.--The Secretary may establish such other
Executive Associate Directors, Assistant Directors, agents,
officers, or other offices as the Secretary determines
necessary to carry out the missions, duties, functions, and
authorities of United States Immigration and Customs
Enforcement.
``(2) Notification.--If the Secretary exercises the
authority provided pursuant to paragraph (1), the Secretary
shall notify the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary of the Senate not later than 30
days before exercising the authority described in paragraph
(1).
``(l) Other Federal Agencies.--Nothing in this section shall be
construed to limit the existing authority of any other Federal
agency.''.
(b) Special Rules.--
(1) Treatment.--Section 442 of the Homeland Security Act of
2002, as amended by subsection (a) of this section, shall be
treated as if included in such Act as of the date of the
enactment of such Act, and, in addition to the functions,
missions, duties, and authorities specified in such amended
section 442, United States Immigration and Customs Enforcement
shall continue to perform and carry out the functions,
missions, duties, and authorities under section 442 of such Act
as in existence on the day before such date of enactment.
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding
paragraph (1), nothing in this title may be construed
as affecting in any manner any rule or regulation
issued or promulgated pursuant to any provision of law,
including section 442 of the Homeland Security Act of
2002 as in existence on the day before the date of the
enactment of this Act, and any such rule or regulation
shall continue to have full force and effect on and
after such date.
(B) Other actions.--Notwithstanding paragraph (1),
nothing in this title may be construed as affecting in
any manner any action, determination, policy, or
decision pursuant to section 442 of the Homeland
Security Act of 2002 as in existence on the day before
the date of the enactment of this Act, and any such
action, determination, policy, or decision shall
continue to have full force and effect on and after
such date.
(c) Continuation in Office.--
(1) Director.--The individual serving as Assistant
Secretary for United States Immigration and Customs Enforcement
on the day before the date of the enactment of this Act may
continue to serve as the Director of United States Immigration
and Customs Enforcement in accordance with section 442 of the
Homeland Security Act of 2002, as amended by this title until
the earlier of--
(A) the date on which such individual is no longer
eligible to serve as Director; or
(B) the date on which a person nominated by the
President to be the Director is confirmed by the Senate
in accordance with such amended section 442.
(2) Other positions.--The individuals serving as the Deputy
Director, Executive Associate Directors, Deputy Executive
Associate Directors, Assistant Directors, and other officers
and employees under section 442 of the Homeland Security Act of
2002 on the day before the date of the enactment of this Act
may serve as the appropriate Deputy Director, Executive
Associate Directors, Deputy Executive Associate Directors,
Assistant Directors, and other officers and employees under
such section 442 as amended by subsection (a) of this section
unless the Director of United States Immigration and Customs
Enforcement determines that another individual should hold such
position.
(d) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 442 and
inserting the following:
``Sec. 442. Establishment of United States Immigration and Customs
Enforcement.''.
(e) Transportation.--Section 1344(b)(6) of title 31, United States
Code, is amended by inserting ``the Director of United States
Immigration and Customs Enforcement, the Commissioner of Customs and
Border Protection,'' after ``the Administrator of the Drug Enforcement
Administration,''.
(f) Conforming Amendments.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by inserting after ``Director of the Bureau of
Citizenship and Immigration Services.'' the following new item:
``Director of United States Immigration and Customs
Enforcement.''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 is amended--
(A) in subsection (a)(2)(C) of section 451 (6
U.S.C. 271), by striking ``at the same level as the
Assistant Secretary of the Bureau of Border Security''
and inserting ``in accordance with section 5314 of
title 5, United States Code'';
(B) in subsection (c) of section 459 (6 U.S.C.
276), by striking ``Assistant Secretary of the Bureau
of Border Security'' and inserting ``Director of United
States Immigration and Customs Enforcement'';
(C) in subsection (b)(2)(A) of section 462 (6
U.S.C. 279), in the matter preceding clause (i), by
striking ``Assistant Secretary of the Bureau of Border
Security'' and inserting ``Director of United States
Immigration and Customs Enforcement'';
(D) by repealing sections, 445, and 446 (6 U.S.C.
255, and 256); and
(E) in section 1(b), by striking the items relating
to sections 445 and 446.
(3) Title 8.--Section 1357 of title 8, United States Code
is amended in section (a)(5)(B) by striking ``if the officer or
employee is performing duties relating to the enforcement of
the immigration laws at the time of thearrest and if there is a
likelihood of the person escaping before a warrant can be
obtained for his arrest''.
TITLE XII--FEDERAL LAW ENFORCEMENT TRAINING CENTERS REFORM AND
IMPROVEMENT
SEC. 1201. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
(a) Establishment.--Section 884 of the Homeland Security Act of
2002 (6 U.S.C. 464) is amended to read as follows:
``SEC. 884. FEDERAL LAW ENFORCEMENT TRAINING CENTERS.
``(a) Establishment.--The Secretary shall maintain in the
Department the Federal Law Enforcement Training Centers (FLETC), headed
by a Director, who shall report to the Secretary.
``(b) Position.--The Director shall occupy a career-reserved
position within the Senior Executive Service.
``(c) Functions of the Director.--The Director shall--
``(1) develop training goals and establish strategic and
tactical organizational program plan and priorities;
``(2) provide direction and management for FLETC's training
facilities, programs, and support activities while ensuring
that organizational program goals and priorities are executed
in an effective and efficient manner;
``(3) develop homeland security and law enforcement
training curricula, including curricula related to domestic
preparedness and response to threats or acts of terrorism, for
Federal, State, local, tribal, territorial, and international
law enforcement and security agencies and private sector
security agencies;
``(4) monitor progress toward strategic and tactical FLETC
plans regarding training curricula, including curricula related
to domestic preparedness and response to threats or acts of
terrorism, and facilities;
``(5) ensure the timely dissemination of homeland security
information as necessary to Federal, State, local, tribal,
territorial, and international law enforcement and security
agencies and the private sector to achieve the training goals
for such entities, in accordance with paragraph (1);
``(6) carry out acquisition responsibilities in a manner
that--
``(A) fully complies with--
``(i) Federal law;
``(ii) the Federal Acquisition Regulation,
including requirements regarding agency
obligations to contract only with responsible
prospective contractors; and
``(iii) Department acquisition management
directives; and
``(B) ensures that a fair proportion of Federal
contract and subcontract dollars are awarded to small
businesses, maximizes opportunities for small business
participation, and ensures, to the extent practicable,
that small businesses which achieve qualified vendor
status for security-related technologies have an
opportunity to compete for contracts for such
technologies;
``(7) coordinate and share information with the heads of
relevant components and offices on digital learning and
training resources, as appropriate;
``(8) advise the Secretary on matters relating to executive
level policy and program administration of Federal, State,
local, tribal, territorial, and international law enforcement
and security training activities and private sector security
agency training activities, including training activities
related to domestic preparedness and response to threats or
acts of terrorism;
``(9) collaborate with the Secretary and relevant officials
at other Federal departments and agencies, as appropriate, to
improve international instructional development, training, and
technical assistance provided by the Federal Government to
foreign law enforcement; and
``(10) carry out such other functions as the Secretary
determines are appropriate.
``(d) Training Responsibilities.--
``(1) In general.--The Director is authorized to provide
training to employees of Federal agencies who are engaged,
directly or indirectly, in homeland security operations or
Federal law enforcement activities, including such operations
or activities related to domestic preparedness and response to
threats or acts of terrorism. In carrying out such training,
the Director shall--
``(A) evaluate best practices of law enforcement
training methods and curriculum content to maintain
state-of-the-art expertise in adult learning
methodology;
``(B) provide expertise and technical assistance,
including on domestic preparedness and response to
threats or acts of terrorism, to Federal, State, local,
tribal, territorial, and international law enforcement
and security agencies and private sector security
agencies; and
``(C) maintain a performance evaluation process for
students.
``(2) Relationship with law enforcement agencies.--The
Director shall consult with relevant law enforcement and
security agencies in the development and delivery of FLETC's
training programs.
``(3) Training delivery locations.--The training required
under paragraph (1) may be conducted at FLETC facilities, at
appropriate off-site locations, or by distributed learning.
``(4) Strategic partnerships.--
``(A) In general.--The Director may--
``(i) execute strategic partnerships with
State and local law enforcement to provide such
law enforcement with specific training,
including maritime law enforcement training;
and
``(ii) coordinate with the Under Secretary
responsible for overseeing critical
infrastructure protection, cybersecurity, and
other related programs of the Department and
with private sector stakeholders, including
critical infrastructure owners and operators,
to provide training pertinent to improving
coordination, security, and resiliency of
critical infrastructure.
``(B) Provision of information.--The Director 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, upon
request, information on activities undertaken in the
previous year pursuant to subparagraph (A).
``(5) FLETC details to dhs.--The Director may detail
employees of FLETC to positions throughout the Department in
furtherance of improving the effectiveness and quality of
training provided by the Department and, as appropriate, the
development of critical departmental programs and initiatives.
``(6) Detail of instructors to fletc.--Partner
organizations that wish to participate in FLETC training
programs shall assign non-reimbursable detailed instructors to
FLETC for designated time periods to support all training
programs at FLETC, as appropriate. The Director shall determine
the number of detailed instructors that is proportional to the
number of training hours requested by each partner organization
scheduled by FLETC for each fiscal year. If a partner
organization is unable to provide a proportional number of
detailed instructors, such partner organization shall reimburse
FLETC for the salary equivalent for such detailed instructors,
as appropriate.
``(7) Partner organization expenses requirements.--
``(A) In general.--Partner organizations shall be
responsible for the following expenses:
``(i) Salaries, travel expenses, lodging
expenses, and miscellaneous per diem allowances
of their personnel attending training courses
at FLETC.
``(ii) Salaries and travel expenses of
instructors and support personnel involved in
conducting advanced training at FLETC for
partner organization personnel and the cost of
expendable supplies and special equipment for
such training, unless such supplies and
equipment are common to FLETC-conducted
training and have been included in FLETC's
budget for the applicable fiscal year.
``(B) Excess basic and advanced federal training.--
All hours of advanced training and hours of basic
training provided in excess of the training for which
appropriations were made available shall be paid by the
partner organizations and provided to FLETC on a
reimbursable basis in accordance with section 4104 of
title 5, United States Code.
``(8) Provision of non-federal training.--
``(A) In general.--The Director is authorized to
charge and retain fees that would pay for its actual
costs of the training for the following:
``(i) State, local, tribal, and territorial
law enforcement personnel.
``(ii) Foreign law enforcement officials,
including provision of such training at the
International Law Enforcement Academies
wherever established.
``(iii) Private sector security officers,
participants in the Federal Flight Deck Officer
program under section 44921 of title 49, United
States Code, and other appropriate private
sector individuals.
``(B) Waiver.--The Director may waive the
requirement for reimbursement of any cost under this
section and shall maintain records regarding the
reasons for any requirements so waived.
``(9) Reimbursement.--The Director is authorized to
reimburse travel or other expenses for non-Federal personnel
who attend activities related to training sponsored by FLETC,
at travel and per diem rates established by the General
Services Administration.
``(10) Student support.--In furtherance of its training
mission, the Director is authorized to provide the following
support to students:
``(A) Athletic and related activities.
``(B) Short-term medical services.
``(C) Chaplain services.
``(11) Authority to hire federal annuitants.--
``(A) In general.--Notwithstanding any other
provision of law, the Director is authorized to appoint
and maintain, as necessary, Federal annuitants who have
expert knowledge and experience to meet the training
responsibilities under this subsection.
``(B) No reduction in retirement pay.--A Federal
annuitant employed pursuant to this paragraph shall not
be subject to any reduction in pay for annuity
allocable to the period of actual employment under the
provisions of section 8344 or 8468 of title 5, United
States Code, or similar provision of any other
retirement system for employees.
``(C) Re-employed annuitants.--A Federal annuitant
employed pursuant to this paragraph shall not be
considered an employee for purposes of subchapter III
of chapter 83 or chapter 84 of title 5, United States
Code, or such other retirement system (referred to in
subparagraph (B)) as may apply.
``(D) Counting.--Federal annuitants shall be
counted on a full time equivalent basis.
``(E) Limitation.--No appointment under this
paragraph may be made which would result in the
displacement of any employee.
``(12) Travel for intermittent employees.--The Director is
authorized to reimburse intermittent Federal employees
traveling from outside a commuting distance (to be
predetermined by the Director) for travel expenses and to
compensate such employees for time spent traveling from their
homes to work sites.
``(e) On-FLETC Housing.--Notwithstanding any other provision of
law, individuals attending training at any FLETC facility shall, to the
extent practicable and in accordance with FLETC policy, reside in on-
FLETC or FLETC-provided housing.
``(f) Additional Fiscal Authorities.--In order to further the goals
and objectives of FLETC, the Director is authorized to--
``(1) expend funds for public awareness and to enhance
community support of law enforcement training, including the
advertisement of available law enforcement training programs;
``(2) accept and use gifts of property, both real and
personal, and to accept gifts of services, for purposes that
promote the functions of the Director pursuant to subsection
(c) and the training responsibilities of the Director under
subsection (d);
``(3) accept reimbursement from other Federal agencies for
the construction or renovation of training and support
facilities and the use of equipment and technology on
government owned-property;
``(4) obligate funds in anticipation of reimbursements from
agencies receiving training at FLETC, except that total
obligations at the end of a fiscal year may not exceed total
budgetary resources available at the end of such fiscal year;
``(5) in accordance with the purchasing authority provided
under section 505 of the Department of Homeland Security
Appropriations Act, 2004 (Public Law 108-90; 6 U.S.C. 453a)--
``(A) purchase employee and student uniforms; and
``(B) purchase and lease passenger motor vehicles,
including vehicles for police-type use;
``(6) provide room and board for student interns; and
``(7) expend funds each fiscal year to honor and
memorialize FLETC graduates who have died in the line of duty.
``(g) Definitions.--In this section:
``(1) Basic training.--The term `basic training' means the
entry-level training required to instill in new Federal law
enforcement personnel fundamental knowledge of criminal laws,
law enforcement and investigative techniques, laws and rules of
evidence, rules of criminal procedure, constitutional rights,
search and seizure, and related issues.
``(2) Detailed instructors.--The term `detailed
instructors' means personnel who are assigned to the Federal
Law Enforcement Training Centers for a period of time to serve
as instructors for the purpose of conducting basic and advanced
training.
``(3) Director.--The term `Director' means the Director of
the Federal Law Enforcement Training Centers.
``(4) Distributed learning.--The term `distributed
learning' means education in which students take academic
courses by accessing information and communicating with the
instructor, from various locations, on an individual basis,
over a computer network or via other technologies.
``(5) Employee.--The term `employee' has the meaning given
such term in section 2105 of title 5, United States Code.
``(6) Federal agency.--The term `Federal agency' means--
``(A) an Executive Department as defined in section
101 of title 5, United States Code;
``(B) an independent establishment as defined in
section 104 of title 5, United States Code;
``(C) a Government corporation as defined in
section 9101 of title 31, United States Code;
``(D) the Government Publishing Office;
``(E) the United States Capitol Police;
``(F) the United States Supreme Court Police; and
``(G) Government agencies with law enforcement
related duties.
``(7) Law enforcement personnel.--The term `law enforcement
personnel' means an individual, including criminal
investigators (commonly known as `agents') and uniformed police
(commonly known as `officers'), who has statutory authority to
search, seize, make arrests, or to carry firearms.
``(8) Local.--The term `local' means--
``(A) of or pertaining to any county, parish,
municipality, city, town, township, rural community,
unincorporated town or village, local public authority,
educational institution, special district, intrastate
district, council of governments (regardless of whether
the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate government entity, any agency or
instrumentality of a local government, or any other
political subdivision of a State; and
``(B) an Indian tribe or authorized tribal
organization, or in Alaska a Native village or Alaska
Regional Native Corporation.
``(9) Partner organization.--The term `partner
organization' means any Federal agency participating in FLETC's
training programs under a formal memorandum of understanding.
``(10) State.--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.
``(11) Student intern.--The term `student intern' means any
eligible baccalaureate or graduate degree student participating
in FLETC's College Intern Program.
``(h) Prohibition on New Funding.--No funds are authorized to carry
out this section. This section shall be carried out using amounts
otherwise appropriated or made available for such purpose.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by amending the item
relating to section 884 to read as follows:
``Sec. 884. Federal Law Enforcement Training Centers.''.
TITLE XIII--PREVENT TRAFFICKING IN CULTURAL PROPERTY
SEC. 1301. DEFINITION.
In this title, the term ``cultural property'' includes property
covered under--
(1) Article 1 of the Hague Convention for the Protection of
Cultural Property in the Event of Armed Conflict, adopted at
the Hague on May 14, 1954 (Treaty 13 Doc. 106-1(A)); or
(2) Article 1 of the Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export, and Transfer of
Ownership of Cultural Property, adopted by the United Nations
Educational, Scientific and Cultural Organization (``UNESCO'')
on November 14, 1970.
SEC. 1302. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) ensure the components of the Department of Homeland
Security enhance and unify efforts to--
(A) interdict, detain, seize, and investigate
cultural property illegally imported into the United
States;
(B) disrupt and dismantle smuggling and trafficking
networks and transnational criminal organizations
engaged in, conspiring to engage in, or facilitating
illegal trade in cultural property, including stolen
antiquities used to finance terrorism; and
(C) support Offices of United States Attorneys in
prosecuting persons engaged in, conspiring to engage
in, or facilitating illegal trade in cultural property;
and
(2) protect cultural property pursuant to its obligations
under the 1954 Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict, the 1970 UNESCO
Convention on the Means of Prohibiting and Preventing the
Illicit Import, Export, and Transfer of Ownership of Cultural
Property, and the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601-2613).
SEC. 1303. ACTIVITIES OF THE DEPARTMENT OF HOMELAND SECURITY.
The Commissioner of U.S. Customs and Border Protection and the
Director of U.S. Immigration and Customs Enforcement shall--
(1) designate a principal coordinator within U.S. Customs
and Border Protection and U.S. Immigration and Customs
Enforcement, respectively, to direct, manage, coordinate, and
update their respective policies and procedures, as well as
conduct interagency communications, regarding illegally
imported cultural property;
(2) update existing directives, regulations, rules, and
memoranda of understanding of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement,
respectively, and, if necessary, devise additional directives,
regulations, rules, and memoranda of understanding, relating to
policies and procedures on the illegal importation of cultural
property in order to--
(A) reflect changes in cultural property law,
including changes and updates to relevant treaties,
bilateral agreements, statutes, regulations, and case
law that occurred subsequent to Customs Directive No.
5230-015, ``Customs Directive on Detention and Seizure
of Cultural Property'', dated April 18, 1991;
(B) emphasize investigating, and providing support
for investigations and prosecutions, of persons engaged
in, conspiring to engage in, or facilitating the
illegal importation of cultural property, including
smugglers, dealers, buyers, money launderers, and any
other appropriate parties; and
(C) provide for communication and coordination
between relevant U.S. Customs and Border Protection and
U.S. Immigration and Customs Enforcement offices,
respectively, in investigating and supporting
prosecutions of persons engaged in, conspiring to
engage in, or facilitating the illegal importation of
cultural property; and
(3) ensure relevant personnel within U.S. Customs and
Border Protection and U.S. Immigration and Customs Enforcement,
respectively, receive sufficient training in--
(A) relevant cultural property laws;
(B) the identification of cultural property that is
at greatest risk of looting and trafficking; and
(C) methods of interdiction and investigative
techniques specifically related to illegal trade in
cultural property.
SEC. 1304. ROLE OF THE SMITHSONIAN INSTITUTION.
The Secretary of Homeland Security shall ensure that the heads of
all components of the Department of Homeland Security involved in
cultural property protection activities are authorized to enter into
agreements or memoranda of understanding with the Smithsonian
Institution to temporarily engage personnel from the Smithsonian
Institution for the purposes of furthering such cultural property
protection activities.
SEC. 1305. REPORT.
Not later than 1 year after the date of the enactment of this Act
and 3 years thereafter, the Commissioner of U.S. Customs and Border
Protection and the Commissioner of U.S. Immigration and Customs
Enforcement shall jointly submit to the Committee on Ways and Means and
the Committee on Homeland Security of the House of Representatives and
the Committee on Finance and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on--
(1) the progress of the implementation of this Act; and
(2) other actions to enhance and unify efforts to
interdict, detain, seize, and investigate cultural property
illegally imported into the United States, and investigate,
disrupt, and dismantle smuggling and trafficking networks
engaged in, conspiring to engage in, or facilitating the
illegal importation of cultural property.
TITLE XIV--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS REFORM AND
IMPROVEMENT
SEC. 1401. PROHIBITION ON ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this title and the amendments made by this title. This title and such
amendments shall be carried out using amounts otherwise available for
such purposes.
Subtitle A--Department of Homeland Security Headquarters
Reauthorization
SEC. 1411. DEFINITIONS.
Section 2 of the Homeland Security Act of 2002 is amended--
(1) by redesignating paragraphs (13) through (18) as
paragraphs (15) through (20);
(2) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13);
(3) by inserting after paragraph (8) the following:
``(9) 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.''; and
(4) by inserting after paragraph (13), as so redesignated,
the following:
``(14) The term `management integration and
transformation'--
``(A) means the development of consistent and
consolidated functions for information technology,
financial management, acquisition management, and human
capital management; and
``(B) includes governing processes and procedures,
management systems, personnel activities, budget and
resource planning, training, real estate management,
and provision of security, as they relate to functions
cited in subparagraph (A).''.
SEC. 1412. HEADQUARTERS COMPONENTS.
(a) In General.--Section 102 of the Homeland Security Act of 2002
(6 U.S.C. 112) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``through the Office of State and Local
Coordination (established under section 801)'' and
inserting ``through the Office of Partnership and
Engagement'';
(B) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (3), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) entering into agreements with governments of other
countries, in consultation with the Secretary of State, and
international nongovernmental organizations in order to achieve
the missions of the Department.''; and
(2) by adding at the end the following:
``(h) Headquarters.--
``(1) Components.--The Department Headquarters shall
include the following:
``(A) The Office of the Secretary.
``(B) The Office of the Deputy Secretary.
``(C) The Executive Secretariat.
``(D) The Management Directorate, including the
Office of the Chief Financial Officer.
``(E) The Office of Policy.
``(F) The Office of General Counsel.
``(G) The Office of the Chief Privacy Officer.
``(H) The Office of Civil Rights and Civil
Liberties.
``(I) The Office of Operations and Coordination and
Planning.
``(J) The Office of Intelligence and Analysis.
``(K) The Office of Legislative Affairs.
``(L) The Office of Public Affairs.
``(2) Functions.--The Secretary, through the Headquarters,
shall--
``(A) establish the Department's overall strategy
for successfully completing its mission;
``(B) establish initiatives that improve
performance Department-wide;
``(C) establish mechanisms to ensure that
components of the Department comply with Headquarters
policies and fully implement the Secretary's strategies
and initiatives and require the head of each component
of the Department and component chief officers to
comply with such policies and implement such strategies
and initiatives;
``(D) establish annual operational and management
objectives to determine the Department's performance;
``(E) ensure that the Department successfully meets
operational and management performance objectives
through conducting oversight of component agencies;
``(F) ensure that the strategies, priorities,
investments, and workforce of Department agencies align
with Department objectives;
``(G) establish and implement policies related to
Department ethics and compliance standards;
``(H) manage and encourage shared services across
Department components;
``(I) lead and coordinate interaction with Congress
and other external organizations; and
``(J) carry out other such functions as the
Secretary determines are appropriate.''.
(b) Abolishment of Director of Shared Services.--
(1) Abolishment.--The position of Director of Shared
Services is abolished.
(2) Conforming amendment.--Section 475 of the Homeland
Security Act of 2002 (6 U.S.C. 295), and the item relating to
such section in the table of contents in section 1(b) of such
Act, are repealed.
(c) Abolishment of the Office of Counternarcotics Enforcement.--
(1) Abolishment.--The Office of Counternarcotics
Enforcement is abolished.
(2) Conforming amendments.--The Homeland Security Act of
2002 is amended--
(A) by repealing section 878 (6 U.S.C. 112), and
the item relating to that section in the table of
contents in section 1(b) of such Act; and
(B) 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''.
SEC. 1413. CHIEF PRIVACY OFFICER.
(a) In General.--Section 222 of the Homeland Security Act of 2002
(6 U.S.C. 142) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``to be the Chief Privacy
Officer of the Department,'' after ``in the
Department,''; and
(ii) by striking ``, to assume'' and
inserting ``and who shall have'';
(B) by amending paragraph (6) to read as follows:
``(6) preparing a report to Congress on an annual basis
on--
``(A) activities of the Department that affect
privacy, including complaints of privacy violations,
implementation of section 554 of title 5, United States
Code (popularly known as the Privacy Act of 1974),
internal controls, and other matters; and
``(B) the number of new technology programs
implemented in the Department each fiscal year, the
number of those programs that the Chief Privacy Officer
has evaluated to ensure that privacy protections are
considered and implemented, the number of those
programs that effectively implemented privacy
protections into new technology programs, and an
explanation of why any new programs did not effectively
implement privacy protections.'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f); and
(3) by inserting after subsection (a) the following:
``(b) Additional Responsibilities.--In addition to the
responsibilities under subsection (a), the Chief Privacy Officer
shall--
``(1) develop guidance to assist components of the
Department in developing privacy policies and practices;
``(2) establish a mechanism to ensure such components are
in compliance with Federal, regulatory, statutory, and the
Department's privacy requirements, mandates, directives, and
policy;
``(3) work with the Chief Information Officer of the
Department to identify methods for managing and overseeing the
Department's records, management policies, and procedures;
``(4) work with components and offices of the Department to
ensure that information sharing activities incorporate privacy
protections;
``(5) serve as the Department's central office for managing
and processing requests related to section 552 of title 5,
United States Code, popularly known as the Freedom of
Information Act;
``(6) develop public guidance on procedures to be followed
when making requests for information under section 552 of title
5, United States Code;
``(7) oversee the management and processing of requests for
information under section 552 of title 5, United States Code,
within Department Headquarters and relevant Department
component offices;
``(8) identify and eliminate unnecessary and duplicative
actions taken by the Department in the course of processing
requests for information under section 552 of title 5, United
States Code; and
``(9) carry out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''; and
(4) by adding at the end the following:
``(g) Reassignment of Functions.--The Secretary may reassign the
functions related to managing and processing requests for information
under section 552 of title 5, United States Code, to another officer
within the Department, consistent with requirements of that section.''.
SEC. 1414. OFFICE OF POLICY.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by--
(1) redesignating section 601 as section 890B, and
transferring that section to appear immediately after section
890A; and
(2) striking the heading for title VI and inserting the
following:
``TITLE VI--POLICY AND PLANNING
``SEC. 601. OFFICE OF POLICY.
``(a) Establishment of Office.--There shall be in the Department an
Office of Policy. The Office of Policy shall be headed by an Under
Secretary for Policy, who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(b) Mission.--The mission of the Office of Policy is to lead,
conduct, and coordinate Department-wide policy, strategic planning, and
relationships with organizations or persons that are not part of the
Department.
``(c) Components of Office.--The Office of Policy shall include the
following components:
``(1) The Office of Partnership and Engagement under
section 602.
``(2) The Office of International Affairs under section
603.
``(3) The Office of Policy Implementation under section
604.
``(4) The Office of Strategy and Planning under section
605.
``(d) Responsibilities of the Under Secretary.--Subject to the
direction and control of the Secretary, the Under Secretary for Policy
shall--
``(1) serve as the principal policy advisor to the
Secretary;
``(2) coordinate with the Under Secretary for Management
and the General Counsel of the Department to ensure that
development of the Department's budget is compatible with the
priorities, strategic plans, and policies established by the
Secretary, including those priorities identified through the
Quadrennial Homeland Security Review required under section
707;
``(3) incorporate relevant feedback from, and oversee and
coordinate relationships with, organizations and other persons
that are not part of the Department to ensure effective
communication of outside stakeholders' perspectives to
components of the Department;
``(4) establish a process to ensure that organizations and
other persons that are not part of the Department can
communicate with Department components without compromising
adherence by the officials of such components to the
Department's ethics and policies;
``(5) manage and coordinate the Department's international
engagement activities;
``(6) advise, inform, and assist the Secretary on the
impact of the Department's policy, processes, and actions on
State, local, tribal, and territorial governments;
``(7) oversee the Department's engagement and development
of partnerships with nonprofit organizations and academic
institutions;
``(8) administer the Homeland Security Advisory Council and
make studies available to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate on an annual
basis; and
``(9) carry out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.
``(e) Coordination by Department Components.--
``(1) In general.--To ensure consistency with the
Secretary's policy priorities, the head of each component of
the Department shall coordinate with the Office of Policy, as
appropriate, in establishing new policies or strategic planning
guidance.
``(2) International activities.--
``(A) Foreign negotiations.--Each component of the
Department shall coordinate with the Under Secretary
for Policy plans and efforts of the component before
pursuing negotiations with foreign governments, to
ensure consistency with the Department's policy
priorities.
``(B) Notice of international travel by senior
officers.--Each component of the Department shall
notify the Under Secretary for Policy of the
international travel of senior officers of the
Department.
``(f) Assignment of Personnel.--The Secretary shall assign to the
Office of Policy permanent staff and, as appropriate and consistent
with sections 506(c)(2), 821, and 888(d), other appropriate personnel
detailed from other components of the Department to carry out the
responsibilities under this section.
``(g) Deputy Under Secretary for Policy.--
``(1) In general.--The Secretary may--
``(A) establish within the Department of Homeland
Security a position, to be called the Deputy Under
Secretary for Policy, to support the Under Secretary
for Policy in carrying out the Under Secretary's
responsibilities; and
``(B) appoint a career employee to such position.
``(2) Limitation on establishment of deputy under secretary
positions.--A Deputy Under Secretary position (or any
substantially similar position) within the Department of
Homeland Security may not be established except for the
position provided for by paragraph (1) unless the Secretary of
Homeland Security receives prior authorization from Congress.
``(3) Definitions.--For purposes of paragraph (1)--
``(A) the term `career employee' means any employee
(as that term is defined in section 2105 of title 5,
United States Code), but does not include a political
appointee; and
``(B) the term `political appointee' means any
employee who occupies a position which has been
excepted from the competitive service by reason of its
confidential, policy-determining, policy-making, or
policy-advocating character.
``SEC. 602. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
``(a) In General.--There shall be in the Office of Policy an Office
of Partnership and Engagement.
``(b) Head of Office.--The Secretary shall appoint an Assistant
Secretary for Partnership and Engagement to serve as the head of the
Office.
``(c) Responsibilities.--The Assistant Secretary for Partnership
and Engagement shall--
``(1) lead the coordination of Department-wide policies
relating to the role of State and local law enforcement in
preventing, preparing for, protecting against, and responding
to natural disasters, acts of terrorism, and other man-made
disasters within the United States;
``(2) serve as a liaison between State, local, and tribal
law enforcement agencies and the Department, including through
consultation with such agencies regarding Department programs
that may impact such agencies;
``(3) coordinate with the Office of Intelligence and
Analysis to certify the intelligence and information sharing
requirements of State, local, and tribal law enforcement
agencies are being addressed;
``(4) work with the Administrator to ensure that law
enforcement and terrorism-focused grants to State, local, and
tribal government agencies, including grants under sections
2003 and 2004, the Commercial Equipment Direct Assistance
Program, and other grants administered by the Department to
support fusion centers and law enforcement-oriented programs,
are appropriately focused on terrorism prevention activities;
``(5) coordinate with the Science and Technology
Directorate, the Federal Emergency Management Agency, the
Department of Justice, the National Institute of Justice, law
enforcement organizations, and other appropriate entities to
support the development, promulgation, and updating, as
necessary, of national voluntary consensus standards for
training and personal protective equipment to be used in a
tactical environment by law enforcement officers;
``(6) create and foster strategic communications with the
private sector to enhance the primary mission of the Department
to protect the American homeland;
``(7) advise the Secretary on the impact of the
Department's policies, regulations, processes, and actions on
the private sector;
``(8) interface with other relevant Federal agencies with
homeland security missions to assess the impact of these
agencies' actions on the private sector;
``(9) create and manage private sector advisory councils
composed of representatives of industries and associations
designated by the Secretary to--
``(A) advise the Secretary on private sector
products, applications, and solutions as they relate to
homeland security challenges;
``(B) advise the Secretary on homeland security
policies, regulations, processes, and actions that
affect the participating industries and associations;
and
``(C) advise the Secretary on private sector
preparedness issues, including effective methods for--
``(i) promoting voluntary preparedness
standards to the private sector; and
``(ii) assisting the private sector in
adopting voluntary preparedness standards;
``(10) promote existing public-private partnerships and
developing new public-private partnerships to provide for
collaboration and mutual support to address homeland security
challenges;
``(11) assist in the development and promotion of private
sector best practices to secure critical infrastructure;
``(12) provide information to the private sector regarding
voluntary preparedness standards and the business justification
for preparedness and promoting to the private sector the
adoption of voluntary preparedness standards;
``(13) coordinate industry efforts, with respect to
functions of the Department of Homeland Security, to identify
private sector resources and capabilities that could be
effective in supplementing Federal, State, and local government
agency efforts to prevent or respond to a terrorist attack;
``(14) coordinate with the Commissioner of Customs and
Border Protection and the appropriate senior official of the
Department of Commerce on issues related to the travel and
tourism industries;
``(15) coordinate the activities of the Department relating
to State and local government;
``(16) assess, and advocate for, the resources needed by
State and local governments to implement the national strategy
for combating terrorism;
``(17) provide State and local governments with regular
information, research, and technical support to assist local
efforts at securing the homeland;
``(18) develop a process for receiving meaningful input
from State and local governments to assist the development of
the national strategy for combating terrorism and other
homeland security activities; and
``(19) perform such other functions as are established by
law or delegated to such Assistant Secretary by the Under
Secretary for Policy.
``SEC. 603. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) In General.--There shall be in the Office of Policy an Office
of International Affairs.
``(b) Head of Office.--The Secretary shall appoint an Assistant
Secretary for International Affairs to serve as the head of the Office
and as the chief diplomatic officer of the Department.
``(c) Functions.--
``(1) In general.--The Assistant Secretary for
International Affairs shall--
``(A) coordinate international activities within
the Department, including activities carried out by the
components of the Department, in consultation with
other Federal officials with responsibility for
counterterrorism and homeland security matters;
``(B) advise, inform, and assist the Secretary with
respect to the development and implementation of
Departmental policy priorities, including strategic
priorities for the deployment of assets, including
personnel, outside the United States;
``(C) develop, in consultation with the Under
Secretary for Management, guidance for selecting,
assigning, training, and monitoring overseas
deployments of Department personnel, including minimum
standards for predeployment training;
``(D) develop and update, in coordination with all
components of the Department engaged in international
activities, a strategic plan for the international
activities of the Department, establish a process for
managing its implementation, and establish mechanisms
to monitor the alignment between assets, including
personnel, deployed by the Department outside the
United States and the plan required by this
subparagraph;
``(E) develop and distribute guidance on Department
policy priorities for overseas activities to personnel
deployed overseas, that, at a minimum, sets forth the
regional and national priorities being advanced by
their deployment, and establish mechanisms to foster
better coordination of Department personnel, programs,
and activities deployed outside the United States;
``(F) maintain awareness regarding the
international travel of senior officers of the
Department and their intent to pursue negotiations with
foreign government officials, and review resulting
draft agreements;
``(G) develop, in consultation with the components
of the Department, including, as appropriate, with the
Under Secretary for the Science and Technology
Directorate, programs to support the overseas programs
conducted by the Department, including training,
technical assistance, and equipment to ensure that
Department personnel deployed abroad have proper
resources and receive adequate and timely support;
``(H) conduct the exchange of homeland security
information, in consultation with the Under Secretary
of the Office of Intelligence and Analysis, and best
practices relating to homeland security with foreign
nations that, in the determination of the Secretary,
reciprocate the sharing of such information in a
substantially similar manner;
``(I) submit information to the Under Secretary for
Policy for oversight purposes, including preparation of
the quadrennial homeland security review and on the
status of overseas activities, including training and
technical assistance and information exchange
activities and the Department's resources dedicated to
these activities;
``(J) promote, when appropriate, and oversee the
exchange of education, training, and information with
nations friendly to the United States in order to share
best practices relating to homeland security; and
``(K) perform such other functions as are
established by law or delegated by the Under Secretary
for Policy.
``(2) Inventory of assets deployed abroad.--For each fiscal
year, the Assistant Secretary for International Affairs, in
coordination with the Under Secretary for Management, 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 with the annual budget
request for the Department, an annual accounting of all assets
of the Department, including personnel, deployed outside the
United States on behalf of the Department.
``(3) Standardized framework for cost data.--The Assistant
Secretary for International Affairs shall utilize a
standardized framework to collect and maintain comparable cost
data for all assets of the Department, including personnel,
deployed outside the United States to prepare the annual
accounting required by paragraph (2).
``(4) Exclusions.--This subsection does not apply to
international activities related to the protective mission of
the United States Secret Service, or to the Coast Guard when
operating under the direct authority of the Secretary of
Defense or the Secretary of the Navy.
``SEC. 604. OFFICE OF POLICY IMPLEMENTATION.
``(a) In General.--There shall be in the Office of Policy an Office
of Policy Implementation.
``(b) Head of Office.--The Secretary shall appoint a Director of
the Office of Policy Implementation to serve as the head of the Office.
``(c) Responsibilities.--The Director of the Office of Policy
Implementation shall lead, conduct, coordinate, and provide overall
direction and supervision of Department-wide policy development for the
programs, offices, and activities of the Department, in consultation
with relevant officials of the Department, to ensure quality,
consistency, and integration across the Department, as appropriate.
``SEC. 605. OFFICE OF STRATEGY AND PLANNING.
``(a) In General.--There shall be in the Office of Policy of the
Department an Office of Strategy and Planning.
``(b) Head of Office.--The Secretary shall appoint a Director of
the Office of Strategy and Planning who shall serve as the head of the
Office.
``(c) Responsibilities.--The Director of the Office of Strategy and
Planning shall--
``(1) lead and conduct long-term Department-wide strategic
planning, including the Quadrennial Homeland Security Review
and planning guidance for the Department, and translate the
Department's statutory responsibilities, strategic plans, and
long-term goals into risk-based policies and procedures that
improve operational effectiveness; and
``(2) develop strategies to address unconventional threats
to the homeland.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended--
(1) by striking the items relating to title VI and
inserting the following:
``TITLE VI--POLICY AND PLANNING
``Sec. 601. Office of Policy.
``Sec. 602. Office of Partnership and Engagement.
``Sec. 603. Office of International Affairs.
``Sec. 604. Office of Policy Implementation.
``Sec. 605. Office of Strategy and Planning.''.
(2) by inserting after the item relating to section 890A
the following:
``Sec. 890B. Treatment of charitable trusts for members of the Armed
Forces of the United States and other
governmental organizations.''.
(c) Appointment of Under Secretary for Policy; Continuation of
Service of Assistant Secretary.--
(1) Time of appointment.--The President may appoint an
Under Secretary for Policy under section 601 of the Homeland
Security Act of 2002, as amended by this title, only on or
after January 20, 2017.
(2) Head of office pending appointment.--The individual
serving as the Assistant Secretary for Policy of the Department
of Homeland Security on the date of the enactment of this Act,
or their successor, may continue to serve as an Assistant
Secretary and as the head of the Office of Policy established
by such section, until the date on which the Under Secretary
for Policy is appointed under such section in accordance with
paragraph (1).
(d) Appointment of Assistant Secretary for International Affairs;
Abolishment of Existing Office.--
(1) Time of appointment.--The Secretary of Homeland
Security may appoint an Assistant Secretary for International
Affairs under section 602 of the Homeland Security Act of 2002,
as amended by this title, only on or after January 20, 2017.
(2) Head of office pending appointment.--The individual
serving as the Assistant Secretary for International Affairs of
the Department of Homeland Security on the date of the
enactment of this Act, or their successor, may continue to
serve as a Deputy Assistant Secretary and as the head of the
Office of International Affairs established by such section,
until the date the Under Secretary for Policy is appointed
under such section in accordance with paragraph (1).
(3) Abolishment of existing office.--
(A) In general.--The Office of International
Affairs within the Office of the Secretary is
abolished.
(B) Transfer of assets and personnel.--The assets
and personnel associated with such Office are
transferred to the head of the Office of International
Affairs provided for by section 603 of the Homeland
Security Act of 2002, as amended by this title.
(C) Conforming amendment.--Subsection 879 of the
Homeland Security Act of 2002 (6 U.S.C. 459), and the
item relating to such section in section 1(b) of such
Act, are repealed.
(e) Abolishment of Office for State and Local Law Enforcement.--
(1) In general.--The Office for State and Local Law
Enforcement of the Department of Homeland Security is
abolished.
(2) Transfer of functions, assets, and personnel.--The
functions authorized to be performed by such office immediately
before the enactment of this Act, and the assets and personnel
associated with such functions, are transferred to the head of
the Office of Partnership and Engagement provided for by
section 602 of the Homeland Security Act of 2002, as amended by
this title.
(3) Conforming amendment.--Subsection (b) of section 2006
of the Homeland Security Act of 2002 (6 U.S.C. 607) is
repealed.
(f) Abolishment of Office for State and Local Government
Coordination.--
(1) In general.--The Office for State and Local Government
Coordination of the Department of Homeland Security is
abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by such office immediately before
the enactment of this Act, and the assets and personnel
associated with such functions, are transferred to the head of
Office of Partnership and Engagement provided for by section
602 of the Homeland Security Act of 2002, as amended by this
title.
(3) Conforming amendments.--Section 801 of the Homeland
Security Act of 2002 (6 U.S.C. 631), and the item relating to
that section in the table of contents in section 1(b) of such
Act, are repealed.
(g) Abolishment of Special Assistant to the Secretary.--
(1) In general.--The Special Assistant to the Secretary
authorized by section 102(f) of the Homeland Security Act of
2002 (6 U.S.C. 112(f)), as in effect immediately before the
enactment of this Act, is abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by such Special Assistant to the
Secretary immediately before the enactment of this Act, and the
assets and personnel associated with such functions, are
transferred to the head of the Office of Partnership and
Engagement provided for by section 602 of the Homeland Security
Act of 2002, as amended by this title.
(3) Conforming amendment.--Section 102(f) of the Homeland
Security Act of 2002 (6 U.S.C. 112(f)) is repealed.
(h) 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 paragraph (1), by striking subparagraph (I) and
redesignating subparagraph (J) as subparagraph (I); and
(2) by amending paragraph (2) to read as follows:
``(2) Assistant secretaries.--
``(A) Advice and consent appointments.--The
Department shall have the following Assistant
Secretaries appointed by the President, by and with the
advice and consent of the Senate:
``(i) The Assistant Secretary, U.S.
Immigration and Customs Enforcement.
``(ii) The Assistant Secretary,
Transportation Security Administration.
``(B) Other presidential appointments.--The
Department shall have the following Assistant
Secretaries appointed by the President:
``(i) The Assistant Secretary,
Infrastructure Protection.
``(ii) The Assistant Secretary, Office of
Public Affairs.
``(iii) The Assistant Secretary, Office of
Legislative Affairs.
``(C) Secretarial appointments.--The Department
shall have the following Assistant Secretaries
appointed by the Secretary:
``(i) The Assistant Secretary, Office of
Cybersecurity and Communications.
``(ii) The Assistant Secretary for
International Affairs under section 602.
``(iii) The Assistant Secretary for
Partnership and Engagement under section 603.
``(D) 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 Headquarters
Reform and Improvement Act of 2015.''.
(i) Homeland Security Advisory Council.--Section 102(b) of the
Homeland Security Act of 2002 (6 U.S.C. 112(b)) is amended by striking
``and'' after the semicolon at the end of paragraph (2), striking the
period at the end of paragraph (3) and inserting ``; and'', and adding
at the end the following:
``(4) shall establish a Homeland Security Advisory Council
to provide advice and recommendations on homeland-security-
related matters.''.
(j) Prohibition on New Offices.--No new office may be created to
perform functions transferred by this section, other than as provided
in section 601 of the Homeland Security Act of 2002, as amended by this
title, unless the Secretary of Homeland Security receives prior
authorization from Congress permitting such change.
(k) Definitions.--In this section each of the terms ``functions'',
``assets'', and ``personnel'' has the meaning that term has under
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(l) Duplication Review.--The Secretary of Homeland Security shall--
(1) within 1 year after the date of the enactment of this
Act, complete a review of the international affairs offices,
functions, and responsibilities of the components of the
Department of Homeland Security, to identify and eliminate
areas of unnecessary duplication; and
(2) within 30 days after the completion of such review,
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.
SEC. 1415. QUADRENNIAL HOMELAND SECURITY REVIEW.
Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is
amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Review required.--In fiscal year 2017, and every 4
years thereafter, the Secretary shall conduct a review of the
homeland security of the Nation (in this section referred to as
a `quadrennial homeland security review'). Such review shall be
conducted so that it is completed, and the report under
subsection (c) is issued, by no later than December 31, 2017,
and by December 31 of every fourth year thereafter.''; and
(B) in paragraph (3) by striking ``The Secretary
shall conduct each quadrennial homeland security review
under this subsection in consultation with'' and
inserting ``In order to ensure that each quadrennial
homeland security review conducted under this section
is coordinated with the quadrennial defense review
conducted by the Secretary of Defense under section 118
of title 10, United States Code, and any other major
strategic review relating to diplomacy, intelligence,
or other national security issues, the Secretary shall
conduct and obtain information and feedback from
entities of the homeland security enterprise through'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (6), by striking the period and
inserting ``; and''; and
(C) by adding after paragraph (6) the following:
``(7) leverage analytical tools and resources developed as
part of the quadrennial homeland security review to support the
Department's ongoing programs and missions.'';
(3) in subsection (c)(2)--
(A) by striking ``and'' after the semicolon at the
end of subparagraph (H);
(B) by redesignating subparagraph (I) as
subparagraph (L); and
(C) by inserting after subparagraph (H) the
following:
``(I) a description of how the conclusions under
the quadrennial homeland security review will inform
efforts to develop capabilities and build capacity of
States, local governments, Indian tribes, and private
entities, and of individuals, families, and
communities;
``(J) as appropriate, proposed changes to the
authorities, organization, governance structure, or
business processes (including acquisition processes) of
the Department in order to better fulfill
responsibilities of the Department;
``(K) where appropriate, a classified annex,
including materials prepared pursuant to section 306 of
title 5, United States Code, relating to the
preparation of an agency strategic plan, to satisfy, in
whole or in part, the reporting requirements of this
paragraph; and''.
SEC. 1416. FUTURE YEARS HOMELAND SECURITY PROGRAM.
Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Not later than the 30 days following the date of
each fiscal year 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 of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a Future Years Homeland Security
Program that provides detailed estimates of the projected expenditures
and corresponding requests for appropriations included in that budget.
The Future Years Homeland Security Program shall cover the fiscal year
for which the budget is submitted and the 4 succeeding fiscal years.'';
and
(2) by adding at the end the following:
``(d) Consistency of Budget Request With Estimates.--For each
fiscal year, the Secretary shall ensure that the projected amounts
specified in program and budget information for the Department
submitted to Congress in support of the President's budget request are
consistent with the estimated expenditures and proposed appropriations
necessary to support the programs, projects, and activities of the
Department included in the budget pursuant to section 1105(a)(5) of
title 31, United States Code.
``(e) Explanation of Alignment With Strategies and Plans.--Together
with the detailed estimates of the projected expenditures and
corresponding requests for appropriations submitted for the Future
Years Homeland Security Program, the Secretary shall provide an
explanation of how those estimates and requests align with the homeland
security strategies and plans developed and updated as appropriate by
the Secretary. Such explanation shall include an evaluation of the
organization, organizational structure, governance structure, and
business processes (including acquisition processes) of the Department,
to ensure that the Department is able to meet its responsibilities.
``(f) Projection of Acquisition Estimates.--Each Future Years
Homeland Security Program shall project--
``(1) acquisition estimates for a period of 5 fiscal years,
with specified estimates for each fiscal year, for major
acquisition programs by the Department and each component
therein, including modernization and sustainment expenses; and
``(2) estimated annual deployment schedules for major
acquisition programs over the 5-fiscal-year period.
``(g) Contingency Amounts.--Nothing in this section shall be
construed as prohibiting the inclusion in the Future Years Homeland
Security Program of amounts for management contingencies, subject to
the requirements of subsection (b).
``(h) Classified or Sensitive Annex.--The Secretary may include
with each submission under this section a classified or sensitive annex
containing any information required to be submitted under this section
that is restricted from public disclosure in accordance with Federal
law, including information that is determined to be Sensitive Security
Information under section 537 of the Department of Homeland Security
Appropriations Act, 2006 (6 U.S.C. 114) to Congress in a classified or
sensitive annex.
``(i) Availability of Information to the Public.--The Secretary
shall make available to the public in electronic form the information
required to be submitted to Congress under this section, other than
information described in subsection (h).''.
SEC. 1417. MANAGEMENT AND EXECUTION.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Subject to the direction and control of the
Secretary, the Under Secretary for Management shall serve as the
following:
``(1) The Chief Management Officer for all matters related
to the management and administration of the Department in
support of homeland security operations and programs. With
regard to the management functions for which the Under
Secretary has responsibility by law or by direction of the
Secretary, the Under Secretary for Management takes precedence
in the Department after the Secretary and the Deputy Secretary
of Homeland Security.
``(2) The senior official with the authority to administer,
implement, and direct management integration and transformation
across functional disciplines of the Department, including--
``(A) information technology, financial management,
acquisition management, and human capital management of
the Department to improve program efficiency and
effectiveness;
``(B) ensure compliance with laws, rules,
regulations, and the Department's policies;
``(C) conduct regular oversight; and
``(D) prevent unnecessary duplication of programs
in the Department.
``(b) Responsibilities.--In addition to responsibilities designated
by the Secretary or otherwise established by law, the Under Secretary
for Management shall be responsible for performing, or delegating
responsibility for performing, the following activities of the
Department:
``(1) Development of the budget, management of
appropriations, expenditures of funds, accounting, and finance.
``(2) Acquisition and procurement activities under section
701(d).
``(3) Human resources and personnel.
``(4) Information technology and communication systems, in
consultation with the Under Secretary for Intelligence and
Analysis, as appropriate.
``(5) Facilities, property, equipment, and other material
resources.
``(6) Real property and personal property.
``(7) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
``(8) Strategic management planning, annual performance
planning, and identification and tracking of performance
measures relating to the responsibilities of the Department,
including such responsibilities under section 306 of title 5,
United States Code.
``(9) Oversight of grants and other assistance management
programs to ensure proper administration.
``(10) Management integration and transformation within
each functional management discipline of the Department,
including information technology, financial management,
acquisition management, and human capital management, and the
transition process, to ensure an efficient and orderly
consolidation of functions and personnel in the Department and
transition, including the--
``(A) development of coordinated data sources and
connectivity of information systems to the greatest
extent practical to enhance program visibility and
transparency;
``(B) development of standardized, automated, and
real-time management information to uniformly manage
and oversee programs, and make informed decisions to
improve the efficiency of the Department;
``(C) development of effective program management
and regular oversight mechanisms, including clear roles
and processes for program governance, sharing of best
practices, and access to timely, reliable, and analyzed
data on all acquisitions and investments;
``(D) implementation of mechanisms to promote
accountability for management integration among
Department and component chief officers;
``(E) integration of financial management systems
within and across the Department to ensure financial
transparency, support daily operational and financial
decisionmaking, and maintain consecutive unqualified
opinions for all financial statements, including the
responsibility to review, approve, and oversee the
planning, design, acquisition, deployment, operation,
maintenance, and modernization of business systems;
``(F) integration of human resource management
systems within and across the Department to track and
record information (including attrition rates,
knowledge, skills, and abilities critical for workforce
planning, identifying current and future human capital
needs, including recruitment efforts and improving
employee morale), including the responsibility to
review, approve, and oversee the planning, design,
acquisition, deployment, operation, maintenance, and
modernization of business systems;
``(G) development of a management integration
strategy for the Department and its components to be
submitted annually with the President's budget to
ensure that management of the Department is
strengthened in the areas of human capital,
acquisition, information technology, and financial
management, which shall include--
``(i) short- and long-term objectives to
effectively guide implementation of
interoperable business systems solutions;
``(ii) issuance of guidance and action
plans with dates, specific actions, and costs
for implementing management integration and
transformation of common functional disciplines
across the Department and its components;
``(iii) specific operational and tactical
goals, activities, and timelines needed to
accomplish the integration effort;
``(iv) performance measures to monitor and
validate corrective measures;
``(v) efforts to identify resources needed
to achieve key actions and outcomes;
``(vi) other issues impeding management
integration;
``(vii) reporting to the Government
Accountability Office twice annually to
demonstrate measurable, sustainable progress
made in implementing the Department's
corrective action plans and achieving key
outcomes, including regarding--
``(I) leadership commitment;
``(II) capacity building; and
``(III) continuous monitoring to
address Government Accountability
Office designations of programs at high
risk for waste, fraud, and abuse,
including with respect to strengthening
management functions;
``(viii) review and approve any major
update to the Department's strategy related to
management integration and transformation
across functional disciplines and lines of
business, including any business systems
modernization plans to maximize benefits and
minimize costs for the Department; and
``(ix) before December 1 of each year in
which a Presidential election is held, the
development of a transition and succession plan
to guide the transition of Department functions
to a new Presidential administration, and
making such plan available to the next
Secretary and Under Secretary for Management
and to the homeland security congressional
committees.
``(H) Oversight, including the conduct of internal
audits and management analyses, of the programs and
activities of the Department. Such supervision includes
establishing oversight procedures to ensure a full and
effective review of the efforts by Department
components to implement policies and procedures of the
Department for management integration and
transformation.
``(I) Any other management duties that the
Secretary may designate.''.
SEC. 1418. CHIEF FINANCIAL OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended by redesignating subsections (b) and (c) as subsections (c) and
(d), respectively, and by inserting after subsection (a) the following:
``(b) Responsibilities.--Notwithstanding sections 901 and 1122 of
title 31, United States Code, the Chief Financial Officer, in
consultation with the Under Secretary for Management and the Under
Secretary for Intelligence and Analysis, as appropriate, shall--
``(1) lead cost-estimating practices for the Department,
including the development of the Department's policy on cost
estimating and approval of life cycle cost estimates;
``(2) oversee coordination with the Office of Policy on the
Department's long-term strategic planning to ensure that the
development of the Department's budget is compatible with the
priorities, strategic plans, and policies established by the
Secretary;
``(3) develop and oversee the Department's financial
management policy;
``(4) provide guidance for and over financial system
modernization efforts throughout the Department;
``(5) establish effective internal controls over financial
reporting systems and processes throughout the Department;
``(6) lead assessments of internal controls related to the
Department's financial management systems and review financial
processes to ensure that internal controls are designed
properly and operate effectively;
``(7) lead the Department's efforts related to financial
oversight, including identifying ways to streamline and
standardize business processes;
``(8) 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;
``(9) ensure that Department components' senior financial
officers certify that their major acquisition programs have
adequate resources to execute their programs through the 5-year
future years homeland security program period, so that the
Department's funding requirements for major acquisition
programs match expected resources;
``(10) ensure that components identify and report all
expected costs of acquisition programs to the Chief Financial
Officer of the Department;
``(11) oversee Department budget formulation and execution;
``(12) fully implement a common accounting structure to be
used across the entire Department by fiscal year 2019; and
``(13) track, approve, oversee, and make public information
on expenditures by components of the Department for
conferences, as appropriate, including by requiring each
component of the Department to--
``(A) report to the Inspector General of the
Department the expenditures by the component for each
conference hosted or attended by Department employees
for which the total expenditures of the Department
exceed $20,000, within 15 days after the date of the
conference; and
``(B) with respect to such expenditures, provide to
the Inspector General--
``(i) the information described in
subsections (a), (b), and (c) of section 739 of
Public Law 113-235; and
``(ii) documentation of such
expenditures.''.
SEC. 1419. CHIEF PROCUREMENT OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is further amended by adding at the end the
following:
``SEC. 708. CHIEF PROCUREMENT OFFICER.
``(a) In General.--There is a Chief Procurement Officer of the
Department, who shall report directly to the Under Secretary for
Management. The Chief Procurement Officer is the senior procurement
executive for purposes of section 1702(c) of title 41 United States
Code, and shall perform procurement functions as specified in such
section. The Chief Procurement Officer also shall perform other
functions and responsibilities set forth in this section and as may be
assigned by the Under Secretary for Management.
``(b) Responsibilities.--The Chief Procurement Officer shall--
``(1) exercise leadership and authority to the extent
delegated by the Under Secretary for Management over the
Department's procurement function;
``(2) issue procurement policies, and shall serve as a
senior business advisor to agency officials on acquisition-
related matters, including policy and workforce matters, as
determined by the Under Secretary for Management;
``(3) account for the integrity, performance, and oversight
of Department procurement and contracting functions and be
responsible for ensuring that a procurement's contracting
strategy and plans are consistent with the intent and direction
of the Acquisition Review Board;
``(4) serve as the Department's main liaison to industry on
procurement-related issues;
``(5) oversee a centralized certification and training
program, in consultation with the Under Secretary for
Management, for the entire Department acquisition workforce
while using, to the greatest extent practicable, best practices
and acquisition training opportunities already in existence
within the Federal Government, the private sector, or
universities and colleges, as appropriate, and including
training on how best to identify actions that warrant referrals
for suspension or debarment;
``(6) delegate or retain contracting authority, as
appropriate;
``(7) provide input on the periodic performance reviews of
each head of contracting activity of the Department;
``(8) collect baseline data and use such data to establish
performance measures on the impact of strategic sourcing
initiatives on the private sector, including, in particular,
small businesses;
``(9) ensure that a fair proportion (as defined pursuant to
the Small Business Act (15 U.S.C. 631 et seq.)) of Federal
contract and subcontract dollars are awarded to small
businesses, maximize opportunities for small business
participation, and ensure, to the extent practicable, small
businesses that achieve qualified vendor status for security-
related technologies are provided an opportunity to compete for
contracts for such technology; and
``(10) conduct oversight of implementation of
administrative agreements to resolve suspension or debarment
proceedings and, upon request, provide information to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate about the effectiveness of such agreements at
improving contractor responsibility.
``(c) Head of Contracting Activity Defined.--In this section the
term `head of contracting activity' means each official responsible 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
such Act is further amended by adding at the end of the items relating
to such title the following:
``Sec. 708. Chief Procurement Officer.''.
SEC. 1420. 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), by adding at the end the following:
``In addition to the functions under section 3506(a)(2) of
title 44, United States Code, the Chief Information Officer
shall perform the functions set forth in this section and such
other functions as may be assigned by the Secretary.'';
(2) by redesignating subsection (b) as subsection (e); and
(3) by inserting after subsection (a) the following:
``(b) Responsibilities.--In addition to the functions under section
3506 of title 44, United States Code, the Chief Information Officer, in
consultation with the Under Secretary for Management, shall--
``(1) advise and assist the Secretary, heads of the
components of the Department, and other senior officers in
carrying out the responsibilities of the Department for all
activities relating to the budgets, programs, and operations of
the information technology functions of the Department;
``(2) to the extent delegated by the Secretary--
``(A) exercise leadership and authority over
Department information technology management; and
``(B) establish the information technology
priorities, policies, processes, standards, guidelines,
and procedures of the Department to ensure
interoperability and standardization of information
technology;
``(3) serve as the lead technical authority for information
technology programs;
``(4) maintain a consolidated inventory of the Department's
mission critical and mission essential information systems, and
develop and maintain contingency plans for responding to a
disruption in the operation of any of those information
systems;
``(5) maintain the security, visibility, reliability,
integrity, and availability of data and information technology
of the Department including the security of the Homeland
Security Data Network;
``(6) in coordination with relevant officials of the
Department, ensure that the Department is in compliance with
subchapter II of chapter 35 of title 44, United States Code;
``(7) establish policies and procedures to effectively
monitor and manage vulnerabilities in the supply chain for
purchases of information technology;
``(8) in coordination with relevant officials of the
Department, ensure Department compliance with Homeland Security
Presidential Directive 12;
``(9) in coordination with relevant officials of the
Department, ensure that information technology systems of the
Department meet the standards established under the information
sharing environment, as defined in section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485);
``(10) develop measures to monitor the performance of
Department components' use and implementation of information
technology systems and consistently monitor such performance to
ensure that such systems are used effectively;
``(11) ensure that Department components report to the
Chief Information Officer of the Department a complete
inventory of information systems and fully adhere to Department
guidance related to information technology;
``(12) carry out any other responsibilities delegated by
the Secretary consistent with an effective information system
management function; and
``(13) carry out authorities over Department information
technology consistent with section 113419 of title 40, United
States Code.
``(c) Strategic Plans.--In coordination with the Chief Financial
Officer, the Chief Information Officer shall 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--
``(1) how the information technology strategic plans
developed under this subsection are used to help inform the
Department's budget process;
``(2) how the Department's budget aligns with priorities
specified in the information technology strategic plans;
``(3) in cases in which it is not possible to fund all
information technology strategic plan activities for a given
fiscal year, the rationale as to why certain activities are not
being funded in lieu of higher priorities;
``(4) what decisionmaking process was used to arrive at
these priorities and the role of Department components in that
process; and
``(5) examine the extent to which unnecessary duplicate
information technology within and across the components of the
Department has been eliminated.
``(d) Software Licensing.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the DHS Headquarters Reform and Improvement
Act of 2015, and every 2 years thereafter until 2020, the Chief
Information Officer, in consultation with Department component
chief information officers, shall--
``(A) conduct a Department-wide inventory of all
existing software licenses held by the Department,
including utilized and unutilized licenses;
``(B) assess the needs of the Department and the
components of the Department for software licenses for
the subsequent 2 fiscal years;
``(C) examine how the Department can achieve the
greatest possible economies of scale and cost savings
in the procurement of software licenses;
``(D) determine how the use of shared cloud-
computing services will impact the needs for software
licenses for the subsequent 2 fiscal years; and
``(E) establish plans and estimated costs for
eliminating unutilized software licenses for the
subsequent 2 fiscal years.
``(2) Excess software licensing.--
``(A) Plan to reduce software licenses.--If the
Chief Information Officer determines through the
inventory conducted under paragraph (1) that the number
of software licenses held by the Department and the
components of the Department exceed the needs of the
Department as assessed under paragraph (1), the
Secretary, not later than 90 days after the date on
which the inventory is completed, shall establish a
plan for bringing the number of such software licenses
into balance with such needs of the Department.
``(B) Prohibition on procurement of new software
licenses.--
``(i) In general.--Except as provided in
clause (ii), upon completion of a plan
established under paragraph (1), no additional
resources may be obligated for the procurement
of new software licenses for the Department
until such time as the need of the Department
exceeds the number of used and unused licenses
held by the Department.
``(ii) Exception.--The Chief Information
Officer may authorize the purchase of
additional licenses and amend the number of
needed licenses as necessary.
``(3) GAO review.--The Comptroller General of the United
States shall review the inventory conducted under paragraph
(1)(A) and the plan established under paragraph (2)(A).
``(4) Submission to congress.--The Chief Information
Officer shall submit a copy of each inventory conducted under
paragraph (1)(A) and each plan established under paragraph
(2)(A) to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.''.
(b) Completion of First Definition of Capabilities.--The Chief
Information Officer shall complete the first implementation of section
701(c) of the Homeland Security Act of 2002, as amended by this
section, by not later than 1 year after the date of the enactment of
this Act.
SEC. 1421. CHIEF HUMAN CAPITAL OFFICER.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended to read as follows:
``SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
``(a) In General.--There is a Chief Human Capital Officer of the
Department who shall report directly to the Under Secretary of
Management.
``(b) Responsibilities.--The Chief Human Capital Officer shall--
``(1) develop and implement strategic workforce planning
efforts that are consistent with Government-wide leading
principles, and that are in line with Department strategic
human capital goals and priorities;
``(2) develop performance measures to provide a basis for
monitoring and evaluating Department-wide strategic workforce
planning efforts;
``(3) develop strategies to recruit, hire, and train the
Department workforce;
``(4) work with the component heads to identify methods for
managing and overseeing human capital programs and initiatives;
``(5) develop a career path framework, and create
opportunities for leader development;
``(6) serve as the Department's central office for managing
employee resources, including training and development
opportunities;
``(7) coordinate the Department's human resource management
system;
``(8) conduct efficiency reviews to determine if components
are implementing human capital programs and initiatives; and
``(9) identify and eliminate unnecessary and duplicative
human capital policies and guidance.
``(c) Component Strategies.--
``(1) In general.--Each component of the Department shall
coordinate with the Chief Human Capital Officer of the
Department to develop or maintain its own 5-year workforce
strategy that will support the Department's goals, objectives,
performance measures, and determination of the proper balance
of Federal employees and private labor resources.
``(2) Strategy requirements.--The Chief Human Capital
Officer shall ensure that, in the development of the strategy
required by subsection (c), the head of the component reports
to the Chief Human Capital Officer on the human resources
considerations associated with creating additional Federal
full-time equivalent positions, converting private contractor
positions to Federal employee positions, or relying on the
private sector for goods and services, including--
``(A) hiring projections, including occupation and
grade level, as well as corresponding salaries,
benefits, and hiring or retention bonuses;
``(B) the identification of critical skills
requirements over the 5-year period, any current or
anticipated need for critical skills required at the
Department, and the training or other measures required
to address such need;
``(C) recruitment of qualified candidates and
retention of qualified employees;
``(D) supervisory and management requirements;
``(E) travel and related personnel support costs;
``(F) the anticipated cost and impact on mission
performance associated with replacing Federal personnel
due to their retirement or other attrition; and
``(G) other appropriate factors.
``(d) Annual Submission.--The Secretary shall provide to the
appropriate congressional committees, together with submission of the
annual budget justification, information on the progress within the
Department of fulfilling the workforce strategies required under
subsection (c).''.
SEC. 1422. 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 1619(a) of this title, is
further amended by adding at the end the following:
``SEC. 709. CHIEF SECURITY OFFICER.
``(a) In General.--There is a Chief Security Officer of the
Department, who shall report directly to the Under Secretary for
Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop and implement the Department's security
policies, programs, and standards;
``(2) identify training and provide education to Department
personnel on security-related matters; and
``(3) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such title the following:
``Sec. 709. Chief Security Officer.''.
SEC. 1423. COST SAVINGS AND EFFICIENCY REVIEWS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Homeland Security, acting through the Under Secretary
for Management 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 that--
(1) provides a detailed inventory of the management and
administrative expenditures and activities of the components of
the Department and identifies potential cost savings and
efficiencies for those expenditures and activities of each such
component;
(2) examines the size, experience level, and geographic
distribution of the operational personnel of the Department,
including Customs and Border Protection officers, Border Patrol
agents, Customs and Border Protection Air and Marine agents,
Customs and Border Protection agriculture specialists, Federal
Protective Service law enforcement security officers,
Immigration and Customs Enforcement agents, Transportation
Security Administration officers, Federal air marshals, and
members of the Coast Guard; and
(3) makes recommendations for adjustments in the management
and administration of the Department that would reduce
deficiencies in the Department's capabilities, reduce costs,
and enhance efficiencies.
SEC. 1424. FIELD EFFICIENCIES PLAN.
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security of the House
of Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate a field efficiencies plan
that--
(A) examines the facilities and administrative and
logistics functions of components of the Department of
Homeland Security located within designated geographic
areas; and
(B) 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 within each
designated geographic area.
(2) Contents.--The field efficiencies plan submitted under
paragraph (1) shall include the following:
(A) An accounting of leases held by the Department
or its components 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 or its components
plan to sign or renew in the next fiscal year.
(B)(i) An evaluation for each designated geographic
area of specific facilities at which components, or
operational entities of components, of the Department
may be closed or consolidated, including consideration
of when leases expire or facilities owned by the
Government become available.
(ii) The evaluation shall include consideration 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; and
(VII) other assets as determined by the
Secretary.
(iii) The evaluation shall include 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.
(C) An implementation plan, including--
(i) near-term actions that can co-locate,
consolidate, or dispose of property within 24
months;
(ii) identifying long-term occupancy
agreements or leases that cannot be changed
without a significant cost to the Government;
and
(iii) how the Department can ensure it has
the capacity, in both personnel and funds,
needed to cover up-front costs to achieve
consolidation and efficiencies.
(D) An accounting of any consolidation in the
Department or its component's real estate footprint,
including the co-location of personnel from different
components, offices, and agencies within the
Department.
SEC. 1425. RESOURCES TO RESPOND TO OPERATIONAL SURGES.
On an annual basis, the Secretary of Homeland Security 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 circumstances in which the
Secretary exercised the authority during the preceding year to
reprogram or transfer funds to address unforeseen costs, including the
costs associated with operational surges, and information on any
circumstances in which limitations on the transfer or reprogramming of
funds impacted the Secretary's ability to address such unforeseen
costs.
SEC. 1426. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.
(a) Enhancements to the Rotation Program.--Section 844(a) of the
Homeland Security Act of 2002 (6 U.S.C. 414(a)) is amended as follows:
(1) In paragraph (1)--
(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''.
(2) In paragraph (2)--
(A) by redesignating subparagraphs (A) through (G)
as subparagraphs (C) through (I), and inserting before
subparagraph (C), as so redesignated, the following:
``(A) seek to foster greater Departmental
integration and unity of effort;
``(B) seek to help enhance the knowledge, skills,
and abilities of participating personnel with respect
to the Department's programs, policies, and
activities;'';
(B) in subparagraph (D), as so redesignated, by
striking ``middle and senior level''; and
(C) in subparagraph (G), as so redesignated, by
inserting before ``invigorate'' the following: ``seek
to improve morale and retention throughout the
Department and''.
(3) In paragraph (3)(B), by striking clause (iii) and
redesignating clauses (iv) through (viii) as clauses (iii)
through (vii).
(4) By redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), and inserting after paragraph (3) the following:
``(4) Administrative matters.--In carrying out any program
established pursuant to this section, the Secretary shall--
``(A) before selecting employees for participation
in such program, disseminate information broadly within
the Department about the availability of the program,
qualifications for participation in the program,
including full-time employment within the employing
component or office not less than one year, and the
general provisions of the program;
``(B) require each candidate for participation in
the program to be nominated by the head of the
candidate's employing component or office and that the
Secretary, or the Secretary's designee, select each
employee for the program solely on the basis of
relative ability, knowledge, and skills, after fair and
open competition that assures that all candidates
receive equal opportunity;
``(C) ensure that each employee participating in
the 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
employee's employing component or office;
``(D) 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
program; and
``(E) require that, during the period of
participation by an employee in the program,
performance evaluations for the employee--
``(i) shall be conducted by officials in
the employee's office or component with input
from the supervisors of the employee at the
component or office in which the employee is
placed during that period; and
``(ii) shall be provided the same weight
with respect to promotions and other rewards as
performance evaluations for service in the
employee's office or component.''.
(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 information to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate about the
status of the homeland security rotation program authorized by section
844 of the Homeland Security Act of 2002, as amended by this section.
Subtitle B--Department of Homeland Security Acquisition Accountability
and Efficiency
SEC. 1431. DEFINITIONS.
(a) In General.--In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Congressional homeland security committees.--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 of the Senate.
(b) Additional Definitions.--In this subtitle:
(1) Acquisition.--The term ``acquisition'' has the meaning
provided in section 131 of title 41, United States Code.
(2) Best practices.--The term ``best practices'', with
respect to acquisition, means a knowledge-based approach to
capability development that includes identifying and validating
needs; assessing alternatives to select the most appropriate
solution; clearly establishing well-defined requirements;
developing realistic cost assessments and schedules; securing
stable funding that matches resources to requirements;
demonstrating technology, design, and manufacturing maturity;
using milestones and exit criteria or specific accomplishments
that demonstrate progress; adopting and executing standardized
processes with known success across programs; establishing an
adequate workforce that is qualified and sufficient to perform
necessary functions; and integrating these capabilities into
the Department's mission and business operations.
(c) Amendments to Definitions in Homeland Security Act of 2002.--
Section 2 of the Homeland Security Act of 2002 is amended--
(1) by striking ``In this Act,'' and inserting ``(a) In
General.--In this Act,'';
(2) in paragraph (2)--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by adding at the end the following new
subparagraph:
``(B) 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 Committees on Appropriations of the
House of Representatives and of the Senate, where
appropriate.''; and
(3) by adding at the end the following new subsection:
``(b) Acquisition-Related Definitions.--In this Act, the following
definitions apply:
``(1) Acquisition.--The term `acquisition' has the meaning
provided in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary acting through the Deputy Secretary or Under
Secretary for Management--
``(A) to ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) to review (including approving, halting,
modifying, or cancelling) an acquisition program
through the life cycle of the program;
``(C) to ensure that program managers have the
resources necessary to successfully execute an approved
acquisition program;
``(D) to ensure good program management of cost,
schedule, risk, and system performance of the
acquisition, including assessing acquisition program
baseline breaches and directing any corrective action
for such breaches; and
``(E) to ensure that program managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess
risks to a program at all phases of the life cycle of
the program to avoid and mitigate acquisition program
baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an investment or acquisition
program, means a predetermined point within the acquisition
phases of the investment or acquisition program at which the
investment or acquisition program will undergo a review prior
to commencement of the next phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum', with respect to an
acquisition, means the official acquisition decision event
record that includes a documented record of decisions, exit
criteria, and assigned actions for the acquisition as
determined by the person exercising acquisition decision
authority for the acquisition.
``(5) Acquisition program baseline.--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.
``(6) Capability development plan.--The term `capability
development plan', with respect to a proposed acquisition,
means the document that the Acquisition Review Board approves
for the first acquisition decision event related to validating
the need of a proposed acquisition.
``(7) Component acquisition executive.--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.
``(8) Life cycle cost.--The term `life cycle cost', with
respect to an acquisition program, means all costs associated
with research, development, procurement, operation, integrated
logistics support, and disposal under the program, including
supporting infrastructure that plans, manages, and executes the
program over its full life, and costs of common support items
incurred as a result of the program.
``(9) Major acquisition program.--The term `major
acquisition program' means a Department acquisition program
that is estimated by the Secretary to require an eventual total
expenditure of at least $300,000,000 (based on fiscal year 2015
constant dollars) over its life cycle cost.''.
PART 1--ACQUISITION AUTHORITIES
SEC. 1441. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as
amended by section 1417 of this title, is further amended by adding at
the end the following:
``(e) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(b) of title
41, United States Code, the Under Secretary for Management is
the Chief Acquisition Officer of the Department. As Chief
Acquisition Officer, the Under Secretary shall have the
authority and perform the functions as specified in section
1702(b) of such title, and perform all other functions and
responsibilities delegated by the Secretary or described in
this subsection.
``(2) Duties and responsibilities.--In addition to the
authority and functions specified in section 1702(b) of title
41, United States Code, the duties 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 its
mission through the adoption of widely accepted program
management best practices and standards.
``(B) Exercising the acquisition decision authority
to approve, halt, modify (including the rescission of
approvals of program milestones), or cancel major
acquisition programs, unless the Under Secretary
delegates the 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 Department's acquisition management
policy.
``(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) Ensuring that grants and financial assistance
are provided only to individuals and organizations that
are not suspended or debarred.
``(G) Distributing guidance throughout the
Department to ensure that contractors involved in
acquisitions, particularly companies that access the
Department's information systems and technologies,
adhere to internal cybersecurity policies established
by the Department of Homeland Security.
``(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 at least
$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
has adequate, experienced, dedicated program
management professional staff commensurate with
the size of the delegated portfolio.
``(iii) Each major acquisition program
concerned has written documentation showing
that it has a Department-approved acquisition
program baseline and it is meeting agreed-upon
cost, schedule, and performance thresholds.
``(4) Excluded parties list system consultation.--The Under
Secretary for Management shall require that all Department
contracting and procurement officials consult the Excluded
Parties List System (or successor system) as maintained by the
General Services Administration prior to awarding a contract or
grant or entering into other transactions to ascertain whether
the selected contractor is excluded from receiving Federal
contracts, certain subcontracts, and certain types of Federal
financial and nonfinancial assistance and benefits.
``(5) 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 can support current and future
requirements of the components.
``(B) Operational testing and evaluation.--The
Under Secretary for Science and Technology shall--
``(i) ensure, in coordination with relevant
component heads, that major acquisition
programs--
``(I) complete operational testing
and evaluation of technologies and
systems;
``(II) use independent verification
and validation of operational test and
evaluation implementation and results;
and
``(III) 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. 1442. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342), as
amended by section 1618 of this title, is further amended by adding at
the end of subsection (c)(2) the following new subparagraph:
``(J) Notwithstanding section 902 of title 31,
United States Code, provide leadership over financial
management policy and programs for the Department as
they relate to the Department's acquisitions programs,
in consultation with the Under Secretary for
Management.''.
SEC. 1443. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION OFFICER.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343), as
amended by section 1620(a) of this title, is further amended by adding
at the end the following new subsection:
``(f) Acquisition Responsibilities.--Notwithstanding section 11315
of title 40, United States Code, the acquisition responsibilities of
the Chief Information Officer, in consultation with the Under Secretary
for Management, shall include the following:
``(1) Oversee the management of the Homeland Security
Enterprise Architecture and ensure 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
Department's management directives, make recommendations to the
Acquisition Review Board regarding such noncompliance.
``(2) Be responsible for providing recommendations to the
Acquisition Review Board established in section 836 of this Act
on information technology programs, and be responsible for
developing information technology acquisition strategic
guidance.''.
SEC. 1444. REQUIREMENTS TO ENSURE GREATER ACCOUNTABILITY FOR
ACQUISITION PROGRAMS.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by sections 1419(a) and 1422(a) of this
title, is further amended by adding at the end the following:
``SEC. 710. REQUIREMENTS TO ENSURE GREATER ACCOUNTABILITY FOR
ACQUISITION PROGRAMS.
``(a) Requirement To Establish Mechanism.--Within the Management
Directorate, the Under Secretary for Management shall establish a
mechanism to prioritize improving the accountability, standardization,
and transparency of major acquisition programs of the Department in
order to increase opportunities for effectiveness and efficiencies and
to serve as the central oversight function of all Department
acquisition programs.
``(b) Responsibilities of Executive Director.--The Under Secretary
for Management shall designate an Executive Director to oversee the
requirement under subsection (a). The Executive Director shall report
directly to the Under Secretary and shall carry out the following
responsibilities:
``(1) Monitor the performance of Department acquisition
programs regularly 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 Department's acquisition portfolio.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy, procedures,
and guidance with a priority on ensuring the data it collects
and maintains from its components is accurate and reliable.
``(4) Serve as the focal point and coordinator for the
acquisition life cycle review process and as the executive
secretariat for the Acquisition Review Board established under
section 836 of this Act.
``(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the Department.
``(6) Engage in the strategic planning and performance
evaluation process required under section 306 of title 5,
United States Code, and sections 1105(a)(28), 1115, 1116, and
9703 of title 31, United States Code, by supporting the Chief
Procurement Officer in developing strategies and specific plans
for hiring, training, and professional development in order to
rectify any deficiency within the Department's acquisition
workforce.
``(7) Oversee the Component Acquisition Executive structure
to ensure it has sufficient capabilities and complies with
Department policies.
``(8) Develop standardized certification standards in
consultation with the Component Acquisition Executives for all
acquisition program managers.
``(9) In the event that a program manager's certification
or actions need review for purposes of promotion or removal,
provide input, in consultation with the relevant Component
Acquisition Executive, into the relevant program manager's
performance evaluation, and report positive or negative
experiences to the relevant certifying authority.
``(10) Provide technical support and assistance to
Department acquisitions and acquisition personnel in
conjunction with the Chief Procurement Officer.
``(11) Prepare the Department's Comprehensive Acquisition
Status Report, as required by the Department of Homeland
Security Appropriations Act, 2013 (division D of Public Law
113-6; 127 Stat. 343) and section 840 of this Act, and make
such report available to congressional homeland security
committees.
``(12) Prepare the Department's Quarterly Program
Accountability Report as required by section 840 of this Act,
and make such report available to the congressional homeland
security committees.
``(c) Responsibilities of Components.--Each head of a component
shall comply with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by the Under
Secretary for Management. For each major acquisition program, each head
of a component shall--
``(1) define baseline requirements and document changes to
those requirements, as appropriate;
``(2) establish a complete life cycle cost estimate with
supporting documentation, including an acquisition program
baseline;
``(3) verify each life cycle cost estimate against
independent cost estimates, and reconcile any differences;
``(4) complete a cost-benefit analysis with supporting
documentation;
``(5) 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
``(6) ensure that all acquisition program information
provided by the component is complete, accurate, timely, and
valid.
``SEC. 711. ACQUISITION DOCUMENTATION.
``(a) In General.--For each major acquisition program, the
Executive Director responsible for the preparation of the Comprehensive
Acquisition Status Report, pursuant to paragraph (11) of section
710(b), shall require certain acquisition documentation to be submitted
by Department components or offices.
``(b) Waiver.--The Secretary may waive the requirement for
submission under subsection (a) for a program for a fiscal year if
either--
``(1) the program has not--
``(A) entered the full rate production phase in the
acquisition life cycle;
``(B) had a reasonable cost estimate established;
and
``(C) had a system configuration defined fully; or
``(2) the 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 President's
budget is submitted for a fiscal year under section 1105(a) of title
31, United States Code, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and Committee on
Homeland Security and Governmental Affairs of the Senate information on
the exercise of authority under subsection (b) in the prior fiscal year
that includes the following specific information regarding each program
for which a waiver is issued under subsection (b):
``(1) The grounds for granting a waiver for that program.
``(2) The projected cost of that program.
``(3) The proportion of a component's annual acquisition
budget attributed to that program, as available.
``(4) Information on the significance of the program with
respect to the component's operations and execution of its
mission.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 1419 the following
new item:
``Sec. 710. Requirements to ensure greater accountability for
acquisition programs.
``Sec. 711. Acquisition documentation.''.
PART 2--ACQUISITION PROGRAM MANAGEMENT DISCIPLINE
SEC. 1451. 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 new section:
``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 strengthen
accountability and uniformity within the Department acquisition review
process, review major acquisition programs, and review the use of best
practices.
``(b) Composition.--The Deputy Secretary or Under Secretary for
Management shall serve as chair of the Board. The Secretary shall also
ensure participation by other relevant Department officials, including
at least 2 component heads or their designees, as permanent members of
the Board.
``(c) Meetings.--The Board shall meet every time a major
acquisition program needs authorization to proceed from acquisition
decision events through the acquisition life cycle and to consider any
major acquisition program in breach as necessary. The Board may also be
convened for non-major acquisitions that are deemed high-risk by the
Executive Director referred to in section 710(b) of this Act. The Board
shall also meet regularly for purposes of ensuring all acquisitions
processes proceed in a timely fashion to achieve mission readiness.
``(d) Responsibilities.--The responsibilities of the Board are as
follows:
``(1) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(2) Oversee executable business strategy, resources,
management, accountability, and alignment to strategic
initiatives.
``(3) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for the acquisition at key acquisition decision
events.
``(4) Conduct systematic reviews of acquisitions to ensure
that they are progressing in compliance with the approved
documents for their current acquisition phase.
``(5) Review the acquisition 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 trade-offs 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 of possible trade-offs
among cost, schedule, and performance objectives for
each alternative is considered.
``(e) Acquisition Program Baseline Report Requirement.--If the
person exercising acquisition decision authority over a major
acquisition program approves the program to proceed into the planning
phase before it has a Department-approved acquisition program baseline,
then the Under Secretary for Management shall create and approve an
acquisition program baseline report on the decision, and the Secretary
shall--
``(1) within 7 days after an acquisition decision
memorandum is signed, notify in writing the congressional
homeland security committees of such decision; and
``(2) within 60 days after the acquisition decision
memorandum is signed, submit a report to such committees
stating the rationale for the decision and a plan of action to
require an acquisition program baseline for the program.
``(f) Best Practices Defined.--In this section, the term `best
practices' has the meaning provided in section 4(b) of the DHS
Headquarters Reform and Improvement Act of 2015.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 835 the following
new item:
``Sec. 836. Acquisition Review Board.''.
SEC. 1452. REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION PROGRAMS.
``(a) Requirement To Establish Policies.--In an effort to reduce
unnecessary duplication and inefficiency for all Department
investments, including major acquisition programs, the Deputy
Secretary, in consultation with the Under Secretary for Management,
shall establish Department-wide policies to integrate all phases of the
investment life cycle and help the Department identify, validate, and
prioritize common component requirements for major acquisition programs
in order to increase opportunities for effectiveness and efficiencies.
The policies shall also include strategic alternatives for developing
and facilitating a Department component-driven requirements process
that includes oversight of a development test and evaluation
capability; identification of priority gaps and overlaps in Department
capability needs; and provision of feasible technical alternatives,
including innovative commercially available alternatives, to meet
capability needs.
``(b) Mechanisms To Carry Out Requirement.--The Under Secretary for
Management shall coordinate the actions necessary to carry out
subsection (a), using such mechanisms as considered necessary by the
Secretary to help the Department reduce unnecessary duplication and
inefficiency for all Department investments, including major
acquisition programs.
``(c) Coordination.--In coordinating the actions necessary to carry
out subsection (a), the Deputy Secretary shall consult with the Under
Secretary for Management, Component Acquisition Executives, and any
other Department officials, including the Under Secretary for Science
and Technology or his designee, with specific knowledge of Department
or component acquisition capabilities to prevent unnecessary
duplication of requirements.
``(d) Advisors.--The Deputy Secretary, in consultation with the
Under Secretary for Management, shall seek and consider input within
legal and ethical boundaries from members of Federal, State, local, and
tribal governments, nonprofit organizations, and the private sector, as
appropriate, on matters within their authority and expertise in
carrying out the Department's mission.
``(e) Meetings.--The Deputy Secretary, in consultation with the
Under Secretary for Management, shall meet at least quarterly and
communicate with components often to ensure that components do not
overlap or duplicate spending or activities on major investments and
acquisition programs within their areas of responsibility.
``(f) Responsibilities.--In carrying out this section, the
responsibilities of the Deputy Secretary, in consultation with the
Under Secretary for Management, are as follows:
``(1) To review and validate the requirements documents of
major investments and acquisition programs prior to acquisition
decision events of the investments or programs.
``(2) To ensure the requirements and scope of a major
investment or acquisition program are stable, measurable,
achievable, at an acceptable risk level, and match the
resources planned to be available.
``(3) Before any entity of the Department issues a
solicitation for a new contract, coordinate with other
Department entities as appropriate to prevent unnecessary
duplication and inefficiency and--
``(A) to implement portfolio reviews to identify
common mission requirements and crosscutting
opportunities among components to harmonize investments
and requirements and prevent unnecessary overlap and
duplication among components; and
``(B) to the extent practicable, to standardize
equipment purchases, streamline the acquisition
process, improve efficiencies, and conduct best
practices for strategic sourcing.
``(4) To ensure program managers of major investments and
acquisition programs conduct analyses, giving particular
attention to factors such as cost, schedule, risk, performance,
and operational efficiency in order to determine that programs
work as intended within cost and budget expectations.
``(5) To propose schedules for delivery of the operational
capability needed to meet each Department investment and major
acquisition program.
``(g) Best Practices Defined.--In this section, the term `best
practices' has the meaning provided in section 4(b) of the DHS
Headquarters Reform and Improvement Act of 2015.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 836 the following
new item:
``Sec. 837. Requirements to reduce duplication in acquisition
programs.''.
SEC. 1453. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF BOARD AND OF
REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION
PROGRAMS.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of the effectiveness of the Acquisition Review
Board established under section 836 of the Homeland Security Act of
2002 (as added by section 1451) and the requirements to reduce
unnecessary duplication in acquisition programs established under
section 837 of such Act (as added by section 1452) in improving the
Department's acquisition management process.
(b) Scope of Report.--The review shall include the following:
(1) An assessment of the effectiveness of the Board in
increasing program management oversight, best practices and
standards, and discipline among the components of the
Department, including in working together and in preventing
overlap and unnecessary duplication.
(2) An assessment of the effectiveness of the Board in
instilling program management discipline.
(3) A statement of how regularly each major acquisition
program is reviewed by the Board, how often the Board stops
major acquisition programs from moving forward in the phases of
the acquisition life cycle process, and the number of major
acquisition programs that have been halted because of problems
with operational effectiveness, schedule delays, or cost
overruns.
(4) An assessment of the effectiveness of the Board in
impacting acquisition decisionmaking within the Department,
including the degree to which the Board impacts decisionmaking
within other headquarters mechanisms and bodies involved in the
administration of acquisition activities.
(c) Report Required.--The Comptroller General shall submit to the
congressional homeland security committees a report on the review
required by this section not later than 1 year after the date of the
enactment of this Act. The report shall be submitted in unclassified
form but may include a classified annex.
SEC. 1454. EXCLUDED PARTY LIST SYSTEM WAIVERS.
The Secretary of Homeland Security shall provide notification to
the congressional homeland security committees within 5 days after the
issuance of a waiver by the Secretary of Federal requirements that an
agency not engage in business with a contractor in the Excluded Party
List System (or successor system) as maintained by the General Services
Administration and an explanation for a finding by the Secretary that a
compelling reason exists for this action.
SEC. 1455. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND DEBARMENT.
The Inspector General of the Department of Homeland Security--
(1) may audit decisions about grant and procurement awards
to identify instances where a contract or grant was improperly
awarded to a suspended or debarred entity and whether
corrective actions were taken to prevent recurrence; and
(2) shall 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 and whether disparities exist
in the application of such criteria, particularly with respect
to business size and categories.
PART 3--ACQUISITION PROGRAM MANAGEMENT ACCOUNTABILITY AND TRANSPARENCY
SEC. 1461. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
``(a) Breach Defined.--The term `breach', with respect to a major
acquisition program, means a failure to meet any cost, schedule, or
performance parameter specified in the acquisition program baseline.
``(b) Requirements Within Department if Breach Occurs.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach occurs
in a major acquisition program, the program manager for
that program shall notify the Component Acquisition
Executive for the program, the head of the component
concerned, the Executive Director referred to in
section 710(b) of this Act, the Under Secretary for
Management, and the Deputy Secretary.
``(B) Notification to secretary.--If a major
acquisition program has a breach with a cost overrun
greater than 15 percent or a schedule delay greater
than 180 days from the costs or schedule set forth in
the acquisition program baseline for the program, the
Secretary and the Inspector General of the Department
shall be notified not later than 5 business days after
the breach is identified.
``(2) Remediation plan and root cause analysis.--
``(A) In general.--In the case of a breach with a
cost overrun greater than 15 percent or a schedule
delay greater than 180 days from the costs or schedule
set forth in the acquisition program baseline, a
remediation plan and root cause analysis is required,
and the Under Secretary for Management or his designee
shall establish a date for submission within the
Department of a breach remediation plan and root cause
analysis in accordance with this subsection.
``(B) Remediation plan.--The remediation plan
required under this subsection shall be submitted in
writing to the head of the component concerned, the
Executive Director referred to in section 710(b) of
this Act, and the Under Secretary for Management. The
plan shall--
``(i) explain the circumstances of the
breach;
``(ii) provide prior cost estimating
information;
``(iii) propose corrective action to
control cost growth, schedule delays, or
performance issues;
``(iv) in coordination with Component
Acquisition Executive, discuss all options
considered, including the estimated impact on
cost, schedule, or performance of the program
if no changes are made to current requirements,
the estimated cost of the program if
requirements are modified, and the extent to
which funding from other programs will need to
be reduced to cover the cost growth of the
program; and
``(v) explain the rationale for why the
proposed corrective action is recommended.
``(C) Root cause analysis.--The root cause analysis
required under this subsection shall determine the
underlying cause or causes of shortcomings in cost,
schedule, or performance of the program, including the
role, if any, of the following:
``(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 in procurement quantities.
``(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 of
this Act.
``(vii) Legislative, legal, or regulatory
changes.
``(viii) Inadequate program management
personnel, including lack of training,
credentials, certifications, or use of best
practices.
``(3) Correction of breach.--The Under Secretary for
Management or his designee shall establish a date for
submission within the Department of a program of corrective
action that ensures that one of the following actions has
occurred:
``(A) The breach has been corrected and the program
is again in compliance with the original acquisition
program baseline parameters.
``(B) A revised acquisition program baseline has
been approved.
``(C) The program has been halted or cancelled.
``(c) Requirements Relating to Congressional Notification if Breach
Occurs.--
``(1) Notification to congress.--If a notification is made
under subsection (b)(1)(B) for a breach in a major acquisition
program with a cost overrun greater than 15 percent or a
schedule delay greater than 180 days from the costs or schedule
set forth in the acquisition program baseline, or with an
anticipated failure for any key performance threshold or
parameter specified in the acquisition program baseline, the
Under Secretary for Management shall notify the congressional
homeland security committees of the breach in the next
quarterly Comprehensive Acquisition Status Report after the
Under Secretary for Management receives the notification from
the program manager under subsection (b)(1)(B).
``(2) Substantial 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 set
forth in the acquisition program baseline for a major
acquisition program, the Under Secretary for Management shall
include in the notification required in (c)(1) a written
certification, with supporting explanation, that--
``(A) the acquisition is essential to the
accomplishment of the Department's mission;
``(B) there are no alternatives to such capability
or asset that will provide equal or greater capability
in both a more cost-effective and timely manner;
``(C) the new acquisition schedule and estimates
for total acquisition cost are reasonable; and
``(D) the management structure for the acquisition
program is adequate to manage and control performance,
cost, and schedule.
``(3) Submissions to congress.--Not later than 30 calendar
days after submission to such committees of a breach
notification under paragraph (1) of this section for a major
acquisition program, the Under Secretary for Management shall
submit to such committees the following:
``(A) A copy of the remediation plan and the root
cause analysis prepared under subsection (b)(2) for the
program.
``(B) A statement describing the corrective action
or actions that have occurred pursuant to subsection
(b)(3) for the program, with a justification for the
action or actions.
``(d) Additional Actions if Breach Occurs.--
``(1) Prohibition on obligation of funds.--During the 90-
day period following submission under subsection (c)(3) of a
remediation plan, root cause analysis, and statement of
corrective actions with respect to a major acquisition program,
the Under Secretary for Management shall submit a certification
described in paragraph (2) of this subsection to the
congressional homeland security committees. If the Under
Secretary for Management does not submit such certification by
the end of such 90-day period, then funds appropriated to the
major acquisition program shall not be obligated until the
Under Secretary for Management submits such certification.
``(2) Certification.--For purposes of paragraph (1), the
certification described in this paragraph is a certification
that--
``(A) the Department has adjusted or restructured
the program in a manner that addresses the root cause
or causes of the cost growth in the program; and
``(B) the Department has conducted a thorough
review of the breached program's acquisition decision
event approvals and the current acquisition decision
event approval for the breached program has been
adjusted as necessary to account for the restructured
program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 837 the following
new item:
``Sec. 838. Congressional notification and other requirements for major
acquisition program breach.''.
SEC. 1462. MULTIYEAR ACQUISITION STRATEGY.
(a) In General.--
(1) Amendment.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended
by adding at the end the following new section:
``SEC. 839. MULTIYEAR ACQUISITION STRATEGY.
``(a) Multiyear Acquisition Strategy Required.--Not later than 1
year after the date of the enactment of this section, the Secretary
shall submit to the appropriate homeland security committees a
multiyear acquisition strategy to guide the overall direction of the
acquisitions of the Department while allowing flexibility to deal with
ever-changing threats and risks and to help industry better understand,
plan, and align resources to meet the future acquisition needs of the
Department. The strategy shall be updated and included in each Future
Years Homeland Security Program required under section 874 of this Act.
``(b) Consultation.--In developing the strategy, the Secretary
shall consult with others as the Secretary deems appropriate, including
headquarters, components, employees in the field, and when appropriate,
individuals from industry and the academic community.
``(c) Form of Strategy.--The report shall be submitted in
unclassified form but may include a classified annex for any sensitive
or classified information if necessary. The Department also shall
publish the plan in an unclassified format that is publicly available.
``(d) Contents of Strategy.--The strategy shall include the
following:
``(1) Prioritized list.--A systematic and integrated
prioritized list developed by the Under Secretary for
Management or his designee in coordination with all of the
Component Acquisition Executives of Department major
acquisition programs that Department and component acquisition
investments seek to address, that includes the expected
security and economic benefit of the program or system and an
analysis of how the security and economic benefit derived from
the program or system will be measured.
``(2) Inventory.--A plan to develop a reliable Department-
wide inventory of investments and real property assets to help
the Department plan, budget, schedule, and acquire upgrades of
its systems and equipment and plan for the acquisition and
management of future systems and equipment.
``(3) Funding gaps.--A plan to address funding gaps between
funding requirements for major acquisition programs and known
available resources including, to the maximum extent
practicable, ways of leveraging best practices to identify and
eliminate overpayment for items to prevent wasteful purchasing,
achieve the greatest level of efficiency and cost savings by
rationalizing purchases, aligning pricing for similar items,
and utilizing purchase timing and economies of scale.
``(4) Identification of capabilities.--An identification of
test, evaluation, modeling, and simulation capabilities that
will be required to support the acquisition of the technologies
to meet the needs of the plan and ways to leverage to the
greatest extent possible the emerging technology trends and
research and development trends within the public and private
sectors and an identification of ways to ensure that the
appropriate technology is acquired and integrated into the
Department's operating doctrine and procured in ways that
improve mission performance.
``(5) Focus on flexible solutions.--An assessment of ways
the Department can improve its ability to test and acquire
innovative solutions to allow needed incentives and protections
for appropriate risk-taking in order to meet its acquisition
needs with resiliency, agility, and responsiveness to assure
the Nation's homeland security and facilitate trade.
``(6) Focus on incentives to save taxpayer dollars.--An
assessment of ways the Department can develop incentives for
program managers and senior Department acquisition officials to
prevent cost overruns, avoid schedule delays, and achieve cost
savings in major acquisition programs.
``(7) Focus on addressing delays and bid protests.--An
assessment of ways the Department can improve the acquisition
process to minimize cost overruns in requirements development,
procurement announcements, requests for proposals, evaluation
of proposals, protests of decisions and awards and through the
use of best practices as defined in section 4(b) of the DHS
Headquarters Reform and Improvement Act of 2015 and lessons
learned by the Department and other Federal agencies.
``(8) Focus on improving outreach.--An identification and
assessment of ways to increase opportunities for communication
and collaboration with industry, small and disadvantaged
businesses, intra-government entities, university centers of
excellence, accredited certification and standards development
organizations, and national laboratories to ensure that the
Department understands the market for technologies, products,
and innovation that is available to meet its mission needs to
inform the requirements-setting process and before engaging in
an acquisition, including--
``(A) methods designed especially to engage small
and disadvantaged businesses and a cost-benefit
analysis of the tradeoffs that small and disadvantaged
businesses provide, barriers to entry for small and
disadvantaged businesses, and unique requirements for
small and disadvantaged businesses; and
``(B) within the Department Vendor Communication
Plan and Market Research Guide, instructions for
interaction by program managers with such entities to
prevent misinterpretation of acquisition regulations
and to permit freedom within legal and ethical
boundaries for program managers to interact with such
businesses with transparency.
``(9) Competition.--A plan regarding competition as
described in subsection (e).
``(10) Acquisition workforce.--A plan regarding the
Department acquisition workforce as described in subsection
(f).
``(11) Feasibility of workforce development fund pilot
program.--An assessment of the feasibility of conducting a
pilot program to establish an acquisition workforce development
fund as described in subsection (g).
``(e) Competition Plan.--The strategy shall also include a plan
(referred to in subsection (d)(9)) that shall address actions to ensure
competition, or the option of competition, for major acquisition
programs. The plan may include assessments of the following measures in
appropriate cases if such measures are cost effective:
``(1) Competitive prototyping.
``(2) Dual-sourcing.
``(3) Unbundling of contracts.
``(4) Funding of next-generation prototype systems or
subsystems.
``(5) Use of modular, open architectures to enable
competition for upgrades.
``(6) Acquisition of complete technical data packages.
``(7) Periodic competitions for subsystem upgrades.
``(8) Licensing of additional suppliers, including small
businesses.
``(9) Periodic system or program reviews to address long-
term competitive effects of program decisions.
``(f) Acquisition Workforce Plan.--
``(1) Acquisition workforce.--The strategy shall also
include a plan (referred to in subsection (d)(10)) to address
Department acquisition workforce accountability and talent
management that identifies the acquisition workforce needs of
each component performing acquisition functions and develops
options for filling those needs with qualified individuals,
including a cost-benefit analysis of contracting for
acquisition assistance.
``(2) Additional matters covered.--The acquisition
workforce plan shall address ways to--
``(A) improve the recruitment, hiring, training,
and retention of Department acquisition workforce
personnel, including contracting officer's
representatives, in order to retain highly qualified
individuals that have experience in the acquisition
life cycle, complex procurements, and management of
large programs;
``(B) empower program managers to have the
authority to manage their programs in an accountable
and transparent manner as they work with the
acquisition workforce;
``(C) prevent duplication within Department
acquisition workforce training and certification
requirements through leveraging already-existing
training within the Federal Government, academic
community, or private industry;
``(D) achieve integration and consistency with
Government-wide training and accreditation standards,
acquisition training tools, and training facilities;
``(E) designate the acquisition positions that will
be necessary to support the Department acquisition
requirements, including in the fields of--
``(i) program management;
``(ii) systems engineering;
``(iii) procurement, including contracting;
``(iv) test and evaluation;
``(v) life cycle logistics;
``(vi) cost estimating and program
financial management; and
``(vii) additional disciplines appropriate
to Department mission needs;
``(F) strengthen the performance of contracting
officer's representatives (as defined in subpart 1.602-
2 and subpart 2.101 of the Federal Acquisition
Regulation), including by--
``(i) assessing the extent to which
contracting officer's representatives are
certified and receive training that is
appropriate;
``(ii) determining what training is most
effective with respect to the type and
complexity of assignment; and
``(iii) implementing actions to improve
training based on such assessment; and
``(G) identify ways to increase training for
relevant investigators and auditors to examine fraud in
major acquisition programs, including identifying
opportunities to leverage existing Government and
private sector resources in coordination with the
Inspector General of the Department.
``(g) Feasibility of Workforce Development Fund Pilot Program.--The
strategy shall also include an assessment (referred to in subsection
(d)(11)) of the feasibility of conducting a pilot program to establish
a Homeland Security Acquisition Workforce Development Fund (in this
subsection referred to as the `Fund') to ensure the Department
acquisition workforce has the capacity, in both personnel and skills,
needed to properly perform its mission and ensure that the Department
receives the best value for the expenditure of public resources. The
assessment shall address the following:
``(1) Ways to fund the Fund, including the use of direct
appropriations, or the credit, transfer, or deposit of
unobligated or unused funds from Department components into the
Fund to remain available for obligation in the fiscal year for
which credited, transferred, or deposited and to remain
available for successive fiscal years.
``(2) Ways to reward the Department acquisition workforce
and program managers for good program management in controlling
cost growth, limiting schedule delays, and ensuring operational
effectiveness through providing a percentage of the savings or
general acquisition bonuses.
``(3) Guidance for the administration of the Fund that
includes provisions to do the following:
``(A) Describe the costs and benefits associated
with the use of direct appropriations or credit,
transfer, or deposit of unobligated or unused funds to
finance the Fund.
``(B) Describe the manner and timing for
applications for amounts in the Fund to be submitted.
``(C) Explain the evaluation criteria to be used
for approving or prioritizing applications for amounts
in the Fund in any fiscal year.
``(D) Explain the mechanism to report to Congress
on the implementation of the Fund on an ongoing basis.
``(E) Detail measurable performance metrics to
determine if the Fund is meeting the objective to
improve the acquisition workforce and to achieve cost
savings in acquisition management.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is further amended by adding after the item relating to
section 838 the following new item:
``Sec. 839. Multiyear acquisition strategy.''.
(b) Conforming Amendment to Future Years Homeland Security
Program.--Section 874(b) of the Homeland Security Act of 2002 (6 U.S.C.
454(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) include the multiyear acquisition strategy required
under section 839 of this Act.''.
SEC. 1463. ACQUISITION REPORTS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 840. ACQUISITION REPORTS.
``(a) Comprehensive Acquisition Status Report.--
``(1) In general.--The Under Secretary for Management each
year shall submit to the congressional homeland security
committees, at the same time as the President's budget is
submitted for a fiscal year under section 1105(a) of title 31,
United States Code, a comprehensive acquisition status report.
The report shall include the following:
``(A) The information required under the heading
`Office of the Under Secretary for Management' under
title I of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74) (as
required under the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6)).
``(B) A listing of programs that have been
cancelled, modified, paused, or referred to the Under
Secretary for Management or Deputy Secretary for
additional oversight or action by the Board, Department
Office of Inspector General, or the Comptroller
General.
``(C) A listing of established Executive Steering
Committees, which provide governance of a program or
related set of programs and lower-tiered oversight, and
support between acquisition decision events and
component reviews, including the mission and membership
for each.
``(2) Information for major acquisition programs.--For each
major acquisition program, the report shall include the
following:
``(A) A narrative description, including current
gaps and shortfalls, the capabilities to be fielded,
and the number of planned increments or units.
``(B) Acquisition Review Board (or other board
designated to review the acquisition) status of each
acquisition, including the current acquisition phase,
the date of the last review, and a listing of the
required documents that have been reviewed with the
dates reviewed or approved.
``(C) The most current, approved acquisition
program baseline (including project schedules and
events).
``(D) A comparison of the original acquisition
program baseline, the current acquisition program
baseline, and the current estimate.
``(E) Whether or not an independent verification
and validation has been implemented, with an
explanation for the decision and a summary of any
findings.
``(F) A rating of cost risk, schedule risk, and
technical risk associated with the program (including
narrative descriptions and mitigation actions).
``(G) Contract status (including earned value
management data as applicable).
``(H) A lifecycle cost of the acquisition, and time
basis for the estimate.
``(3) Updates.--The Under Secretary shall submit quarterly
updates to such report not later than 45 days after the
completion of each quarter.
``(b) Quarterly Program Accountability Report.--The Under Secretary
for Management shall prepare a quarterly program accountability report
to meet the Department's mandate to perform program health assessments
and improve program execution and governance. The report shall be
submitted to the congressional homeland security committees.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further
amended by adding after the item relating to section 839 the following
new item:
``Sec. 840. Acquisition reports.''.
SEC. 1464. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF MULTIYEAR
ACQUISITION STRATEGY.
(a) Review Required.--After submission to Congress of the first
multiyear acquisition strategy (pursuant to section 839 of the Homeland
Security Act of 2002) after the date of the enactment of this Act, the
Comptroller General of the United States shall conduct a review of the
plan within 180 days to analyze the viability of the plan's
effectiveness in the following:
(1) Complying with the requirements in section 839 of the
Homeland Security Act of 2002, as added by section 1462 of this
title.
(2) Establishing clear connections between Department
objectives and acquisition priorities.
(3) Demonstrating that Department acquisition policy
reflects program management best practices and standards.
(4) Ensuring competition or the option of competition for
major acquisition programs.
(5) Considering potential cost savings through using
already-existing technologies when developing acquisition
program requirements.
(6) Preventing duplication within Department acquisition
workforce training requirements through leveraging already-
existing training within the Federal Government, academic
community, or private industry.
(7) Providing incentives for program managers to reduce
acquisition and procurement costs through the use of best
practices and disciplined program management.
(8) Maximizing small business utilization in acquisitions
by, to the maximum extent practicable, ensuring strategic
sourcing vehicles seek to increase participation by small
businesses, including small and disadvantaged business.
(9) Assessing the feasibility of conducting a pilot program
to establish a Homeland Security Acquisition Workforce
Development Fund.
(b) Report Required.--The Comptroller General shall submit to the
congressional homeland security committees a report on the review
required by this section. The report shall be submitted in unclassified
form but may include a classified annex.
SEC. 1465. OFFICE OF INSPECTOR GENERAL REPORT.
(a) Review Required.--No later than 2 years following the
submission of the report submitted by the Comptroller General of the
United States as required by section 1464, the Department's Inspector
General shall conduct a review of whether the Department has complied
with the multiyear acquisition strategy (pursuant to section 839 of the
Homeland Security Act of 2002) and adhered to the strategies set forth
in the plan. The review shall also consider whether the Department has
complied with the requirements to provide the Acquisition Review Board
with a capability development plan for each major acquisition program.
(b) Report Required.--The Inspector General shall submit to the
congressional homeland security committees a report of the review
required by this section. The report shall be submitted in unclassified
form but may include a classified annex.
TITLE XV--QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTION
SEC. 1501. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY
REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) representatives from appropriate advisory
committees established pursuant to section 871 of this
Act, 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 after
``paragraph (2)'' 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; 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)--
(i) by striking ``December 31 of the year''
and inserting ``60 days after the date of the
submittal of the President's budget for the
fiscal year after the fiscal year''; and
(ii) by striking ``conducted'' and
inserting ``required under subsection (a)(1)'';
(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), by inserting
``to the extent practicable,'' before ``a
description'';
(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;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding the quadrennial homeland security review:
``(A) Records regarding the consultation carried
out the pursuant to subsection (a)(3), including--
``(i) all written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process; and
``(ii) information on how feedback received
by the Secretary informed the quadrennial
homeland security review.
``(B) Information regarding the risk assessment, as
required under subsection (c)(2)(B), including--
``(i) the risk model utilized to generate
the risk assessment;
``(ii) information, including data used in
the risk model, utilized to generate the risk
assessment;
``(iii) sources of information, including
other risk assessments, utilized to generate
the risk assessment; and
``(iv) information on assumptions, weighing
factors, and subjective judgments utilized to
generate the risk assessment, together with
information on the rationale or basis
thereof.''; and
(4) by adding at the end the following new subsection:
``(e) Review.--Not later than 90 days after the submission of the
report pursuant to 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 review were integrated into the
acquisition strategy and expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this title shall apply
with respect to a quadrennial homeland security review required to be
submitted after December 31, 2017.
TITLE XVI--TERRORIST AND FOREIGN FIGHTER TRAVEL EXERCISE
SEC. 1601. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL.
(a) In General.--In addition to, or as part of exercise programs
currently carried out by the Department of Homeland Security, 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
and in coordination with the relevant Federal departments and agencies,
shall, not later than one year after the date of the enactment of this
Act, develop and conduct an exercise related to the terrorist and
foreign fighter threat.
(b) Exercise Requirements.--The exercise required under subsection
(a) shall include--
(1) a scenario involving--
(A) persons traveling from the United States to
join or provide material support or resources to a
terrorist organization abroad; and
(B) terrorist infiltration into the United States,
including United States citizens and foreign nationals;
and
(2) coordination with appropriate Federal departments and
agencies, foreign governments, and State, local, tribal,
territorial, and private sector stakeholders.
(c) Report.--Not later than 60 days after the completion of the
exercise required under subsection (a), the Secretary of Homeland
Security shall, consistent with the protection of classified
information, submit an after-action report to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate presenting the initial
findings of such exercise, including any identified or potential
vulnerabilities in United States defenses and any legislative changes
requested in light of the findings. The report shall be submitted in
unclassified form, but may include a classified annex.
(d) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this section.
(e) Definition.--In this section, the term ``material support or
resources'' has the meaning given such term in section 2339A of title
18, United States Code.
SEC. 1602. EMERGING THREATS IN THE NATIONAL EXERCISE PROGRAM.
Subparagraph (A) of section 648(b)(2) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748(b)(2)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding after clause (vi) the following new clause:
``(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''.
TITLE XVII--AIRPORT PERIMETER AND ACCESS CONTROL SECURITY
SEC. 1701. RISK ASSESSMENTS OF AIRPORT SECURITY.
(a) In General.--The Administrator of the Transportation Security
Administration (TSA) shall--
(1) not later than 60 days after the date of the enactment
of this Act, update the Transportation Sector Security Risk
Assessment (TSSRA) for the aviation sector; and
(2) not later than 90 days after such date--
(A) update with the latest and most currently
available intelligence information the Comprehensive
Risk Assessment of Perimeter and Access Control
Security (in this title referred to as the ``Risk
Assessment of Airport Security'') and determine a
regular timeframe and schedule for further updates to
such Risk Assessment of Airport Security; and
(B) conduct a system-wide assessment of airport
access control points and airport perimeter security.
(b) Contents.--The security risk assessments required under
subsection (a)(2) shall--
(1) include updates reflected in the TSSRA and Joint
Vulnerability Assessment (JVA) findings;
(2) reflect changes to the risk environment relating to
airport access control points and airport perimeters;
(3) use security event data for specific analysis of
system-wide trends related to airport access control points and
airport perimeter security to better inform risk management
decisions; and
(4) take into consideration the unique geography of and
current best practices used by airports to mitigate potential
vulnerabilities.
(c) Report.--The Administrator of the Transportation Security
Administration shall report to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate, relevant Federal departments and
agencies, and airport operators on the results of the security risk
assessments required under subsection (a).
SEC. 1702. AIRPORT SECURITY STRATEGY DEVELOPMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall update the 2012 National Strategy for Airport
Perimeter and Access Control Security (in this section referred to as
the ``National Strategy'').
(b) Contents.--The update to the National Strategy required under
subsection (a) shall include--
(1) information from the Risk Assessment of Airport
Security; and
(2) information on--
(A) airport security-related activities;
(B) the status of TSA efforts to address the goals
and objectives referred to in subsection (a);
(C) finalized outcome-based performance measures
and performance levels for each relevant activity and
goal and objective under subparagraphs (A) and (B); and
(D) input from airport operators.
(c) Updates.--Not later than 90 days after the update is completed
under subsection (a), the Administrator of the Transportation Security
Administration shall implement a process for determining when
additional updates to the strategy referred to in such subsection are
needed.
TITLE XVIII--COMMUNITY COUNTERTERRORISM PREPAREDNESS
SEC. 1801. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the
Administrator and the heads of other relevant components of the
Department, shall carry out a program for emergency response
providers to prevent, prepare for, and respond to the most
likely terrorist attack scenarios, including active shooters,
as determined by the Secretary, against major metropolitan
areas.
``(2) Information.--In establishing the program under
paragraph (1), the Secretary shall provide to eligible
applicants--
``(A) information, in an unclassified format, on
the most likely terrorist attack scenarios, including
active shooters, which such grants are intended to
address; and
``(B) information on training and exercises best
practices.
``(b) Eligible Applicants.--
``(1) In general.--Emergency response providers in
jurisdictions that are currently receiving, or that previously
received, funding under section 2003 may apply for a grant
under the program established in subsection (a).
``(2) Additional jurisdictions.--Eligible applicants
receiving funding under the program established in subsection
(a) may include in activities funded by such program
neighboring jurisdictions that would be likely to provide
mutual aid in response to the most likely terrorist attack
scenarios, including active shooters.
``(c) Application.--
``(1) In general.--Eligible applicants described in
subsection (b) may apply for a grant under this section, and
shall submit such information in support of an application as
the Administrator may require.
``(2) Minimum contents of application.--The Administrator
shall require that each applicant include in its application at
a minimum, the following:
``(A) The purpose for which the applicant seeks
grant funds, including a description of how the
applicant plans to use such funds.
``(B) A description of how the activity for which
the funding is sought will prepare the applicant to
prevent, prepare for, and respond to complex,
coordinated attacks.
``(C) A description of how the applicant will work
with community partners located within the applicant's
jurisdiction, such as schools, places of worship, and
businesses, as appropriate, when conducting activities
permitted under subsection (d).
``(D) Such other information as determined
necessary by the Administrator.
``(d) Permitted Uses.--The recipient of a grant under this section
may use such grant to conduct training and exercises consistent with
preventing, preparing for, and responding to the most likely terrorist
attack scenarios, including active shooters.
``(e) 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 fewer than 24 months.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $39,000,000 for each of
fiscal years 2017 through 2022.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following new item:
``Sec. 2009. Major metropolitan area counterterrorism training and
exercise grant program.''.
TITLE XIX--CYBER PREPAREDNESS
SEC. 1901. INFORMATION SHARING.
Title II of the Homeland Security Act of 2002 is amended--
(1) in section 210A (6 U.S.C. 124h)--
(A) in subsection (b)--
(i) in paragraph (10), by inserting before
the semicolon at the end the following: ``,
including, in coordination with the national
cybersecurity and communications integration
center under section 227, accessing timely
technical assistance, risk management support,
and incident response capabilities with respect
to cyber threat indicators, defensive measures,
cybersecurity risks, and incidents (as such
terms are defined in such section), which may
include attribution, mitigation, and
remediation, and the provision of information
and recommendations on security and resilience,
including implications of cybersecurity risks
to equipment and technology related to the
electoral process'';
(ii) in paragraph (11), by striking ``and''
after the semicolon;
(iii) by redesignating paragraph (12) as
paragraph (14); and
(iv) by inserting after paragraph (11) the
following new paragraphs:
``(12) review information relating to cybersecurity risks
that is gathered by State, local, and regional fusion centers,
and incorporate such information, as appropriate, into the
Department's own information relating to cybersecurity risks;
``(13) ensure the dissemination to State, local, and
regional fusion centers of information relating to
cybersecurity risks; and'';
(B) in subsection (c)(2)--
(i) by redesignating subparagraphs (C)
through (G) as subparagraphs (D) through (H),
respectively; and
(ii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) The national cybersecurity and communications
integration center under section 227.'';
(C) in subsection (d)--
(i) in paragraph (3), by striking ``and''
after the semicolon;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following new paragraph:
``(4) assist, in coordination with the national
cybersecurity and communications integration center under
section 227, fusion centers in using information relating to
cybersecurity risks to develop a comprehensive and accurate
threat picture; and''; and
(D) in subsection (j)--
(i) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6),
respectively; and
(ii) by inserting before paragraph (2), as
so redesignated, the following new paragraph:
``(1) the term `cybersecurity risk' has the meaning given
that term in section 227;''; and
(2) in section 227 (6 U.S.C. 148)--
(A) in subsection (c)--
(i) in paragraph (5)(B), by inserting ``,
including State and major urban area fusion
centers, as appropriate'' before the semicolon
at the end;
(ii) 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
(iii) in paragraph (9), by inserting ``and
best practices'' after ``defensive measures'';
and
(B) in subsection (d)(1)(B)(ii), by inserting ``and
State and major urban area fusion centers, as
appropriate'' before the semicolon at the end.
SEC. 1902. HOMELAND SECURITY GRANTS.
Subsection (a) of section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609) is amended--
(1) by redesignating paragraphs (4) through (14) as
paragraphs (5) through (15), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) enhancing cybersecurity, including preparing for and
responding to cybersecurity risks and incidents and developing
State-wide cyber threat information analysis and dissemination
activities;''.
SEC. 1903. 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 related to cyber
threats in an unclassified form.
TITLE XX--TRANSIT SECURITY GRANT PROGRAM FLEXIBILITY
SEC. 2001. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2); Public Law 110-53) is amended by inserting ``and associated
backfill'' after ``security training''.
SEC. 2002. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended--
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new
subsection:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2),
funds provided pursuant to a grant awarded under this section
for a use specified in subsection (b) shall remain available
for use by a grant recipient for a period of not fewer than 36
months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in subparagraph
(M) or (N) of subsection (b)(1) shall remain available for use
by a grant recipient for a period of not fewer than 55
months.''.
SEC. 2003. GAO REVIEW.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the transit security grant program under section
1406 of the Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall include
the following:
(1) An assessment of the type of projects funded under the
transit security grant program.
(2) An assessment of the manner in which such projects
address threats to transportation infrastructure.
(3) An assessment of the impact, if any, of this title
(including the amendments made by this title) on types of
projects funded under the transit security grant program.
(4) An assessment of the management and administration of
transit security grant program funds by grantees.
(5) Recommendations to improve the manner in which transit
security grant program funds address vulnerabilities in
transportation infrastructure.
(6) Recommendations to improve the management and
administration of the transit security grant program.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act and again not later than five years after such date of
enactment, the Comptroller General 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 review required under this section.
TITLE XXI--SUPPORT FOR RAPID INNOVATION
SEC. 2101. 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.) is amended by adding at the end the
following new section:
``SEC. 319. 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, 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 attacks
or intrusions, including real-time continuous diagnostics and
real-time analytic technologies;
``(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) support, in coordination with non-Federal entities,
the review of source code that underpins critical
infrastructure information systems;
``(5) develop and support infrastructure and tools to
support cybersecurity research and development efforts,
including modeling, testbeds, and data sets for assessment of
new cybersecurity technologies;
``(6) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems; and
``(7) develop and support cyber forensics and attack
attribution capabilities.
``(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate activities with--
``(1) the Under Secretary appointed pursuant to section
103(a)(1)(H);
``(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 support projects carried out under this title through
the full life cycle of such projects, including research, development,
testing, evaluation, pilots, and transitions. The Under Secretary shall
identify mature technologies that address existing or imminent
cybersecurity gaps in public or private information systems and
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. The Under Secretary shall 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 such term in section 227.
``(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
such term in section 227.
``(4) Information system.--The term `information system'
has the meaning given such term in section 3502(8) of title 44,
United States Code.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 318 the following
new item:
``Sec. 319. 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 ``2016'' and inserting ``2020'';
(B) in paragraph (1), by striking the last
sentence; and
(C) by adding at the end the following new
paragraph:
``(3) Prior approval.--In any case in which the head of a
component or office of the Department seeks to utilize the
authority under this section, such head shall first receive
prior approval from the Secretary by providing to the Secretary
a proposal that includes the rationale for the utilization of
such authority, the funds to be spent on the use of such
authority, and the expected outcome for each project that is
the subject of the use of such authority. In such a case, the
authority for evaluating the proposal may not be delegated by
the Secretary to anyone other than the Under Secretary for
Management.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``2016'' and inserting
``2020''; 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.''; and
(3) by adding at the end the following new subsection:
``(e) Training.--The Secretary shall develop a training program for
acquisitions staff on the utilization of the authority provided under
subsection (a).''.
(c) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this title and the
amendments made by this title.
TITLE XXII--LEVERAGING EMERGING TECHNOLOGIES
SEC. 2201. INNOVATION ENGAGEMENT.
(a) Innovation Engagement.--
(1) In general.--The Secretary of Homeland Security--
(A) shall engage with innovative and emerging
technology developers and firms, including technology-
based small businesses and startup ventures, to address
homeland security needs; and
(B) may identify geographic areas in the United
States with high concentrations of such innovative and
emerging technology developers and firms, and may
establish personnel and office space in such areas, as
appropriate.
(2) Engagement.--Engagement under paragraph (1) may include
innovative and emerging technology developers or firms with
proven technologies, supported with outside investment, with
potential applications for the Department of Homeland Security.
(3) Co-location.--If the Secretary of Homeland Security
determines that it is appropriate to establish personnel and
office space in a specific geographic area in the United States
pursuant to paragraph (1)(B), the Secretary shall co-locate
such personnel and office space with other existing assets of--
(A) the Department of Homeland Security, where
possible; or
(B) Federal facilities, where appropriate.
(4) Oversight.--Not later than 30 days after establishing
personnel and office space in a specific geographic area in the
United States pursuant to paragraph (1)(B), the Secretary of
Homeland Security shall inform Congress about the rationale for
such establishment, the anticipated costs associated with such
establishment, and the specific goals for such establishment.
(b) Strategic Plan.--Not later than 6 months after the date of the
enactment of this section, the Secretary of Homeland Security shall
develop, implement, and 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 Department of Homeland Security-
wide strategy to proactively engage with innovative and emerging
technology developers and firms, including technology-based small
businesses and startup ventures, in accordance with subsection (a).
Such strategy shall--
(1) focus on sustainable methods and guidance to build
relationships, including with such innovative and emerging
technology developers and firms in geographic areas in the
United States with high concentrations of such innovative and
emerging technology developers and firms, and in geographic
areas outside such areas, to establish, develop, and enhance
departmental capabilities to address homeland security needs;
(2) include efforts to--
(A) ensure proven innovative and emerging
technologies can be included in existing and future
acquisition contracts;
(B) coordinate with organizations that provide
venture capital to businesses, particularly small
businesses and startup ventures, as appropriate, to
assist the commercialization of innovative and emerging
technologies that are expected to be ready for
commercialization in the near term and within 36
months; and
(C) address barriers to the utilization of
innovative and emerging technologies and the engagement
of small businesses and startup ventures in the
acquisition process;
(3) include a description of how the Department plans to
leverage proven innovative and emerging technologies to address
homeland security needs; and
(4) include the criteria the Secretary plans to use to
determine an innovative or technology is proven.
(c) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this title.
TITLE XXIII--FIRST RESPONDER ACCESS TO INNOVATIVE TECHNOLOGIES
SEC. 2301. APPROVAL OF CERTAIN EQUIPMENT.
(a) In General.--Subsection (f) of section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--
(1) by striking ``If an applicant'' and inserting the
following:
``(1) Application requirement.--If an applicant''; and
(2) by adding at the end the following new paragraphs:
``(2) Review process.--The Administrator shall implement a
uniform process for reviewing applications that, in accordance
with paragraph (1), contain explanations 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.''.
(b) Inspector General Report.--Not later than 3 years after the
date of the 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 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.
TITLE XXIV--DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR INTERNATIONAL
PROGRAMS
SEC. 2401. COMPREHENSIVE STRATEGY FOR INTERNATIONAL PROGRAMS FOR
VETTING AND SCREENING PERSONS SEEKING TO ENTER THE UNITED
STATES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, 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 a comprehensive 3-year strategy for international programs of
the Department of Homeland Security in which personnel and resources of
the Department are deployed abroad for vetting and screening of persons
seeking to enter the United States.
(b) Contents.--The strategy required under subsection (a) shall
include, at a minimum, the following:
(1) Specific Department of Homeland Security risk-based
goals for international programs of the Department in which
personnel and resources of the Department are deployed abroad
for vetting and screening of persons seeking to enter the
United States.
(2) A risk-based method for determining whether to
establish new international programs in new locations, given
resource constraints, or expand existing international programs
of the Department, in which personnel and resources of the
Department are deployed abroad for vetting and screening of
persons seeking to enter the United States.
(3) Alignment with the highest Department-wide and
Government-wide strategic priorities of resource allocations on
international programs of the Department in which personnel and
resources of the Department are deployed abroad for vetting and
screening of persons seeking to enter the United States.
(4) A common reporting framework for the submission of
reliable, comparable cost data by components of the Department
on overseas expenditures attributable to international programs
of the Department in which personnel and resources of the
Department are deployed abroad for vetting and screening of
persons seeking to enter the United States.
(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary of Homeland Security shall consider, at a
minimum, the following:
(1) Information on existing operations of international
programs of the Department of Homeland Security in which
personnel and resources of the Department are deployed abroad
for vetting and screening of persons seeking to enter the
United States that includes corresponding information for each
location in which each such program operates.
(2) The number of Department personnel deployed to each
location at which an international program referred to in
subparagraph (A) is in operation during the current and
preceding fiscal year.
(3) Analysis of the impact of each international program
referred to in paragraph (1) on domestic activities of
components of the Department of Homeland Security.
(4) Analysis of barriers to the expansion of an
international program referred to in paragraph (1).
(d) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex if
the Secretary of Homeland Security determines that such is appropriate.
TITLE XXV--DHS STOP ASSET AND VEHICLE EXCESS
SEC. 2601. DHS VEHICLE FLEETS.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)(5), by inserting ``vehicle fleets
(under subsection (c)),'' after ``equipment,'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Vehicle Fleets.--
``(1) In general.--In carrying out responsibilities
regarding vehicle fleets pursuant to subsection (a)(5), the
Under Secretary for Management shall be responsible for
overseeing and managing vehicle fleets throughout the
Department. The Under Secretary shall also be responsible for
the following:
``(A) Ensuring that components are in compliance
with Federal law, Federal regulations, executive branch
guidance, and Department policy (including issuing
guidance relating to such) relating to fleet management
and use of vehicles from home to work.
``(B) Developing and distributing a standardized
vehicle allocation methodology and fleet management
plan for components to use to determine optimal fleet
size in accordance with paragraph (4).
``(C) Ensuring that components formally document
fleet management decisions.
``(D) Approving component fleet management plans,
vehicle leases, and vehicle acquisitions.
``(2) Component responsibilities.--
``(A) In general.--Component heads--
``(i) shall--
``(I) comply with Federal law,
Federal regulations, executive branch
guidance, and Department policy
(including guidance relating to such)
relating to fleet management and use of
vehicles from home to work;
``(II) ensure that data related to
fleet management is accurate and
reliable;
``(III) use such data to develop a
vehicle allocation tool derived by
using the standardized vehicle
allocation methodology provided by the
Under Secretary for Management to
determine the optimal fleet size for
the next fiscal year and a fleet
management plan; and
``(IV) use vehicle allocation
methodologies and fleet management
plans to develop annual requests for
funding to support vehicle fleets
pursuant to paragraph (6); and
``(ii) may not, except as provided in
subparagraph (B), lease or acquire new vehicles
or replace existing vehicles without prior
approval from the Under Secretary for
Management pursuant to paragraph (5)(B).
``(B) Exception regarding certain leasing and
acquisitions.--If exigent circumstances warrant such, a
component head may lease or acquire a new vehicle or
replace an existing vehicle without prior approval from
the Under Secretary for Management. If under exigent
circumstances a component head so leases, acquires, or
replaces a vehicle, such component head shall provide
to the Under Secretary an explanation of such
circumstances.
``(3) Ongoing oversight.--
``(A) Quarterly monitoring.--In accordance with
paragraph (4), the Under Secretary for Management shall
collect, on a quarterly basis, information regarding
component vehicle fleets, including information on
fleet size, composition, cost, and vehicle utilization.
``(B) Automated information.--The Under Secretary
for Management shall seek to achieve a capability to
collect, on a quarterly basis, automated information
regarding component vehicle fleets, including the
number of trips, miles driven, hours and days used, and
the associated costs of such mileage for leased
vehicles.
``(C) Monitoring.--The Under Secretary for
Management shall track and monitor component
information provided pursuant to subparagraph (A) and,
as appropriate, subparagraph (B), to ensure that
component vehicle fleets are the optimal fleet size and
cost effective. The Under Secretary shall use such
information to inform the annual component fleet
analyses referred to in paragraph (4).
``(4) Annual review of component fleet analyses.--
``(A) In general.--To determine the optimal fleet
size and associated resources needed for each fiscal
year beginning with fiscal year 2018, component heads
shall annually submit to the Under Secretary for
Management a vehicle allocation tool and fleet
management plan using information described in
paragraph (3)(A). Such tools and plans may be submitted
in classified form if a component head determines that
such is necessary to protect operations or mission
requirements.
``(B) Vehicle allocation tool.--Component heads
develop a vehicle allocation tool in accordance with
subclause (III) of paragraph (2)(A)(i) that includes an
analysis of the following:
``(i) Vehicle utilization data, including
the number of trips, miles driven, hours and
days used, and the associated costs of such
mileage for leased vehicles, in accordance with
such paragraph.
``(ii) The role of vehicle fleets in
supporting mission requirements for each
component.
``(iii) Any other information determined
relevant by such component heads.
``(C) Fleet management plans.--Component heads
shall use information described in subparagraph (B) to
develop a fleet management plan for each such
component. Such fleet management plans shall include
the following:
``(i) A plan for how each such component
may achieve optimal fleet size determined by
the vehicle allocation tool required under such
subparagraph, including the elimination of
excess vehicles in accordance with paragraph
(5), if applicable.
``(ii) A cost benefit analysis supporting
such plan.
``(iii) A schedule each such component will
follow to obtain optimal fleet size.
``(iv) Any other information determined
relevant by component heads.
``(D) Review.--The Under Secretary for Management
shall review and make a determination on the results of
each component's vehicle allocation tool and fleet
management plan under this paragraph to ensure each
such component's vehicle fleets are the optimal fleet
size and that components are in compliance with
applicable Federal law, Federal regulations, executive
branch guidance, and Department policy pursuant to
paragraph (2) relating to fleet management and use of
vehicles from home to work. The Under Secretary shall
use such tools and plans when reviewing annual
component requests for vehicle fleet funding in
accordance with paragraph (6).
``(5) Guidance to develop fleet management plans.--The
Under Secretary for Management shall provide guidance, pursuant
to paragraph (1)(B) on how component heads may achieve optimal
fleet size in accordance with paragraph (4), including
processes for the following:
``(A) Leasing or acquiring additional vehicles or
replacing existing vehicles, if determined necessary.
``(B) Disposing of excess vehicles that the Under
Secretary determines should not be reallocated under
subparagraph (C).
``(C) Reallocating excess vehicles to other
components that may need temporary or long-term use of
additional vehicles.
``(6) Annual review of vehicle fleet funding requests.--As
part of the annual budget process, the Under Secretary for
Management shall review and make determinations regarding
annual component requests for funding for vehicle fleets. If
component heads have not taken steps in furtherance of
achieving optimal fleet size in the prior fiscal year pursuant
to paragraphs (4) and (5), the Under Secretary shall provide
rescission recommendations to the Committee on Appropriations
and the Committee on Homeland Security of the House of
Representatives and the Committee on Appropriations and the
Committee on Homeland Security and Governmental Affairs of the
Senate regarding such component vehicle fleets.
``(7) Accountability for vehicle fleet management.--
``(A) Prohibition on certain new vehicle leases and
acquisitions.--The Under Secretary for Management and
component heads may not approve in any fiscal year
beginning with fiscal year 2019 a vehicle lease,
acquisition, or replacement request if such component
heads did not comply in the prior fiscal year with
paragraph (4).
``(B) Prohibition on certain performance
compensation.--No Department official with vehicle
fleet management responsibilities may receive annual
performance compensation in pay in any fiscal year
beginning with fiscal year 2019 if such official did
not comply in the prior fiscal year with paragraph (4).
``(C) Prohibition on certain car services.--
Notwithstanding any other provision of law, no senior
executive service official of the Department whose
office has a vehicle fleet may receive access to a car
service in any fiscal year beginning with fiscal year
2019 if such official did not comply in the prior
fiscal year with paragraph (4).
``(8) Motor pool.--
``(A) In general.--The Under Secretary for
Management may determine the feasibility of operating a
vehicle motor pool to permit components to share
vehicles as necessary to support mission requirements
to reduce the number of excess vehicles in the
Department.
``(B) Requirements.--The determination of
feasibility of operating a vehicle motor pool under
subparagraph (A) shall--
``(i) include--
``(I) regions in the United States
in which multiple components with
vehicle fleets are located in proximity
to one another, or a significant number
of employees with authorization to use
vehicles are located; and
``(II) law enforcement vehicles;
``(ii) cover the National Capital Region;
and
``(iii) take into account different mission
requirements.
``(C) Report.--The Secretary shall include in the
Department's next annual performance report required
under current law the results of the determination
under this paragraph.
``(9) Definitions.--In this subsection:
``(A) Component head.--The term `component head'
means the head of any component of the Department with
a vehicle fleet.
``(B) Excess vehicle.--The term `excess vehicle'
means any vehicle that is not essential to support
mission requirements of a component.
``(C) Optimal fleet size.--The term `optimal fleet
size' means, with respect to a particular component,
the appropriate number of vehicles to support mission
requirements of such component.
``(D) Vehicle fleet.--The term `vehicle fleet'
means all owned, commercially leased, or Government-
leased vehicles of the Department or of a component of
the Department, as the case may be, including vehicles
used for law enforcement and other purposes.''.
SEC. 2602. GAO REPORT AND INSPECTOR GENERAL REVIEW.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs a report on the following:
(1) The status of efforts at achieving a capability to
collect automated information as required under subsection
(c)(3) of section 701 of the Homeland Security Act of 2002 (6
U.S.C. 341), as added by section 2601 of this title, and any
challenges that remain with respect to achieving the capability
to collect, assess, and report vehicle fleet (as such term in
defined in subsection (c)(9) of such section 701) data for the
purpose of determining vehicle utilization.
(2) The extent to which the Under Secretary for Management
has identified and addressed any relevant security concerns,
including cybersecurity risks, related to such automation.
(3) The extent to which the Under Secretary collects,
assesses, and reports on vehicle fleet event data recorder
data.
(b) Inspector General Review.--The Inspector General of the
Department of Homeland Security shall--
(1) review implementation of subsection (c)(4) of section
701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as
added by section 2601 of this title, for fiscal years 2018 and
2020, and shall provide, upon request, to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate information regarding any such review; and
(2) submit to the committees specified in paragraph (1) a
report, not later than 6 months after completion of the second
review required under such paragraph, regarding the
effectiveness of such subsection with respect to cost
avoidance, savings realized, and component operations.
TITLE XXVI--COUNTERTERRORISM SCREENING AND ASSISTANCE
SEC. 2601. FOREIGN PARTNER ENGAGEMENT PLAN.
(a) Findings.--Consistent with the final report of the Committee on
Homeland Security of the House of Representatives bipartisan ``Task
Force on Combating Terrorist and Foreign Fighter Travel'', Congress
makes the following findings:
(1) It is important for the national security of the United
States to assist foreign partners in closing security gaps
which may allow terrorists and foreign fighters to travel
internationally, avoiding detection.
(2) Building foreign partner capacity to combat terrorist
travel helps extend the United States security beyond its
border to mitigate threats before they reach the United States.
(3) United States Government departments and agencies have
spent billions of dollars to help foreign partners improve
their security against terrorist travel since the attacks of
September 11, 2001, including through the provision of
technical assistance, equipment, training, and other tools.
(4) The lack of a United States Governmentwide, risk-based
approach increases the odds that systematic security gaps
abroad may persist and that United States response efforts will
not be maximized in order to close these gaps.
(5) Failure to effectively coordinate capacity-building
activities also results in greater risk of overlap, waste, and
unnecessary duplication between the United States and
international programs.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government must ensure capacity-building assistance is
coordinated both among United States Government departments and
agencies as well as with foreign implementing partners, and assistance
should be prioritized for the highest-risk countries for travel by
terrorists and foreign fighters.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and every 2 years thereafter at the
time of the President's budget submission to Congress under
section 1105 of title 31, United States Code, until 2022, the
Secretary of State shall, in accordance with the protection of
intelligence sources and methods, develop and submit to the
appropriate congressional committees unclassified and
classified versions of a foreign partner engagement plan which
catalogues existing capacity-building initiatives abroad to
combat travel by terrorists and foreign fighters and identifies
areas for adjustment to align ongoing efforts with risk-based
priorities.
(2) Coordination.--The plan required under paragraph (1)
shall be developed in coordination with all relevant United
States Government departments and agencies and in consultation
with the Secretary of Homeland Security, the Secretary of the
Treasury, the Secretary of Defense, the Attorney General, the
Director of National Intelligence, and the Director of the
Federal Bureau of Investigation.
(3) Contents.--The plan required under paragraph (1)
shall--
(A) include an assessment of all countries and
whether each country is high-risk, medium-risk, or low-
risk for travel by terrorists and foreign fighters
based on the minimum standards described in section
2603(b), as well as--
(i) an identification of the number of
flights that originate from last points of
departure in each country to the United States;
(ii) visa waiver program status or visa
application and denial rates for each country;
(iii) recent threats, terrorist and foreign
fighter travel trends, and the overall terror
threat environment in each country; and
(iv) other criteria as determined by the
Secretary of State and the Secretary of
Homeland Security;
(B) detail existing United States Government
programs, projects, and activities which are intended
to or have the substantial effect of building the
capacity of such countries to combat travel by
terrorists and foreign fighters, including estimated
spending levels by country where practicable; and
(C) outline a plan for prioritizing United States
Government resources toward high-risk and medium-risk
countries, including--
(i) identifying efforts which should be
reformed, consolidated, or eliminated; and
(ii) detailing new programs, projects, or
activities that are requested, being planned,
or are undergoing implementation and associated
costs.
SEC. 2602. SHARING SYSTEMS AND EQUIPMENT TO OBSTRUCT TRAVEL BY
TERRORISTS AND FOREIGN FIGHTERS.
(a) Border Security and Counterterrorism Screening Tools.--
(1) In general.--Subject to subsection (d), the Secretary
of Homeland Security and the Secretary of State shall
accelerate the provision of appropriate versions of the
following systems to foreign governments:
(A) U.S. Customs and Border Protection's Automated
Targeting System--Global.
(B) The Department of State's Personal
Identification Secure Comparison and Evaluation System.
(2) Prioritization.--The Secretary of Homeland Security and
the Secretary of State shall coordinate to prioritize the
provision of the systems specified in paragraph (1) to
countries determined to be high-risk and medium-risk in the
foreign partner engagement plan required under section 2601.
(b) Equipment Transfer.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary of Homeland Security, in consultation with the
Secretary of State, is authorized to provide, with or without
reimbursement, excess nonlethal equipment and supplies owned by
the Department of Homeland Security to a foreign government.
(2) Determination.--The Secretary of Homeland Security is
authorized to provide equipment and supplies pursuant to
paragraph (1) if the Secretary determines that the provision of
such equipment and supplies would--
(A) further the homeland security interests of the
United States; and
(B) enhance the recipient government's capacity
to--
(i) mitigate the risk or threat of
terrorism, infectious disease, or natural
disaster;
(ii) protect and expedite lawful trade and
travel; or
(iii) enforce intellectual property rights.
(3) Limitation on transfer.--The Secretary of Homeland
Security may not--
(A) provide any equipment or supplies that are
designated as items on the United States Munitions List
pursuant to section 38 of the Arms Export Control Act
(22 U.S.C. 2778); or
(B) provide any vessel or aircraft pursuant to this
subsection.
(4) Related training.--In conjunction with a provision of
equipment or supplies pursuant to paragraph (1), the Secretary
of Homeland Security may provide such equipment-related or
supplies-related training and assistance as the Secretary
determines to be necessary.
(5) Maintenance of transferred equipment.--The Secretary of
Homeland Security may provide for the maintenance of
transferred equipment or supplies through service contracts or
other means, with or without reimbursement, as the Secretary
determines appropriate.
(6) Reimbursement of expenses.--The Secretary of Homeland
Security is authorized to collect payment from the recipient
government for the provision of training, shipping costs,
supporting materials, maintenance, supplies, or other
assistance in support of provided equipment or supplies under
this subsection.
(7) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, United States Code,
any amount collected under this subsection--
(A) shall be credited as offsetting collections,
subject to appropriations, to the account that finances
the activities and services for which the payment is
received; and
(B) shall remain available until expended for the
purpose of providing for the security interests of the
homeland.
(8) Rule of construction.--Nothing in this subsection may
be construed as affecting, augmenting, or diminishing the
authority of the Secretary of State.
(9) Definition.--For the purposes of this section, the term
``excess nonlethal equipment and supplies'' means equipment and
supplies the Secretary of Homeland Security has determined is
either not required for United States domestic operations, or
would be more effective to homeland security if deployed for
use outside of the United States.
(c) Notification to Congress.--
(1) In general.--Not later than 15 days before providing
any systems or equipment or supplies under this section, the
Secretary of Homeland Security and Secretary of State shall
provide notification to the appropriate congressional
committees of such provision.
(2) Contents.--A notification required under paragraph (1)
shall include the following:
(A) The specific vulnerability that will be
mitigated by the provision of any systems or equipment
or supplies under this section.
(B) An explanation as to why the recipient is
unable or unwilling to independently acquire such
systems or equipment or supplies.
(C) An evacuation plan for any sensitive
technologies in case of emergency or instability in the
country to which such systems or equipment or supplies
is being provided.
(D) How the United States Government will ensure
that such systems or equipment or supplies are being
maintained appropriately and used as intended.
(E) The total dollar value of such systems,
equipment, and supplies.
(d) Rule of Construction.--
(1) In general.--The authority provided under this section
shall be exercised in accordance with applicable provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
Export Administration Regulations, or any other similar
provision of law.
(2) Definition.--In this subsection, the term ``Export
Administration Regulations'' means--
(A) the Export Administration Regulations as
maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) and codified in subchapter C of chapter
VII of title 15, Code of Federal Regulations; or
(B) any successor regulations.
SEC. 2603. ACTIONS WITH RESPECT TO FOREIGN COUNTRIES THAT FAIL TO MEET
MINIMUM STANDARDS FOR SERIOUS AND SUSTAINED EFFORTS TO
COMBAT TERRORIST AND FOREIGN FIGHTER TRAVEL.
(a) Reports to Congress.--
(1) In general.--Not later than April 30 of each year
through 2021, the Secretary of State, in coordination with the
Secretary of Homeland Security, shall submit to the appropriate
congressional committees a report with respect to the status of
efforts of foreign governments to combat terrorist and foreign
fighter travel. The report shall include the following:
(A) A list of those foreign countries, if any, to
which the minimum standards for serious and sustained
efforts to combat terrorist and foreign fighter travel
as described in subsection (b) are applicable and whose
governments comply with such standards.
(B) A list of those foreign countries, if any, to
which the minimum standards for serious and sustained
efforts to combat terrorist and fighter travel as
described in subsection (b) are applicable and whose
governments do not yet fully comply with such standards
but are making significant efforts to bring themselves
into compliance.
(C) A list of those foreign countries, if any, to
which the minimum standards for serious and sustained
efforts to combat terrorist and foreign fighter travel
as described in subsection (b) are applicable and whose
governments do not fully comply with such standards and
are not making significant efforts to bring themselves
into compliance.
(D) A description for each foreign country
identified in subparagraphs (B) and (C) of the areas in
which the government of the foreign country does not
meet the minimum standards for serious and sustained
efforts to combat terrorist and foreign fighter travel
as described in subsection (b).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex, if necessary.
(3) Inclusion in country reports on terrorism.--To the
maximum extent practicable, the Secretary of State, in
coordination with the Secretary of Homeland Security, should
incorporate the report required by paragraph (1) into the
annual country reports on terrorism submitted pursuant to
section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f).
(b) Minimum Standards Described.--The minimum standards for serious
and sustained efforts to combat terrorist and foreign fighter travel
applicable to the government of a foreign country are the following:
(1) The government of the country makes meaningful efforts
to identify and monitor terrorists and foreign fighters
operating within the territory of the country.
(2) The government of the country regularly exchanges
substantive counterterrorism information with other foreign
governments, including the United States Government, through
bilateral or multilateral channels and international
organizations such as INTERPOL, and cooperates with other
foreign governments in the investigation and prosecution of
terrorists and foreign fighters.
(3) The government of the country implements effective
border controls or participates in an existing border-crossing
control regime that has been determined by the United States
Government to employ effective border-crossing oversight.
(4) The government of the country has controls and systems
in place to prevent and report upon counterfeiting, forgery,
and fraudulent use or possession of false, stolen, or lost
identity papers and travel documents.
(5) The government of the country collects air passenger
data and employs evidence-based traveler risk assessment and
screening procedures, including collection and analysis of
travel data.
(6) The government of the country appropriately screens
travelers, including vetting of travelers at air, sea, and land
ports of entry, against counterterrorism and other criminal
databases, as appropriate.
(7) The government of the country submits information to
INTERPOL databases and screens travelers against INTERPOL
databases at ports of entry and exit.
(8) The government of the country has established and
implemented domestic laws criminalizing material support to
foreign terrorist organizations and has the ability and
willingness to prosecute cases involving such material support
to foreign terrorist organizations.
(9) The government of the country takes measures to prevent
individuals in its territory from traveling abroad to enlist
with or provide material support to foreign terrorist
organizations.
(10) The government of the country takes measures to ensure
a minimal level of corruption and likelihood that corruption
could impact the veracity of security and intelligence
reporting from the country, a minimal likelihood that such
corruption could adversely affect the legitimacy of national
identity papers of the country, and the country does not
shelter suspects from investigation and prosecution.
(11) The government of a country is not determined to be a
high-risk program country under section 217(c)(12) of the
Immigration and Nationality Act (8. U.S.C. 1187(c)(12)).
(c) Suspension of Assistance.--The Secretary of State, in
consultation with the Secretary of Homeland Security and the heads of
other Federal agencies, as appropriate, is authorized to suspend
nonhumanitarian, nontrade-related foreign assistance to any government
of a foreign country if the foreign country is identified in
subparagraph (C) of subsection (a)(1) in the most recent report
submitted to the appropriate congressional committees under such
subsection.
SEC. 2604. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Foreign Affairs of the
House of Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization that is
designated as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(3) Nonhumanitarian, nontrade-related foreign assistance.--
The term ``nonhumanitarian, nontrade-related foreign
assistance'' has the meaning given the term in section 103 of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
SEC. 2605. PROHIBITION ON ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated to carry out
this title.
TITLE XXVII--SOUTHWEST BORDER SECURITY THREAT ASSESSMENT
SEC. 2701. SOUTHWEST BORDER THREAT ANALYSIS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, 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 a southwest border threat analysis that includes the following:
(1) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to--
(A) unlawfully enter the United States through the
southwest border; or
(B) exploit security vulnerabilities along the
southwest border.
(2) An assessment of improvements needed at and between
ports of entry along the southwest border to prevent terrorists
and instruments of terror from entering the United States.
(3) An assessment of gaps in law, policy, and coordination
between State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective and
efficient border security, counterterrorism, and anti-human
smuggling and trafficking efforts.
(4) An assessment of the flow of legitimate trade along the
southwest border.
(5) An assessment of the current percentage of situational
awareness achieved by the Department of Homeland Security along
the southwest border.
(6) An assessment of the current percentage of operational
control (as such term is defined in section 2 of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367))
achieved by the Department of Homeland Security of the
southwest.
(7) An assessment of impact of trusted traveler programs on
border wait times and border security.
(8) An assessment of traveler crossing times and any
potential security vulnerability associated with prolonged wait
times.
(b) Analysis Requirements.--For the southwest border threat
analysis required under subsection (a), the Secretary of Homeland
Security shall consider and examine the following:
(1) Technology needs and challenges, including such needs
and challenges identified as a result of previous investments
that have not fully realized the security and operational
benefits that were sought.
(2) Personnel needs and challenges, including such needs
and challenges associated with recruitment and hiring.
(3) Infrastructure needs and challenges.
(4) The roles and authorities of State, local, and tribal
law enforcement in general border security activities.
(5) The status of coordination among Federal, State, local,
tribal, and Mexican law enforcement entities relating to border
security.
(6) The terrain, population density, and climate along the
southwest border.
(7) International agreements between the United States and
Mexico related to border security.
(c) Classified Threat Analysis.--To the extent possible, the
Secretary of Homeland Security shall submit the southwest border threat
analysis required under subsection (a) in unclassified form. The
Secretary may submit a portion of such threat analysis in classified
form if the Secretary determines such is appropriate.
SEC. 2702. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the submission of
the threat analysis required under section 2701 but not later than June
30, 2017, and every five years thereafter, the Secretary of Homeland
Security, acting through the Chief of U.S. Border Patrol, shall, in
consultation with the Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security, issue a Border Patrol Strategic
Plan.
(b) Contents.--The Border Patrol Strategic Plan required under
subsection (a) shall include, at a minimum, a consideration of the
following:
(1) The southwest border threat analysis required under
section 2701, with an emphasis on efforts to mitigate threats
identified in such threat analysis.
(2) Efforts to analyze and disseminate border security and
border threat information between Department of Homeland
Security border security components and with other appropriate
Federal departments and agencies with missions associated with
the border.
(3) Efforts to increase situational awareness, including
the following:
(A) Surveillance capabilities, including
capabilities developed or utilized by the Department of
Defense, and any appropriate technology determined to
be excess by the Department of Defense.
(B) Use of manned aircraft and unmanned aerial
systems, including camera and sensor technology
deployed on such assets.
(4) Efforts to detect and prevent terrorists and
instruments of terrorism from entering the United States.
(5) Efforts to detect, interdict, and disrupt aliens and
illicit drugs at the earliest possible point.
(6) Efforts to focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United States.
(7) Efforts to ensure that any new border security
technology can be operationally integrated with existing
technologies in use by the Department of Homeland Security.
(8) Technology required to maintain, support, and enhance
security and facilitate trade at ports of entry, including
nonintrusive detection equipment, radiation detection
equipment, biometric technology, surveillance systems, and
other sensors and technology that the Secretary of Homeland
Security determines necessary.
(9) Operational coordination unity of effort initiatives of
the border security components of the Department of Homeland
Security, including any relevant task forces of the Department.
(10) Lessons learned from Operation Jumpstart and Operation
Phalanx.
(11) Cooperative agreements and information sharing with
State, local, tribal, territorial, and other Federal law
enforcement agencies that have jurisdiction on the northern or
southern border.
(12) Border security information received from consultation
with State, local, tribal, territorial, and Federal law
enforcement agencies that have jurisdiction on the northern or
southern border, or in the maritime environment, and from
border community stakeholders (including through public
meetings with such stakeholders), including representatives
from border agricultural and ranching organizations and
representatives from business and civic organizations along the
northern or southern border.
(13) Staffing requirements for all departmental border
security functions.
(14) A prioritized list of departmental research and
development objectives to enhance the security of the southwest
border.
(15) An assessment of training programs, including training
programs regarding the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of enforcement
authorities and the use of force policies.
(C) Screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
(16) An assessment of how border security operations affect
crossing times.
SEC. 2703. DEFINITIONS.
In this title:
(1) Situational awareness.--The term ``situational
awareness'' means a knowledge and unified understanding of
unlawful cross-border activity, including threats and trends
concerning illicit trafficking and unlawful crossings (which
may be used to forecast future shifts in such threats and
trends), and the operational capability to conduct continuous
and integrated surveillance of the international borders of the
United States.
(2) Southwest border.--The term ``southwest border'' means
the land and maritime borders between the United States and
Mexico.
TITLE XXVIII--NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL
SEC. 2801. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL.
(a) Sense of Congress.--It is the sense of Congress that it should
be the policy of the United States to--
(1) continue to regularly assess the evolving terrorist
threat to the United States;
(2) catalogue existing Federal Government efforts to
obstruct terrorist and foreign fighter travel into, out of, and
within the United States, as well as overseas;
(3) identify such efforts that may benefit from reform or
consolidation, or require elimination;
(4) identify potential security vulnerabilities in United
States defenses against terrorist travel; and
(5) prioritize resources to address in a risk-based manner
any such security vulnerabilities.
(b) National Strategy and Updates.--
(1) In general.--In accordance with paragraph (2), the
President shall transmit to the appropriate congressional
committees a national strategy (including, as appropriate,
updates to such strategy) to combat terrorist travel. The
strategy shall address efforts to intercept terrorists and
foreign fighters and constrain the domestic and international
travel of such persons. Consistent with the protection of
classified information, the strategy shall be submitted in
unclassified form, including, as appropriate, a classified
annex.
(2) Timing.--
(A) Initial strategy.--The initial national
strategy required under paragraph (1) shall be
transmitted not later than 180 days after the date of
the enactment of this Act.
(B) Updated strategies.--Updated national
strategies under paragraph (1) shall be transmitted not
later than 180 days after the commencement of a new
Presidential administration.
(3) Coordination.--The President shall direct the Secretary
of Homeland Security to develop the initial national strategy
and updates required under this subsection and shall direct, as
appropriate, the heads of other Federal agencies to coordinate
with the Secretary in the development of such strategy and
updates.
(4) Contents.--The initial national strategy and updates
required under this subsection shall--
(A) include an accounting and description of all
Federal Government programs, projects, and activities
to constrain domestic and international travel by
terrorists and foreign fighters;
(B) identify specific security vulnerabilities
within the United States and abroad that may be
exploited by terrorists and foreign fighters;
(C) delineate goals for--
(i) closing the security vulnerabilities
identified in accordance with subparagraph (B);
and
(ii) enhancing the Federal Government's
ability to constrain domestic and international
travel by terrorists and foreign fighters; and
(D) describe actions to be taken to achieve the
goals delineated in subparagraph (C), as well as the
means needed to do so, including--
(i) steps to reform, improve, and
streamline existing Federal Government efforts
to align with the current threat environment;
(ii) new programs, projects, or activities
that are requested, under development, or
undergoing implementation;
(iii) new authorities or changes in
existing authorities needed from Congress;
(iv) specific budget adjustments being
requested to enhance United States security in
a risk-based manner; and
(v) an identification of Federal
departments and agencies responsible for
specific actions described in this
subparagraph.
(5) Sunset.--The requirement to transmit updated national
strategies under this subsection shall terminate on the date
that is 7 years after the date of the enactment of this Act.
(c) Development of Implementation Plans.--For each national
strategy required under subsection (b), the President shall direct the
Secretary of Homeland Security to develop an implementation plan for
the Department of Homeland Security and coordinate with the heads of
other relevant Federal agencies to ensure the development of
implementing plans for each such agency.
(d) Implementation Plans.--
(1) In general.--The President shall transmit to the
appropriate congressional committees implementation plans for
each national strategy required under subsection (b).
Consistent with the protection of classified information, each
such implementation plan shall be transmitted in unclassified
form, but may include a classified annex.
(2) Timing.--The implementation plans referred to in
paragraph (1) shall be transmitted simultaneously with each
national strategy required under subsection (b). Such
implementation plans shall be updated and transmitted to the
appropriate congressional committees on an annual basis.
(3) Sunset.--The requirement to transmit implementation
plans under paragraph (1) shall terminate on the date that is
10 years after the date of the enactment of this Act.
(e) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this section.
(f) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) in the House of Representatives--
(A) the Committee on Homeland Security;
(B) the Committee on Armed Services;
(C) the Permanent Select Committee on Intelligence;
(D) the Committee on the Judiciary;
(E) the Committee on Foreign Affairs; and
(F) the Committee on Appropriations; and
(2) in the Senate--
(A) the Committee on Homeland Security and
Governmental Affairs;
(B) the Committee on Armed Services;
(C) the Select Committee on Intelligence;
(D) the Committee on the Judiciary;
(E) the Committee on Foreign Relations; and
(F) the Committee on Appropriations.
TITLE XXIX--STATE AND HIGH-RISK URBAN AREA WORKING GROUP
SEC. 2901. ADMINISTRATION AND COORDINATION OF CERTAIN DHS GRANTS.
Subsection (b) of section 2021 of the Homeland Security Act of 2002
(6 U.S.C. 611) is amended to read as follows:
``(b) Planning Committees.--
``(1) In general.--Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall establish a
State planning committee or urban area working group to assist
in preparation and revision of the State, regional, or local
homeland security plan or the threat and hazard identification
and risk assessment, as the case may be, and to assist in
determining effective funding priorities for grants under such
sections.
``(2) Composition.--
``(A) In general.--The State planning committees
and urban area working groups referred to in paragraph
(1) shall include at least one representative from each
of the following significant stakeholders:
``(i) Local or tribal government officials.
``(ii) Emergency response providers, which
shall include representatives of the fire
service, law enforcement, emergency medical
services, and emergency managers.
``(iii) Public health officials and other
appropriate medical practitioners.
``(iv) Individuals representing educational
institutions, including elementary schools,
community colleges, and other institutions of
higher education.
``(v) State and regional interoperable
communications coordinators, as appropriate.
``(vi) State and major urban area fusion
centers, as appropriate.
``(B) Geographic representation.--The members of
the State planning committee or urban area working
group, as the case may be, shall be a representative
group of individuals from the counties, cities, towns,
and Indian tribes within the State or high-risk urban
area, including, as appropriate, representatives of
rural, high-population, and high-threat jurisdictions.
``(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State or high-
risk urban area create a State planning committee or urban area
working group, as the case may be, if that State or high-risk
urban area has established and uses a multijurisdictional
planning committee or commission that meets the requirements of
this subsection.''.
TITLE XXX--STATE AND LOCAL CYBER PROTECTION
SEC. 3001. STATE AND LOCAL COORDINATION ON CYBERSECURITY WITH THE
NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION
CENTER.
(a) In General.--The second section 226 of the Homeland Security
Act of 2002 (6 U.S.C. 148; relating to the national cybersecurity and
communications integration center) is amended by adding at the end the
following new subsection:
``(g) State and Local Coordination on Cybersecurity.--
``(1) In general.--The Center shall, to the extent
practicable--
``(A) assist State and local governments, upon
request, in identifying information system
vulnerabilities;
``(B) assist State and local governments, upon
request, in identifying information security
protections commensurate with cybersecurity risks and
the magnitude of the potential harm resulting from the
unauthorized access, use, disclosure, disruption,
modification, or destruction of--
``(i) information collected or maintained
by or on behalf of a State or local government;
or
``(ii) information systems used or operated
by an agency or by a contractor of a State or
local government or other organization on
behalf of a State or local government;
``(C) in consultation with State and local
governments, provide and periodically update via a web
portal tools, products, resources, policies,
guidelines, and procedures related to information
security;
``(D) work with senior State and local government
officials, including State and local Chief Information
Officers, through national associations to coordinate a
nationwide effort to ensure effective implementation of
tools, products, resources, policies, guidelines, and
procedures related to information security to secure
and ensure the resiliency of State and local
information systems;
``(E) provide, upon request, operational and
technical cybersecurity training to State and local
government and fusion center analysts and operators to
address cybersecurity risks or incidents;
``(F) provide, in coordination with the Chief
Privacy Officer and the Chief Civil Rights and Civil
Liberties Officer of the Department, privacy and civil
liberties training to State and local governments
related to cybersecurity;
``(G) provide, upon request, operational and
technical assistance to State and local governments to
implement tools, products, resources, policies,
guidelines, and procedures on information security by--
``(i) deploying technology to assist such
State or local government to continuously
diagnose and mitigate against cyber threats and
vulnerabilities, with or without reimbursement;
``(ii) compiling and analyzing data on
State and local information security; and
``(iii) developing and conducting targeted
operational evaluations, including threat and
vulnerability assessments, on the information
systems of State and local governments;
``(H) assist State and local governments to develop
policies and procedures for coordinating vulnerability
disclosures, to the extent practicable, consistent with
international and national standards in the information
technology industry, including standards developed by
the National Institute of Standards and Technology; and
``(I) ensure that State and local governments, as
appropriate, are made aware of the tools, products,
resources, policies, guidelines, and procedures on
information security developed by the Department and
other appropriate Federal departments and agencies for
ensuring the security and resiliency of Federal
civilian information systems.
``(2) Training.--Privacy and civil liberties training
provided pursuant to subparagraph (F) of paragraph (1) shall
include processes, methods, and information that--
``(A) are consistent with the Department's Fair
Information Practice Principles developed pursuant to
section 552a of title 5, United States Code (commonly
referred to as the `Privacy Act of 1974' or the
`Privacy Act');
``(B) reasonably limit, to the greatest extent
practicable, the receipt, retention, use, and
disclosure of information related to cybersecurity
risks and incidents associated with specific persons
that is not necessary, for cybersecurity purposes, to
protect an information system or network of information
systems from cybersecurity risks or to mitigate
cybersecurity risks and incidents in a timely manner;
``(C) minimize any impact on privacy and civil
liberties;
``(D) provide data integrity through the prompt
removal and destruction of obsolete or erroneous names
and personal information that is unrelated to the
cybersecurity risk or incident information shared and
retained by the Center in accordance with this section;
``(E) include requirements to safeguard cyber
threat indicators and defensive measures retained by
the Center, including information that is proprietary
or business-sensitive that may be used to identify
specific persons from unauthorized access or
acquisition;
``(F) protect the confidentiality of cyber threat
indicators and defensive measures associated with
specific persons to the greatest extent practicable;
and
``(G) ensure all relevant constitutional, legal,
and privacy protections are observed.''.
(b) Congressional Oversight.--Not later than 2 years after the date
of the enactment of this Act, the national cybersecurity and
communications integration center of the Department of Homeland
Security 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 activities and
effectiveness of such activities under subsection (g) of the second
section 226 of the Homeland Security Act of 2002 (6 U.S.C. 148;
relating to the national cybersecurity and communications integration
center), as added by subsection (a) of this section, on State and local
information security. The center shall seek feedback from State and
local governments regarding the effectiveness of such activities and
include such feedback in the information required to be provided under
this subsection.
TITLE XXXI--FUSION CENTER ENHANCEMENT
SEC. 3101. 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
new sentence: ``Beginning on the date of the enactment of the
Fusion Center Enhancement Act of 2015, 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 and
intelligence advice and assistance to the National Network of
Fusion Centers;
``(2) support the integration of fusion centers into the
information sharing environment;
``(3) support the maturation and sustainment of the
National Network of Fusion Centers;
``(4) reduce inefficiencies and maximize the effectiveness
of Federal resource support to the National Network of Fusion
Centers;
``(5) provide analytic and reporting advice and assistance
to the National Network of Fusion Centers;
``(6) review information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information, that is gathered by the National
Network of Fusion Centers and incorporate such information, as
appropriate, into the Department's own such information;
``(7) provide for the effective dissemination of
information within the scope of the information sharing
environment to the National Network of Fusion Centers;
``(8) facilitate close communication and coordination
between the National Network of Fusion Centers and the
Department and other Federal departments and agencies;
``(9) provide the National Network of Fusion Centers with
expertise on Department resources and operations;
``(10) coordinate the provision of training and technical
assistance to the National Network of Fusion Centers and
encourage such fusion centers to participate in terrorism
threat-related exercises conducted by the Department;
``(11) ensure, to the greatest extent practicable, that
support for the National Network of Fusion Centers is included
as a national priority in applicable homeland security grant
guidance;
``(12) 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;
``(13) coordinate the nationwide suspicious activity report
initiative to ensure information gathered by the National
Network of Fusion Centers is incorporated as appropriate;
``(14) lead Department efforts to ensure fusion centers in
the National Network of Fusion Centers are the primary focal
points for the sharing of homeland security information,
terrorism information, and weapons of mass destruction
information with State and local entities to the greatest
extent practicable;
``(15) 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; and
``(16) carry out such other duties as the Secretary
determines appropriate.'';
(4) in subsection (c)--
(A) by striking so much as precedes paragraph
(3)(B) and inserting the following:
``(c) Resource Allocation.--
``(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 Department's mission and existing statutory
limits.
``(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.--
``(A) In general.--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:
``(i) The Office of Intelligence and
Analysis.
``(ii) The Office of Infrastructure
Protection.
``(iii) The Transportation Security
Administration.
``(iv) U.S. Customs and Border Protection.
``(v) U.S. Immigration and Customs
Enforcement.
``(vi) The Coast Guard.
``(vii) Other components or offices of the
Department, as determined by the Secretary.
``(B) Coordination with other federal agencies.--
The Under Secretary for Intelligence and Analysis shall
coordinate with appropriate officials throughout the
Federal Government to ensure the deployment to fusion
centers in the National Network of Fusion Centers of
representatives with relevant expertise of other
Federal departments and agencies.
``(3) Resource allocation criteria.--
``(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
(B) 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) in paragraph (4)--
(i) by striking ``government'' and
inserting ``governments''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) utilize 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 deployed personnel, under this section from U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and the Coast Guard to support fusion centers in
the National Network of Fusion Centers located in jurisdictions
along land or maritime borders of the United States in order to
enhance the integrity of and security at such borders by
helping Federal, State, local, tribal, and territorial law
enforcement authorities to identify, investigate, and otherwise
interdict 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'';
(7) in subsection (j)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) 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) Accountability Report.--Not later than 1 year after the date of
the enactment of this Act and annually thereafter through 2022, 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
efforts of the Office of Intelligence and Analysis of the Department
and other relevant components and offices of the Department to enhance
support provided to fusion centers in the National Network of Fusion
Centers, including meeting the requirements specified in section 210A
of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by
subsection (a) of this section.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 210A and
inserting the following new item:
``Sec. 210A. Department of Homeland Security Fusion Centers
Initiative.''.
(d) Reference.--Any reference in any law, rule, or regulation to
the ``Department of Homeland Security State, Local, and Regional Fusion
Center Initiative'' shall be deemed to be a reference to the
``Department of Homeland Security Fusion Center Initiative''.
TITLE XXXII--TRANSPORTATION SECURITY ADMINISTRATION REFORM AND
IMPROVEMENT
SEC. 3201. DEFINITIONS.
In this title:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean the Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) 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. 3003(4)).
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Secure flight.--The term ``Secure Flight'' means the
Administration's watchlist matching program.
Subtitle A--Aviation Security
SEC. 3211. TSA PRECHECK.
(a) TSA PreCheck.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall--
(1) ensure that all screening of passengers and their
accessible property shall be conducted in a risk-based,
intelligence-driven manner with consideration given to the
privacy and civil liberties of such passengers; and
(2) operate a trusted passenger screening program known as
``TSA PreCheck'' that provides expedited screening for low-risk
passengers and their accessible property based on a
comprehensive and continuous analysis of factors specified in
subsection (b).
(b) Factors.--Factors referred to in subsection (a)(2) shall
include the following:
(1) Whether passengers described in such subsection are
members of other trusted traveler programs of the Department.
(2) Whether such passengers are traveling pursuant to
subsection (m) of section 44903 of title 49, United States Code
(as established under the Risk-Based Security for Members of
the Armed Forces Act (Public Law 112-86)), section 44927 of
such title (as established under the Helping Heroes Fly Act
(Public Law 113-27)), or section 44928 of such title (as
established under the Honor Flight Act (Public Law 113-221)).
(3) Whether such passengers possess an active security
clearance or other credential issued by the Federal Government
for which TSA has conducted a written threat assessment and
determined that such passengers present a low risk to
transportation or national security.
(4) Whether such passengers are members of a population for
whom TSA has conducted a written security threat assessment,
determined that such population poses a low risk to
transportation or national security, and has issued such
passengers a known traveler number.
(5) The ability of the Administration to verify such
passengers' identity and whether such passengers pose a risk to
aviation security.
(6) Threats to transportation or national security as
identified by the intelligence community and law enforcement
community.
(c) Enrollment Expansion.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall publish
PreCheck application enrollment standards to add multiple
private sector application capabilities for the TSA PreCheck
program to increase the public's enrollment access to such
program, including standards that allow the use of secure
technologies, including online enrollment, kiosks, tablets, or
staffed computer stations at which individuals can apply for
entry into such program.
(2) Requirements.--Upon publication of the PreCheck program
application enrollment standards pursuant to paragraph (1), the
Administrator shall--
(A) coordinate with interested parties to deploy
TSA-approved ready-to-market private sector solutions
that meet the TSA PreCheck application enrollment
standards described in paragraph (1), make available
additional PreCheck enrollment capabilities, and offer
secure online and mobile enrollment opportunities;
(B) partner with the private sector to collect
biographic and biometric identification information via
kiosks, mobile devices, or other mobile enrollment
platforms to reduce the number of instances in which
passengers need to travel to enrollment centers;
(C) ensure that the kiosks, mobile devices, or
other mobile enrollment platforms referred to in
subparagraph (E) are secure and not vulnerable to data
breaches;
(D) ensure that any biometric and biographic
information is collected in a manner which is
comparable with the National Institute of Standards and
Technology standards and ensures privacy and data
security protections, including that applicants'
personally identifiable information is collected,
retained, used, and shared in a manner consistent with
section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''), and agency
regulations;
(E) ensure that an individual who wants to enroll
in the PreCheck program and has started an application
with a single identification verification at one
location will be able to save such individual's
application on any kiosk, personal computer, mobile
device, or other mobile enrollment platform and be able
to return within a reasonable time to submit a second
identification verification; and
(F) ensure that any enrollment expansion using a
private sector risk assessment instead of a
fingerprint-based criminal history records check is
determined, by the Secretary of Homeland Security, to
be equivalent to a fingerprint-based criminal history
records check conducted through the Federal Bureau of
Investigation.
(3) Marketing of precheck program.--Upon publication of
PreCheck program application enrollment standards pursuant to
paragraph (1), the Administrator shall--
(A) in accordance with such standards, develop and
implement--
(i) a process, including an associated
timeframe, for approving private sector
marketing of the TSA PreCheck program; and
(ii) a strategy for partnering with the
private sector to encourage enrollment in such
program; and
(B) submit to Congress a report on any PreCheck
fees collected in excess of the costs of administering
such program, including recommendations for using such
amounts to support marketing of such program under this
subsection.
(4) Identity verification enhancement.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall--
(A) coordinate with the heads of appropriate
components of the Department to leverage Department-
held data and technologies to verify the citizenship of
individuals enrolling in the TSA PreCheck program; and
(B) partner with the private sector to use advanced
biometrics and standards comparable with National
Institute of Standards and Technology standards to
facilitate enrollment in such program.
(5) Precheck lane operation.--The Administrator shall--
(A) ensure that TSA PreCheck screening lanes are
open and available during peak and high-volume travel
times at airports to individuals enrolled in the
PreCheck program; and
(B) make every practicable effort to provide
expedited screening at standard screening lanes during
times when PreCheck screening lanes are closed to
individuals enrolled in such program in order to
maintain operational efficiency.
(6) Vetting for precheck participants.--Not later than 90
days after the date of the enactment of this Act, the
Administrator shall initiate an assessment of the security
vulnerabilities in the vetting process for the PreCheck program
that includes an evaluation of whether subjecting PreCheck
participants to recurrent fingerprint-based criminal history
records checks, in addition to recurrent checks against the
terrorist watchlist, could be done in a cost-effective manner
to strengthen the security of the PreCheck program.
SEC. 3212. PRECHECK AND GENERAL PASSENGER BIOMETRIC IDENTIFICATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall conduct a pilot project to
establish a secure, automated, biometric-based system at airports to
verify the identity of passengers who are members of TSA PreCheck. Such
system shall--
(1) reduce the need for security screening personnel to
perform travel document verification for individuals enrolled
in TSA PreCheck;
(2) reduce the average wait time of individuals enrolled in
TSA PreCheck;
(3) reduce overall operating expenses of the
Administration;
(4) be integrated with the Administration's watch list and
trusted traveler matching program;
(5) be integrated with other checkpoint technologies to
further facilitate risk-based passenger screening at the
checkpoint, to the extent practicable and consistent with
security standards; and
(6) consider capabilities and policies of U.S. Customs and
Border Protection's Global Entry Program, as appropriate.
(b) Establishment of Screening System for Certain Passengers.--
Section 44901 of title 49, United States Code is amended--
(1) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Establishment of Screening System for Certain Passengers.--
Not later than December 31, 2017, in accordance with the requirements
of the Transportation Security Administration Reform and Improvement
Act of 2015, the Administrator of the Transportation Security
Administration shall establish a secure, automated system at all large
hub airports for verifying travel and identity documents of passengers
who are not members of the Administration's risk-based aviation
passenger screening program, known as `TSA PreCheck'. Such system
shall--
``(1) assess the need for security screening personnel to
perform travel document verification for such passengers,
thereby assessing the overall number of such screening
personnel;
``(2) assess the average wait time of such passengers;
``(3) assess overall operating expenses of the
Administration;
``(4) be integrated with the Administration's watch list
matching program; and
``(5) be integrated with other checkpoint technologies to
further facilitate risk-based passenger screening at the
checkpoint, to the extent practicable and consistent with
security standards.''.
SEC. 3213. LIMITATION; PRECHECK OPERATIONS MAINTAINED; ALTERNATE
METHODS.
(a) In General.--Except as provided in subsection (c), the
Administrator shall direct that access to expedited airport security
screening at an airport security checkpoint be limited to only the
following:
(1) A passenger who voluntarily submits biographic and
biometric information for a security risk assessment and whose
application for the PreCheck program has been approved, or a
passenger who is a participant in another trusted or registered
traveler program of the Department.
(2) A passenger traveling pursuant to section 44903 of
title 49, United States Code (as established under the Risk-
Based Security for Members of the Armed Forces Act (Public Law
112-86)), section 44927 of such title (as established under the
Helping Heroes Fly Act (Public Law 113-27)), or section 44928
of such title (as established under the Honor Flight Act
(Public Law 113-221)).
(3) A passenger who did not voluntarily submit biographic
and biometric information for a security risk assessment but is
a member of a population designated by the Administrator as
known and low-risk and who may be issued a unique, known
traveler number by the Administrator determining that such
passenger is a member of a category of travelers designated by
the Administrator as known and low-risk.
(b) PreCheck Operations Maintained.--In carrying out subsection
(a), the Administrator shall ensure that expedited airport security
screening remains available to passengers at or above the level that
exists on the day before the date of the enactment of this Act.
(c) Frequent Fliers.--If the Administrator determines that such is
appropriate, the implementation of subsection (a) may be delayed by up
to 1 year with respect to the population of passengers who did not
voluntarily submit biographic and biometric information for security
risk assessments but who nevertheless receive expedited airport
security screening because such passengers are designated as frequent
fliers by air carriers. If the Administrator uses the authority
provided by this subsection, the Administrator shall notify the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate of
such phased-in implementation.
(d) Alternate Methods.--The Administrator may provide access to
expedited airport security screening to additional passengers pursuant
to an alternate method upon the submission to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of an independent assessment
of the security effectiveness of such alternate method that is
conducted by an independent entity that determines that such alternate
method is designed to--
(1) reliably and effectively identify passengers who likely
pose a low risk to the United States aviation system;
(2) mitigate the likelihood that a passenger who may pose a
security threat to the United States aviation system is
selected for expedited security screening; and
(3) address known and evolving security risks to the United
States aviation system.
(e) Information Sharing.--The Administrator shall provide to the
entity conducting the independent assessment under subsection (d)
effectiveness testing results that are consistent with established
evaluation design practices, as identified by the Comptroller General
of the United States.
(f) Reporting.--Not later than 3 months after the date of the
enactment of this Act and annually thereafter, the Administrator shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the percentage of all passengers who
are provided expedited security screening, and of such passengers so
provided, the percentage who are participants in the PreCheck program
(who have voluntarily submitted biographic and biometric information
for security risk assessments), the percentage who are participants in
another trusted traveler program of the Department, the percentage who
are participants in the PreCheck program due to the Administrator's
issuance of known traveler numbers, and for the remaining percentage of
passengers granted access to expedited security screening in PreCheck
security lanes, information on the percentages attributable to each
alternative method utilized by the Administration to direct passengers
to expedited airport security screening at PreCheck security lanes.
(g) Rule of Construction.--Nothing in this section may be construed
to--
(1) authorize or direct the Administrator to reduce or
limit the availability of expedited security screening at an
airport; or
(2) limit the authority of the Administrator to use
technologies and systems, including passenger screening canines
and explosives trace detection, as a part of security screening
operations.
SEC. 3214. SECURE FLIGHT PROGRAM.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall--
(1) develop a process for regularly evaluating the root
causes of screening errors at checkpoints across airports so
that corrective measures are able to be identified;
(2) implement such corrective measures to address the root
causes of such screening errors occurring at the checkpoint;
(3) develop additional measures to address key performance
aspects related to the Secure Flight program goals and ensure
that such measures clearly identify activities necessary to
achieve progress towards such goals;
(4) develop a mechanism to systematically document the
number and causes of Secure Flight program matching errors for
the purpose of improving program performance and provide
program managers with timely and reliable information;
(5) provide job-specific privacy refresher training for
Secure Flight program staff to further protect personally
identifiable information in the Secure Flight system program;
and
(6) develop a mechanism to comprehensively document and
track key Secure Flight program privacy issues and decisions to
ensure the Secure Flight program has complete information for
effective oversight of its privacy controls.
SEC. 3215. EFFICIENCY REVIEW BY TSA.
(a) Review Required.--Not later than 270 days after the date of the
enactment of this Act, the Administrator shall conduct and complete a
comprehensive, agency-wide efficiency review of the Administration to
identify spending reductions and administrative savings through the
streamlining and any necessary restructuring of agency divisions to
make the Administration more efficient. In carrying out the review
under this section, the Administrator shall consider each of the
following:
(1) The elimination of any duplicative or overlapping
programs and initiatives that can be streamlined.
(2) The elimination of any unnecessary or obsolete rules,
regulations, directives, or procedures.
(3) Any other matters the Administrator determines are
appropriate.
(b) Report to Congress.--Not later than 30 days after the
completion of the efficiency review required under subsection (a), the
Administrator shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that specifies the results and
cost savings expected to be achieved through such efficiency review.
Such report shall also include information relating to how the
Administration may use efficiencies identified through such efficiency
review to provide funding to reimburse airports that incurred eligible
costs for in-line baggage screening systems.
SEC. 3216. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED
STATES.
(a) In General.--The Administrator is authorized to donate security
screening equipment to a foreign last-point-of-departure airport
operator if such equipment can be reasonably expected to mitigate a
specific vulnerability to the security of the United States or United
States citizens.
(b) Report to Congress.--Not later than 30 days before any donation
of equipment under this section, the Administrator shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
detailed written explanation of--
(1) the specific vulnerability to the United States that
will be mitigated with such donation;
(2) an explanation as to why the recipient is unable or
unwilling to purchase equipment to mitigate such threat;
(3) an evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made;
(4) how the Administration will ensure the equipment that
is being donated is used and maintained over the course of its
life by the recipient; and
(5) the total dollar value of such donation.
SEC. 3217. REVIEW OF SUSTAINED SECURITY DIRECTIVES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, for any security
directive that has been in effect for longer than 1 year, the
Administrator shall review the necessity of such directives, from a
risk-based perspective.
(b) Briefing to Congress.--Upon completion of each review pursuant
to subsection (a), the Administrator shall brief the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on--
(1) any changes being made to existing security directives
as a result of each such review;
(2) the specific threat that is being mitigated by any such
directive that will remain in effect; and
(3) the planned disposition of any such directive.
SEC. 3218. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following:
``Subtitle C--Maintenance of Security-Related Technology
``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this subtitle, the Administrator shall develop and
implement a preventive maintenance validation process for security-
related technology deployed to airports.
``(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at airports,
the process referred to in subsection (a) shall include the following:
``(1) Guidance to Administration personnel, equipment
maintenance technicians, and other personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
``(c) Maintenance by Contractors at Airports.--For maintenance to
be carried out by a contractor at airports, the process referred to in
subsection (a) shall require the following:
``(1) Provision of monthly preventive maintenance schedules
to appropriate Administration personnel at each airport that
includes information on each action to be completed by a
contractor.
``(2) Notification to appropriate Administration personnel
at each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall require
maintenance contracts for security-related technology deployed to
airports to include penalties for noncompliance when it is determined
that either preventive or corrective maintenance has not been completed
according to contractual requirements and manufacturers'
specifications.''.
(b) Inspector General Assessment.--Not later than 1 year after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall assess implementation of the
requirements under section 1621 of the Homeland Security Act of 2002
(as added by subsection (a) of this section), and provide findings and
recommendations with respect to the provision of training to
Administration personnel, equipment maintenance technicians, and other
personnel under such section 1621 and the availability and utilization
of equipment maintenance technicians employed by the Administration.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1616 the following:
``Subtitle C--Maintenance of Security-Related Technology
``Sec. 1621. Maintenance validation and oversight.''.
SEC. 3219. VETTING OF AVIATION WORKERS.
(a) In General.--Subtitle A of title XVI of the Homeland Security
Act of 2002 (6 U.S.C. 561 et seq.) is amended by adding after section
1601 the following new section:
``SEC. 1602. VETTING OF AVIATION WORKERS.
``(a) In General.--By not later than December 31, 2015, the
Administrator, in coordination with the Assistant Secretary for Policy
of the Department, shall request from the Director of National
Intelligence access to additional data from the Terrorist Identities
Datamart Environment (TIDE) data and any or other terrorism-related
information to improve the effectiveness of the Administration's
credential vetting program for individuals with unescorted access to
sensitive areas of airports.
``(b) Security Inspection.--By not later than December 31, 2015,
the Administrator shall issue guidance for Transportation Security
Inspectors to annually review airport badging office procedures for
applicants seeking access to sensitive areas of airports. Such guidance
shall include a comprehensive review of applicants' Criminal History
Records Check (CHRC) and work authorization documentation during the
course of an inspection.
``(c) Information Sharing.--By not later than December 31, 2015,
the Administrator may conduct a pilot program of the Rap Back Service,
in coordination with the Director of the Federal Bureau of
Investigation, to determine the feasibility of full implementation of a
service through which the Administrator would be notified of a change
in status of an individual holding a valid credential granting
unescorted access to sensitive areas of airports across eligible
Administration-regulated populations.
``(d) Procedures.--The pilot program under subsection (c) shall
evaluate whether information can be narrowly tailored to ensure that
the Administrator only receives notification of a change with respect
to a disqualifying offense under the credential vetting program under
subsection (a), as specified in 49 CFR 1542.209, and in a manner that
complies with current regulations for fingerprint-based criminal
history records checks. The pilot program shall be carried out in a
manner so as to ensure that, in the event that notification is made
through the Rap Back Service of a change but a determination of arrest
status or conviction is in question, the matter will be handled in a
manner that is consistent with current regulations. The pilot program
shall also be carried out in a manner that is consistent with current
regulations governing an investigation of arrest status, correction of
Federal Bureau of Investigation records and notification of
disqualification, and corrective action by the individual who is the
subject of an inquiry.
``(e) Determination and Submission.--If the Administrator
determines that full implementation of the Rap Back Service is feasible
and can be carried out in a manner that is consistent with current
regulations for fingerprint-based criminal history checks, including
the rights of individuals seeking credentials, the Administrator shall
submit such determination, in writing, to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate, together with information on
the costs associated with such implementation, including the costs
incurred by the private sector. In preparing this determination, the
Administrator shall consult with the Chief Civil Rights and Civil
Liberties Officer of the Department to ensure that protocols are in
place to align the period of retention of personally identifiable
information and biometric information, including fingerprints, in the
Rap Back Service with the period in which the individual who is the
subject of an inquiry has a valid credential.
``(f) Credential Security.--By not later than September 30, 2015,
the Administrator shall issue guidance to airports mandating that all
federalized airport badging authorities place an expiration date on
airport credentials commensurate with the period of time during which
an individual is lawfully authorized to work in the United States.
``(g) Aviation Worker Lawful Status.--By not later than December
31, 2015, the Administrator shall review the denial of credentials due
to issues associated with determining an applicant's lawful status in
order to identify airports with specific weaknesses and shall
coordinate with such airports to mutually address such weaknesses, as
appropriate.
``(h) Reports to Congress.--Upon completion of the determinations
and reviews required under this section, the Administrator shall brief
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 and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
such determinations and reviews.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1601 the following new item:
``Sec. 1602. Vetting of aviation workers.''.
(c) Status Update on Rap Back Service Pilot Program.--Not later
than 60 days after the date of the enactment of this Act, the
Administrator of the Transportation Security Administration shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the status of plans to conduct a pilot program
in coordination with the Federal Bureau of Investigation of the Rap
Back Service in accordance with subsection (c) of section 1602 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section. The report shall include details on the business, technical,
and resource requirements for the Transportation Security
Administration and pilot program participants, and provide a timeline
and goals for the pilot program.
SEC. 3220. AVIATION SECURITY ADVISORY COMMITTEE CONSULTATION.
(a) In General.--The Administrator shall consult, to the extent
practicable, with the Aviation Security Advisory Committee (established
pursuant to section 44946 of title 49 of the United States Code)
regarding any modification to the prohibited item list prior to issuing
a determination about any such modification.
(b) Report on the Transportation Security Oversight Board.--Not
later than 120 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Transportation
Security Oversight Board (established pursuant to section 115 of title
49, United States Code), the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes general information
on how often the Board has met, the current composition of the Board,
and what activities the Board has undertaken, consistent with the
duties specified in subsection (c) of such section. The Secretary may
include in such report recommendations for changes to such section in
consideration of the provisions of section 44946 of title 49, United
States Code.
(c) Technical Correction.--Subparagraph (A) of section 44946(c)(2)
of title 49, United States Code, is amended to read as follows:
``(A) Terms.--The term of each member of the
Advisory Committee shall be 2 years but may continue
until such time as a successor member begins serving on
the Advisory Committee. A member of the Advisory
Committee may be reappointed.''.
(d) Definition.--In this section, the term ``prohibited item list''
means the list of items passengers are prohibited from carrying as
accessible property or on their persons through passenger screening
checkpoints at airports, into sterile areas at airports, and on board
passenger aircraft, pursuant to section 1540.111 of title 49, Code of
Federal Regulations (as in effect on January 1, 2015).
SEC. 3221. PRIVATE CONTRACTOR CANINE EVALUATION AND INTEGRATION PILOT
PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall establish a pilot
program to evaluate the use, effectiveness, and integration of
privately operated explosives detection canine teams using both the
passenger screening canine and traditional explosives detection canine
methods.
(b) Elements.--The pilot program under subsection (a) shall include
the following elements:
(1) A full-time presence in three Category X, two Category
I, and one Category II airports.
(2) A duration of at least 12 months from the time private
contractor teams are operating at full capacity.
(3) A methodology for evaluating how to integrate private
contractor teams into the checkpoint area to detect explosive
devices missed by mechanical or human error at other points in
the screening process.
(4) Covert testing with inert improvised explosive devices
and accurately recreated explosives odor traces to determine
the relative effectiveness of a full-time canine team in
strengthening checkpoint security.
(c) Quarterly Updates.--The Administrator 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
written updates on the procurement, deployment, and evaluation process
related to the implementation of the pilot program under subsection (a)
for every calendar quarter after the date of the enactment of this Act.
(d) Final Report.--Not later than 90 days after the completion of
the pilot program under subsection (a), the Administrator 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 final report on such pilot program.
(e) Funding.--Out of funds made available to the Office of the
Secretary of Homeland Security, $6,000,000 is authorized to be used to
carry out this section.
SEC. 3222. COVERT TESTING AT AIRPORTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter through 2020, the
Administrator shall conduct covert testing on an ongoing basis to test
vulnerabilities and identify weaknesses in the measures used to secure
the aviation system of the United States. The Administrator shall, on a
quarterly basis if practicable, provide to the Inspector General of the
Department such testing results, methodology, and data.
(b) Elements.--In carrying out the covert testing required under
subsection (a), the Administrator shall--
(1) consider security screening and procedures conducted by
TSA;
(2) use available threat information and intelligence to
determine the types and sizes of simulated threat items and
threat item-body location configurations for such covert
testing;
(3) use a risk-based approach to determine the location and
number of such covert testing;
(4) conduct such covert testing without notifying personnel
at airports prior to such covert testing; and
(5) identify reasons for failure when TSA personnel or the
screening equipment used do not identify and resolve any threat
item used during such a covert test.
(c) Independent Review.--The Inspector General of the Department
shall conduct covert testing of the aviation system of the United
States in addition to the covert testing conducted by the Administrator
under subsection (a), as appropriate, and analyze TSA covert testing
results, methodology, and data provided pursuant to such subsection to
determine the sufficiency of TSA covert testing protocols. The
Inspector General shall, as appropriate, compare testing results of any
additional covert testing conducted pursuant to this subsection with
the results of TSA covert testing under subsection (a) to determine
systemic weaknesses in the security of the aviation system of the
United States.
(d) Corrective Action.--Not later than 30 days upon completion of
any covert testing under subsection (a), the Administrator shall make
recommendations and implement corrective actions to mitigate
vulnerabilities identified by such covert testing and shall notify the
Inspector General of the Department of such recommendations and
actions. The Inspector General shall review the extent to which such
recommendations and actions are implemented and the degree to which
such recommendations and actions improve the security of the aviation
system of the United States.
(e) Congressional Notification.--
(1) By the administrator.--Not later than 30 days upon
completion of any covert testing under subsection (a), the
Administrator shall brief the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the
results of such covert testing.
(2) By the inspector general of the department.--The
Inspector General shall brief the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate annually on
the requirements specified in this section.
(f) Rule of Construction.--Nothing in this section may be construed
to prohibit the Administrator or the Inspector General of the
Department from conducting covert testing of the aviation system of the
United States with greater frequency than required under this section.
SEC. 3223. TRAINING FOR TRANSPORTATION SECURITY OFFICERS.
The Administrator shall, on a periodic basis, brief the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate on the status of
efforts to enhance initial and recurrent training of Transportation
Security Officers.
Subtitle B--Surface Transportation Security and Other Matters
SEC. 3231. SURFACE TRANSPORTATION INSPECTORS.
(a) In General.--Section 1304(d) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113;
Public Law 110-53) is amended--
(1) by inserting ``surface'' after ``relevant''; and
(2) by striking ``, as determined appropriate''.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and Transportation of
the Senate a report on the efficiency and effectiveness of the
Administration's Surface Transportation Security Inspectors Program
under subsection (d) of section 1304 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113;
Public Law 110-53).
(c) Contents.--The report required under subsection (b) shall
include a review of the following:
(1) The roles and responsibilities of surface
transportation security inspectors.
(2) The extent to which the TSA has used a risk-based,
strategic approach to determine the appropriate number of
surface transportation security inspectors and resource
allocation across field offices.
(3) Whether TSA's surface transportation regulations are
risk-based and whether surface transportation security
inspectors have adequate experience and training to perform
their day-to-day responsibilities.
(4) Feedback from regulated surface transportation industry
stakeholders on the benefit of surface transportation security
inspectors to the overall security of the surface
transportation systems of such stakeholders and the consistency
of regulatory enforcement.
(5) Whether surface transportation security inspectors have
appropriate qualifications to help secure and inspect surface
transportation systems.
(6) Whether TSA measures the effectiveness of surface
transportation security inspectors.
(7) Any overlap between the TSA and the Department of
Transportation as such relates to surface transportation
security inspectors in accordance with section 1310 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1117; Public Law 110-53).
(8) The extent to which surface transportation security
inspectors review and enhance information security practices
and enforce applicable information security regulations and
directives.
(9) Any recommendations relating to the efficiency and
effectiveness of the TSA's surface transportation security
inspectors program.
SEC. 3232. INSPECTOR GENERAL AUDIT; TSA OFFICE OF INSPECTION WORKFORCE
CERTIFICATION.
(a) Inspector General Audit.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Inspector General of the
Department shall analyze the data and methods that the
Administrator uses to identify Office of Inspection employees
of the Administration who meet the requirements of sections
8331(20), 8401(17), and 5545a of title 5, United States Code,
and provide the relevant findings to the Administrator,
including a finding on whether such data and methods are
adequate and valid.
(2) Prohibition on hiring.--If the Inspector General of the
Department finds that the data and methods referred to in
paragraph (1) are inadequate or invalid, the Administrator may
not hire any new employee to work in the Office of Inspection
of the Administration until--
(A) the Administrator makes a certification
described in subsection (b)(1) to the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Inspector General submits to such
Committees a finding, not later than 30 days after the
Administrator makes such certification, that the
Administrator utilized adequate and valid data and
methods to make such certification.
(b) TSA Office of Inspection Workforce Certification.--
(1) In general.--The Administrator shall, by not later than
90 days after the date the Inspector General of the Department
provides its findings to the Assistant Secretary under
subsection (a)(1), document and certify in writing to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of
the Senate that only those Office of Inspection employees of
the Administration who meet the requirements of sections
8331(20), 8401(17), and 5545a of title 5, United States Code,
are classified as criminal investigators and are receiving
premium pay and other benefits associated with such
classification.
(2) Employee reclassification.--The Administrator shall
reclassify criminal investigator positions in the Office of
Inspection of the Administration as noncriminal investigator
positions or non-law enforcement positions if the individuals
in such positions do not, or are not expected to, spend an
average of at least 50 percent of their time performing
criminal investigative duties.
(3) Projected cost savings.--
(A) In general.--The Administrator shall estimate
the total long-term cost savings to the Federal
Government resulting from the implementation of
paragraph (2), and provide such estimate to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate by not later
than 180 days after the date of enactment of this Act.
(B) Contents.--The estimate described in
subparagraph (A) shall identify savings associated with
the positions reclassified under paragraph (2) and
include, among other factors the Administrator
considers appropriate, savings from--
(i) law enforcement training;
(ii) early retirement benefits;
(iii) law enforcement availability and
other premium pay; and
(iv) weapons, vehicles, and communications
devices.
(c) Study.--Not later than 180 days after the date that the
Administrator submits the certification under subsection (b)(1), the
Inspector General of the Department shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate a study--
(1) reviewing the employee requirements, responsibilities,
and benefits of criminal investigators in the Office of
Inspection of the Administration with criminal investigators
employed at agencies adhering to the Office of Personnel
Management employee classification system; and
(2) identifying any inconsistencies and costs implications
for differences between the varying employee requirements,
responsibilities, and benefits.
SEC. 3233. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT
ACCOUNTABILITY OFFICE RELATING TO THE TRANSPORTATION
SECURITY INFORMATION SHARING PLAN.
Subsection (u) of section 114 of title 49, United States Code, is
amended by--
(1) striking paragraph (7); and
(2) redesignating paragraphs (8) and (9) as paragraphs (7)
and (8), respectively.
SEC. 3234. SECURITY TRAINING FOR FRONTLINE TRANSPORTATION WORKERS.
Not later than 90 days after the date of the enactment of the Act,
the Administrator shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a report regarding the status of the
implementation of sections 1408 (6 U.S.C. 1137) and 1534 (6 U.S.C.
1184) of the Implementing Recommendations of the 9/11 Commission Act of
2007 (Public Law 110-53). The Administrator shall include in such
report specific information on the challenges that the Administrator
has encountered since the date of the enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007 with respect to
establishing regulations requiring the provision of basic security
training to public transportation frontline employees and over-the-road
bus frontline employees for preparedness for potential security threats
and conditions.
SEC. 3235. FEASIBILITY ASSESSMENT.
Not later than 120 days after the date of the enactment of this
Act, the Administrator shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate a feasibility assessment of
partnering with an independent, not-for-profit organization to help
provide venture capital to businesses, particularly small businesses,
for commercialization of innovative homeland security technologies that
are expected to be ready for commercialization in the near term and
within 36 months. In conducting such feasibility assessment, the
Administrator shall consider the following:
(1) Establishing an independent, not-for-profit
organization, modeled after the In-Q-tel program, a venture
capital partnership between the private sector and 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)), to
help businesses, particularly small businesses, commercialize
innovative security-related technologies.
(2) Enhanced engagement, either through the Science and
Technology Directorate of the Department of Homeland Security
or directly, with the In-Q-tel program described in paragraph
(1).
TITLE XXXIII--DHS SCIENCE AND TECHNOLOGY REFORM AND IMPROVEMENT
SEC. 3301. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY.
(a) In General.--Title III of the Homeland Security Act of 2002 is
amended--
(1) in section 301 (6 U.S.C. 181)--
(A) by striking ``There'' and inserting the
following new subsection:
``(a) In General.--There''; and
(B) by adding at the end the following new
subsection:
``(b) Mission.--The Directorate of Science and Technology shall be
the primary research, development, testing, and evaluation arm of the
Department, responsible for coordinating the research, development,
testing, and evaluation of the Department to strengthen the security
and resiliency of the United States. The Directorate shall--
``(1) develop and deliver knowledge, analyses, and
innovative solutions that are responsive to homeland security
capability gaps and threats to the homeland identified by
components and offices of the Department, the first responder
community, and the Homeland Security Enterprise (as such term
is defined in section 322) and that can be integrated into
operations of the Department;
``(2) seek innovative, system-based solutions to complex
homeland security problems and threats; and
``(3) build partnerships and leverage technology solutions
developed by other Federal agencies and laboratories, State,
local, and tribal governments, universities, and the private
sector.'';
(2) in section 302 (6 U.S.C. 182)--
(A) in the matter preceding paragraph (1), by
striking ``The Secretary, acting through the Under
Secretary for Science and Technology, shall'' and
inserting the following new subsection:
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the mission
described in subsection (b) of section 301 and shall'';
(B) in subsection (a), as so amended by
subparagraph (A) of this paragraph--
(i) in paragraph (1), by inserting ``and
serving as the senior scientific advisor to the
Secretary'' before the semicolon at the end;
(ii) in paragraph (2)--
(I) by striking ``national'';
(II) by striking ``biological,,''
and inserting ``biological,''; and
(III) by inserting ``that may serve
as a basis of a national strategy''
after ``terrorist threats'';
(iii) in paragraph (3)--
(I) by striking ``the Under
Secretary for Intelligence and Analysis
and the Assistant Secretary for
Infrastructure Protection'' and
inserting ``components and offices of
the Department''; and
(II) by inserting ``terrorist''
before ``threats'';
(iv) in paragraph (4), by striking ``except
that such responsibility does not extend to
human health-related research and development
activities'' and inserting the following:
``including coordinating with relevant
components and offices of the Department
appropriate to--
``(A) identify and prioritize technical capability
requirements and create solutions that include
researchers, the private sector, and operational end
users; and
``(B) develop capabilities to address issues on
research, development, testing, evaluation, technology,
and standards for the first responder community,
except that such responsibility does not extend to the human
health-related research and development activities;'';
(v) in paragraph (5)(A), by striking
``biological,,'' and inserting ``biological,'';
(vi) by amending paragraph (12) to read as
follows:
``(12) coordinating and integrating all research,
development, demonstration, testing, and evaluation activities
of the Department, including through a centralized Federal
clearinghouse established pursuant to paragraph (1) of section
313(b) for information relating to technologies that would
further the mission of the Department, and providing advice, as
necessary, regarding major acquisition programs;'';
(vii) in paragraph (13), by striking
``and'' at the end;
(viii) in paragraph (14), by striking the
period at the end and inserting a semicolon;
and
(ix) by adding at the end the following new
paragraphs:
``(15) establishing a process that--
``(A) includes consideration by Directorate
leadership, senior component leadership, first
responders, and outside expertise;
``(B) is strategic, transparent, and repeatable
with a goal of continuous improvement;
``(C) through which research and development
projects undertaken by the Directorate are assessed on
a regular basis; and
``(D) includes consideration of metrics to ensure
research and development projects meet Directorate and
Department goals and inform departmental budget and
program planning;
``(16) developing and overseeing the administration of
guidelines for periodic external review of departmental
research and development programs or activities, including
through--
``(A) consultation with experts, including
scientists and practitioners, regarding the research
and development activities conducted by the Directorate
of Science and Technology; and
``(B) biennial independent, external review--
``(i) initially at the division level; or
``(ii) when divisions conduct multiple
programs focused on significantly different
subjects, at the program level;
``(17) partnering with components and offices of the
Department to develop and deliver knowledge, analyses, and
innovative solutions that are responsive to identified homeland
security capability gaps and threats to the homeland and raise
the science-based, analytic capability and capacity of
appropriate individuals throughout the Department by providing
guidance on how to better identify homeland security capability
gaps and threats to the homeland that may be addressed through
a technological solution and by partnering with such components
and offices to--
``(A) support technological assessments of major
acquisition programs throughout the acquisition
lifecycle;
``(B) help define appropriate technological
requirements and perform feasibility analysis;
``(C) assist in evaluating new and emerging
technologies against homeland security capability gaps
and terrorist threats;
``(D) support evaluation of alternatives;
``(E) improve the use of technology Department-
wide; and
``(F) provide technical assistance in the
development of acquisition lifecycle cost for
technologies;
``(18) acting as a coordinating office for technology
development for the Department by helping components and
offices define technological requirements, and building
partnerships with appropriate entities (such as within the
Department and with other Federal agencies and laboratories,
State, local, and tribal governments, universities, and the
private sector) to help each such component and office attain
the technology solutions it needs; and
``(19) coordinating with organizations that provide venture
capital to businesses, particularly small businesses, as
appropriate, to assist in the commercialization of innovative
homeland security technologies that are expected to be ready
for commercialization in the near term and within 36 months.'';
and
(C) by adding at the end the following new
subsections:
``(b) Review of Responsibilities.--Not later than 180 days after
the date of the enactment of this subsection, the Under Secretary for
Science and Technology shall 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 on the implementation of
paragraphs (2) (including how the policy and strategic plan under such
paragraph may serve as a basis for a national strategy referred to in
such paragraph), (11), (12), (13), (16), and (17) of subsection (a).'';
(3) in section 303(1) (6 U.S.C. 183(1)), by striking
subparagraph (F);
(4) in section 305 (6 U.S.C. 185)--
(A) by striking ``The'' and inserting the following
new subsection:
``(a) Establishment.--The''; and
(B) by adding at the end the following new
subsection:
``(b) Conflicts of Interest.--The Secretary shall review and
revise, as appropriate, the policies of the Department relating to
personnel conflicts of interest to ensure that such policies
specifically address employees of federally funded research and
development centers established pursuant to subsection (a) who are in a
position to make or materially influence research findings or agency
decisionmaking.'';
(5) in section 306 (6 U.S.C. 186)--
(A) in subsection (c), by adding at the end the
following new sentence: ``If such regulations are
issued, the Under Secretary shall report 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 prior to such
issuance.''; and
(B) by amending subsection (d) to read as follows:
``(d) Personnel.--In hiring personnel for the Directorate of
Science and Technology, the Secretary shall have the hiring and
management authorities described in section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note; Public Law 105-261). The term of appointments for employees under
subsection (c)(1) of such section may not exceed 5 years before the
granting of any extension under subsection (c)(2) of such section.'';
(6) in section 308 (6 U.S.C. 188)--
(A) in subsection (b)(2)--
(i) in subparagraph (B)--
(I) in clause (iv), by striking
``and nuclear countermeasures or
detection'' and inserting ``nuclear,
and explosives countermeasures or
detection (which may include research
into remote sensing and remote
imaging)''; and
(II) by adding after clause (xiv)
the following new clause:
``(xv) Cybersecurity.''; and
(ii) by amending subparagraph (D) to read
as follows:
``(D) Annual report to congress.--Not later than 1
year after the date of the enactment of this
subparagraph and annually thereafter, the Secretary
shall submit to Congress a report on the implementation
of this section. Each such report shall--
``(i) indicate which center or centers have
been designated pursuant to this section;
``(ii) describe how such designation or
designations enhance homeland security;
``(iii) provide information on any
decisions to revoke or modify such designation
or designations;
``(iv) describe research that has been
tasked and completed by each center that has
been designated during the preceding year;
``(v) describe funding provided by the
Secretary for each center under clause (iv) for
that year; and
``(vi) describe plans for utilization of
each center or centers in the forthcoming
year.''; and
(B) by adding at the end the following new
subsection:
``(d) Test, Evaluation, and Standards Division.--
``(1) Establishment.--There is established in the
Directorate of Science and Technology a Test, Evaluation, and
Standards Division.
``(2) Director.--The Test, Evaluation, and Standards
Division shall be headed by a Director of Test, Evaluation, and
Standards, who shall be appointed by the Secretary and report
to the Under Secretary for Science and Technology.
``(3) Responsibilities, authorities, and functions.--The
Director of Test, Evaluation, and Standards--
``(A) through the Under Secretary for Science and
Technology, serve as an adviser to the Secretary and
the Under Secretary of Management on all test and
evaluation or standards activities in the Department;
and
``(B) shall--
``(i) establish and update as necessary
test and evaluation policies for the
Department, including policies to ensure that
operational testing is done at facilities that
already have relevant and appropriate safety
and material certifications to the extent such
facilities are available;
``(ii) oversee and ensure that adequate
test and evaluation activities are planned and
conducted by or on behalf of components and
offices of the Department with respect to major
acquisition programs of the Department, as
designated by the Secretary, based on risk,
acquisition level, novelty, complexity, and
size of any such acquisition program, or as
otherwise established in statute;
``(iii) review major acquisition program
test reports and test data to assess the
adequacy of test and evaluation activities
conducted by or on behalf of components and
offices of the Department, including test and
evaluation activities planned or conducted
pursuant to clause (ii); and
``(iv) review available test and evaluation
infrastructure to determine whether the
Department has adequate resources to carry out
its testing and evaluation responsibilities, as
established under this title.
``(4) Limitation.--The Test, Evaluation, and Standards
Division is not required to carry out operational testing of
major acquisition programs.
``(5) Evaluation of department of defense technologies.--
The Director of Test, Evaluation, and Standards may evaluate
technologies currently in use or being developed by the
Department of Defense to assess whether such technologies can
be leveraged to address homeland security capability gaps.'';
(7) in section 309(a) (6 U.S.C. 189(a)), by adding at the
end the following new paragraph:
``(3) Treatment of certain funds.--Notwithstanding any
other provision of law, any funds provided to a Department of
Energy national laboratory by the Department may not be treated
as an assisted acquisition.'';
(8) in section 310 (6 U.S.C. 190), by adding at the end the
following new subsection:
``(e) Successor Facility.--Any successor facility to the Plum
Island Animal Disease Center, including the National Bio and Agro-
Defense Facility (NBAF) under construction as of the date of the
enactment of this subsection, which is intended to the replace the Plum
Island Animal Disease Center shall be subject to the requirements of
this section in the same manner and to the same extent as the Plum
Island Animal Disease Center under this section.'';
(9) in section 311 (6 U.S.C. 191)--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``20 members'' and
inserting ``not fewer than 15 and not
more than 30''; and
(II) by inserting ``academia,
national labs, private industry, and''
after ``representatives of'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following new paragraph:
``(2) Subcommittees.--The Advisory Committee may establish
subcommittees that focus on research and development
challenges, as appropriate.'';
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``on a
rotating basis'' before the period at the end;
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
and
(iii) in paragraph (2), as so redesignated,
by striking ``be appointed'' and inserting
``serve'';
(C) in subsection (e), in the second sentence, by
striking ``the call of'';
(D) in subsection (h)--
(i) in paragraph (1)--
(I) in the first sentence--
(aa) by striking ``render''
and inserting ``submit''; and
(bb) by striking
``Congress'' and inserting
``the appropriate congressional
committees''; and
(II) in the second sentence, by
inserting ``, and incorporate the
findings and recommendations of the
Advisory Committee subcommittees,''
before ``during''; and
(ii) in paragraph (2)--
(I) by striking ``render'' and
inserting ``submit''; and
(II) by striking ``Congress'' and
inserting ``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'';
(E) in subsection (i), by inserting ``, except that
the Advisory Committee shall file a charter with
Congress every 2 years in accordance with subsection
(b)(2) of such section (14)'';
(F) in subsection (j), by striking ``2008'' and
inserting ``2020'';
(10) in section 313 (6 U.S.C. 193)--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Application of Program.--The Secretary, acting through the
Under Secretary for Science and Technology, shall use the program
established under subsection (a) to--
``(1) enhance the cooperation between components and
offices of the Department on projects that have similar goals,
timelines, or outcomes;
``(2) ensure the coordination of technologies to eliminate
unnecessary duplication of research and development;
``(3) ensure technologies are accessible for component and
office use on a Department website; and
``(4) carry out any additional purpose the Secretary
determines necessary.''; and
(11) by adding after section 317 (6 U.S.C. 195c) the
following new sections:
``SEC. 318. IDENTIFICATION AND PRIORITIZATION OF RESEARCH AND
DEVELOPMENT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Under Secretary for Science and
Technology shall establish a process to define, identify, prioritize,
fund, and task the basic and applied homeland security research and
development activities of the Directorate of Science and Technology to
meet the needs of the components and offices of the Department, the
first responder community, and the Homeland Security Enterprise (as
such term is defined in section 322).
``(b) Process.--The process established under subsection (a)
shall--
``(1) be responsive to near-, mid-, and long-term needs,
including unanticipated needs to address emerging terrorist
threats;
``(2) utilize gap analysis and risk assessment tools where
available and applicable;
``(3) include protocols to assess--
``(A) off-the-shelf technology to determine if an
identified homeland security capability gap or threat
to the homeland can be addressed through the
acquisition process instead of commencing research and
development of technology to address such capability
gap or threat; and
``(B) communication and collaboration for research
and development activities pursued by other executive
agencies, to determine if technology can be leveraged
to identify and address homeland security capability
gaps or threats to the homeland and avoid unnecessary
duplication of efforts;
``(4) provide for documented and validated research and
development requirements;
``(5) strengthen first responder participation to identify
and prioritize homeland security technological gaps, including
by--
``(A) soliciting feedback from appropriate national
associations and advisory groups representing the first
responder community and first responders within the
components and offices of the Department; and
``(B) establishing and promoting a publicly
accessible portal to allow the first responder
community to help the Directorate of Science and
Technology develop homeland security research and
development goals;
``(6) institute a mechanism to publicize the Department's
homeland security technology priorities for the purpose of
informing Federal, State, and local governments, first
responders, and the private sector;
``(7) establish considerations to be used by the
Directorate in selecting appropriate research entities,
including the national laboratories, federally funded research
and development centers, university-based centers, and the
private sector, to carry out research and development
requirements;
``(8) incorporate feedback derived as a result of the
mechanism established in section 323, ensuring the Directorate
is utilizing regular communication with components and offices
of the Department; and
``(9) include any other criteria or measures the Under
Secretary for Science and Technology considers necessary for
the identification and prioritization of research requirements.
``SEC. 319. DEVELOPMENT OF DIRECTORATE STRATEGY AND RESEARCH AND
DEVELOPMENT PLAN.
``(a) Strategy.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Under Secretary for Science
and Technology shall develop and 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
strategy to guide the activities of the Directorate of Science
and Technology. Such strategy shall be updated at least once
every 5 years and shall identify priorities and objectives for
the development of science and technology solutions and
capabilities addressing homeland security operational needs.
Such strategy shall include the coordination of such priorities
and activities within the Department. Such strategy shall take
into account the priorities and needs of stakeholders in the
Homeland Security Enterprise (as such term is defined in
section 322). In developing such strategy, efforts shall be
made to support collaboration and avoid unnecessary duplication
across the Federal Government. Such strategy shall be risk-
based and aligned with other strategic guidance provided by--
``(A) the National Strategy for Homeland Security;
``(B) the Quadrennial Homeland Security Review; and
``(C) any other relevant strategic planning
documents, as determined by the Under Secretary.
``(2) Contents.--The strategy required under paragraph (1)
shall be prepared in accordance with applicable Federal
requirements and guidelines, and shall include the following:
``(A) An identification of the long-term strategic
goals, objectives, and metrics of the Directorate,
including those to address terrorist threats.
``(B) A technology transition strategy for the
programs of the Directorate.
``(C) Short- and long-term strategic goals, and
objectives for increasing the number of designations
and certificates issued under subtitle G of title VIII,
including cybersecurity technologies that could
significantly reduce, or mitigate the effects of,
cybersecurity risks (as such term is defined in
subsection (a)(1) of the second section 226, relating
to the national cybersecurity and communications
integration center), without compromising the quality
of the evaluation of applications for such designations
and certificates.
``(b) Five-Year Research and Development Plan.--
``(1) In general.--The Under Secretary for Science and
Technology shall develop, and update at least once every 5
years, a 5-year research and development plan for the
activities of the Directorate of Science and Technology. The
Under Secretary shall develop the first such plan by the date
that is not later than 1 year after the date of the enactment
of this section.
``(2) Contents.--Each 5-year research and development plan
developed and revised under subsection (a) shall--
``(A) define the Directorate of Science and
Technology's research, development, testing, and
evaluation activities, priorities, performance metrics,
and key milestones and deliverables for, as the case
may be, the 5-fiscal-year period from 2016 through
2020, and for each 5-fiscal-year period thereafter;
``(B) describe, for the activities of the strategy
developed under subsection (a), the planned annual
funding levels for the period covered by each such 5-
year research and development plan;
``(C) indicate joint investments with other Federal
partners where applicable, and enhanced coordination,
as appropriate, with organizations as specified in
paragraph (19) of section 302;
``(D) analyze how the research programs of the
Directorate support achievement of the strategic goals
and objectives identified in the strategy required
under subsection (a);
``(E) describe how the activities and programs of
the Directorate meet the requirements or homeland
security capability gaps or threats to the homeland
identified by customers within and outside of the
Department, including the first responder community;
and
``(F) describe the policies of the Directorate
regarding the management, organization, and personnel
of the Directorate.
``(3) Scope.--The Under Secretary for Science and
Technology shall ensure that each 5-year research and
development plan developed and revised under subsection (a)--
``(A) reflects input from a wide range of
stakeholders; and
``(B) takes into account how research and
development by other Federal, State, private sector,
and nonprofit institutions contributes to the
achievement of the priorities identified in each plan,
and avoids unnecessary duplication with such efforts.
``(4) Reports.--The Under Secretary for Science and
Technology shall 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 an annual report for 7
years beginning not later than 1 year after the date of the
development of the initial 5-year research and development plan
under paragraph (1) on the status and results to date of the
implementation of such plan and the updates to such plan,
including--
``(A) a summary of the research and development
activities for the previous fiscal year in each mission
area, including such activities to address homeland
security risks, including threats, vulnerabilities, and
consequences, and a summary of the coordination
activities undertaken by the Directorate of Science and
Technology for components and offices of the
Department, together with the results of the process
specified in paragraph (15) of section 302;
``(B) clear links between the Directorate's budget
and each mission area or program, including those
mission areas or programs to address homeland security
risks, including threats, vulnerabilities, and
consequences, specifying which mission areas or
programs fall under which budget lines, and clear links
between Directorate coordination work and priorities
and annual expenditures for such work and priorities,
including joint investments with other Federal
partners, where applicable;
``(C) an assessment of progress of the research and
development activities based on the performance metrics
and milestones set forth in such plan; and
``(D) any changes to such plan.
``SEC. 320. MONITORING OF PROGRESS.
``(a) In General.--The Under Secretary for Science and Technology
shall establish and utilize a system to track the progress of the
research, development, testing, and evaluation activities undertaken by
the Directorate of Science and Technology, and shall provide 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 and customers
of such activities, at a minimum on a biannual basis, regular updates
on such progress.
``(b) Requirements.--In order to provide the progress updates
required under subsection (a), the Under Secretary for Science and
Technology shall develop a system that--
``(1) monitors progress toward project milestones
identified by the Under Secretary;
``(2) maps progress toward deliverables identified in each
5-year research and development plan required under section
319(b);
``(3) generates up-to-date reports to customers that
transparently disclose the status and progress of research,
development, testing, and evaluation efforts of the Directorate
of Science and Technology; and
``(4) allows the Under Secretary to report the number of
products and services developed by the Directorate that have
been transitioned into acquisition programs and resulted in
successfully fielded technologies.
``(c) Evaluation Methods.--
``(1) External input, consultation, and review.--The Under
Secretary for Science and Technology shall implement procedures
to engage outside experts to assist in the evaluation of the
progress of research, development, testing, and evaluation
activities of the Directorate of Science and Technology,
including through--
``(A) consultation with experts, including
scientists and practitioners, to gather independent
expert peer opinion and advice on a project or on
specific issues or analyses conducted by the
Directorate; and
``(B) periodic, independent, external review to
assess the quality and relevance of the Directorate's
programs and projects.
``(2) Component feedback.--The Under Secretary for Science
and Technology shall establish a formal process to collect
feedback from customers of the Directorate of Science and
Technology on the performance of the Directorate that
includes--
``(A) appropriate methodologies through which the
Directorate can assess the quality and usefulness of
technology and services delivered by the Directorate;
``(B) development of metrics for measuring the
usefulness of any technology or service provided by the
Directorate; and
``(C) standards for high-quality customer service.
``SEC. 321. HOMELAND SECURITY SCIENCE AND TECHNOLOGY FELLOWS PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Science and Technology and the Under Secretary for
Management, shall establish a fellows program, to be known as the
Homeland Security Science and Technology Fellows Program (in this
section referred to as the `Program'), under which the Under Secretary
for Science and Technology, in coordination with the Office of
University Programs of the Department, shall facilitate the placement
of fellows in relevant scientific or technological fields for up to 2
years in components and offices of the Department with a need for
scientific and technological expertise.
``(b) Utilization of Fellows.--
``(1) In general.--Under the Program, the Department may
employ fellows--
``(A) for the use of the Directorate of Science and
Technology; or
``(B) for the use of a component or office of the
Department outside the Directorate, under a memorandum
of agreement with the head of such a component or
office under which such component or office will
reimburse the Directorate for the costs of such
employment.
``(2) Responsibilities.--Under an agreement referred to in
subparagraph (B) of paragraph (1)--
``(A) the Under Secretary for Science and
Technology and the Under Secretary for Management
shall--
``(i) solicit and accept applications from
individuals who are currently enrolled in or
who are graduates of postgraduate programs in
scientific and engineering fields related to
the promotion of securing the homeland or
critical infrastructure sectors;
``(ii) screen applicants and interview them
as appropriate to ensure that such applicants
possess the appropriate level of scientific and
engineering expertise and qualifications;
``(iii) provide a list of qualified
applicants to the heads of components and
offices of the Department seeking to utilize
qualified fellows;
``(iv) subject to the availability of
appropriations, pay financial compensation to
such fellows;
``(v) coordinate with the Chief Security
Officer to facilitate and expedite provision of
security and suitability clearances to such
fellows, as appropriate; and
``(vi) otherwise administer all aspects of
the employment of such fellows with the
Department; and
``(B) the head of the component or office of the
Department utilizing a fellow shall--
``(i) select such fellow from the list of
qualified applicants provided by the Under
Secretary;
``(ii) reimburse the Under Secretary for
the costs of employing such fellow, including
administrative costs; and
``(iii) be responsible for the day-to-day
management of such fellow.
``(c) Applications From Nonprofit Organizations.--The Under
Secretary for Science and Technology may accept an application under
subsection (b)(2)(A) that is submitted by a nonprofit organization on
behalf of individuals whom such nonprofit organization has determined
may be qualified applicants under the Program.
``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and Technology
shall support research, development, testing, evaluation, and
transition of cybersecurity technology, including fundamental research
to improve the sharing of information, 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 attacks
or intrusions, including real-time continuous diagnostics and
real-time analytic technologies;
``(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) support, in coordination with the private sector, the
review of source code that underpins critical infrastructure
information systems;
``(5) develop and support infrastructure and tools to
support cybersecurity research and development efforts,
including modeling, testbeds, and data sets for assessment of
new cybersecurity technologies;
``(6) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems; and
``(7) develop and support cyber forensics and attack
attribution.
``(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate activities with--
``(1) the Under Secretary appointed pursuant to section
103(a)(1)(H);
``(2) the heads of other relevant Federal departments and
agencies, including the National Science Foundation, the
Defense Advanced Research Projects Agency, the Information
Assurance Directorate of the National Security Agency, the
National Institute of Standards and Technology, the Department
of Commerce, the Networking and Information Technology Research
and Development Program Office, Sector Specific Agencies for
critical infrastructure, and other appropriate working groups
established by the President to identify unmet needs and
cooperatively support activities, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for Science and
Technology shall support projects through the full life cycle of such
projects, including research, development, testing, evaluation, pilots,
and transitions. The Under Secretary shall identify mature technologies
that address existing or imminent cybersecurity gaps in public or
private information systems and 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. The Under Secretary shall
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 notable impact on the cybersecurity
of the information systems or networks of information systems of the
United States.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in the second section 226,
relating to the national cybersecurity and communications
integration center.
``(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
such term in the second section 226, relating to the national
cybersecurity and communications integration center.
``(4) Information system.--The term `information system'
has the meaning given that term in section 3502(8) of title 44,
United States Code.
``SEC. 323. INTEGRATED PRODUCT TEAMS.
``(a) In General.--The Secretary shall establish integrated product
teams to serve as a central mechanism for the Department to identify,
coordinate, and align research and development efforts with
departmental missions. Each team shall be managed by the Under
Secretary for Science and Technology and the relevant senior leadership
of operational components, and shall be responsible for the following:
``(1) Identifying and prioritizing homeland security
capability gaps or threats to the homeland within a specific
mission area and technological solutions to address such gaps.
``(2) Identifying ongoing departmental research and
development activities and component acquisitions of
technologies that are outside of departmental research and
development activities to address a specific mission area.
``(3) Assessing the appropriateness of a technology to
address a specific mission area.
``(4) Identifying unnecessary redundancy in departmental
research and development activities within a specific mission
area.
``(5) Informing the Secretary and the annual budget process
regarding whether certain technological solutions are able to
address homeland security capability gaps or threats to the
homeland within a specific mission area.
``(b) Congressional Oversight.--Not later than 2 years after the
date of enactment of this section, the Secretary shall provide 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 information on
the impact and effectiveness of the mechanism described in subsection
(a) on research and development efforts, component relationships, and
how the process has informed the research and development budget and
enhanced decisionmaking, including acquisition decisionmaking, at the
Department. The Secretary shall seek feedback from the Under Secretary
for Science and Technology, Under Secretary for Management, and the
senior leadership of operational components regarding the impact and
effectiveness of such mechanism and include such feedback in the
information provided under this subsection.
``SEC. 324. HOMELAND SECURITY-STEM SUMMER INTERNSHIP PROGRAM.
``(a) In General.--The Under Secretary for Science and Technology
shall establish a Homeland Security-STEM internship program (in this
section referred to as the `program') to carry out the objectives of
this subtitle.
``(b) Program.--The program shall provide students with exposure to
Department mission-relevant research areas, including threats to the
homeland, to encourage such students to pursue STEM careers in homeland
security related fields. Internships offered under the program shall be
for up to 10 weeks during the summer.
``(c) Eligibility.--The Under Secretary for Science and Technology
shall develop criteria for participation in the program, including the
following:
``(1) At the time of application, an intern shall--
``(A) have successfully completed not less than 1
academic year of study at an institution of higher
education in a STEM field;
``(B) be enrolled in a course of study in a STEM
field at an institution of higher education; and
``(C) plan to continue such course of study or
pursue an additional course of study in a STEM field at
an institution of higher education in the academic year
following the internship.
``(2) An intern shall be pursuing career goals aligned with
the Department's mission, goals, and objectives.
``(3) Any other criteria the Under Secretary determines
appropriate.
``(d) Cooperation.--The program shall be administered in
cooperation with the university-based centers for homeland security
under section 308. Interns in the program shall be provided hands-on
research experience and enrichment activities focused on Department
research areas.
``(e) Academic Requirements; Operation.--The Under Secretary for
Science and Technology shall determine the academic requirements, other
selection criteria, and standards for successful completion of each
internship period in the program. The Under Secretary shall be
responsible for the design, implementation, and operation of the
program.
``(f) Research Mentors.--The Under Secretary for Science and
Technology shall ensure that each intern in the program is assigned a
research mentor to act as counselor and advisor and provide career-
focused advice.
``(g) Outreach to Certain Under-Represented Students.--The Under
Secretary for Science and Technology shall conduct outreach to students
who are members of groups under-represented in STEM careers to
encourage their participation in the program.
``(h) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002), except that the term does not include institutions described in
subparagraph (C) of such section 102(a)(1).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 30 days after the date of the enactment
of this section.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 317 the following new items:
``Sec. 318. Identification and prioritization of research and
development.
``Sec. 319. Development of Directorate strategy and research and
development plan.
``Sec. 320. Monitoring of progress.
``Sec. 321. Homeland Security Science and Technology Fellows Program.
``Sec. 322. Cybersecurity research and development.
``Sec. 323. Integrated product teams.
``Sec. 324. Homeland Security-STEM summer internship program.''.
(d) 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 ``2015'' and inserting ``2020'';
(B) in paragraph (1), by striking the last
sentence; and
(C) by adding at the end the following new
paragraph:
``(3) Prior approval.--In any case in which a component or
office of the Department seeks to utilize the authority under
this section, such office or component shall first receive
prior approval from the Secretary by providing to the Secretary
a proposal that includes the rationale for the use of such
authority, the funds to be spent on the use of such authority,
and the expected outcome for each project that is the subject
of the use of such authority. In such a case, the authority for
evaluating the proposal may not be delegated by the Secretary
to anyone other than the Under Secretary for Management.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``2015'' and inserting
``2020''; 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 used, the rationale for such use,
the funds spent using such authority, the extent of cost-
sharing for such projects among Federal and non-Federal
sources, the extent to which use 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 use of such authority during the period
covered by each such report, the outcome of each project for
which such authority was used, and the results of any audits of
such projects.''; and
(3) by adding at the end the following new subsections:
``(e) Training.--The Secretary shall develop a training program for
acquisitions staff in the use of other transaction authority to help
ensure the appropriate use of such authority.
``(f) Other Transaction Authority Defined.--In this section, the
term `other transaction authority' means authority under subsection
(a).''.
(e) Amendment to Definition.--Paragraph (2) of subsection (a) of
the second section 226 of the Homeland Security Act of 2002 (6 U.S.C.
148; relating to the national cybersecurity and communications
integration center) is amended to read as follows:
``(2) Incident.--The term `incident' means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or imminently
jeopardizes, without lawful authority, an information
system.''.
(f) GAO Study of University-Based Centers.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate a study to assess the university-
based centers for homeland security program authorized by
section 308(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 188(b)(2)), and provide recommendations 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 for
appropriate improvements.
(2) Subject matters.--The study required under subsection
(a) shall include the following:
(A) A review of the Department of Homeland
Security's efforts to identify key areas of study
needed to support the homeland security mission, and
criteria that the Department utilized to determine
those key areas for which the Department should
maintain, establish, or eliminate university-based
centers.
(B) A review of the method by which university-
based centers, federally funded research and
development centers, and Department of Energy national
laboratories receive tasking from the Department of
Homeland Security, including a review of how
university-based research is identified, prioritized,
and funded.
(C) A review of selection criteria for designating
university-based centers and a weighting of such
criteria.
(D) An examination of best practices from other
agencies' efforts to organize and use university-based
research to support their missions.
(E) A review of the Department of Homeland
Security's criteria and metrics to measure demonstrable
progress achieved by university-based centers in
fulfilling Department taskings, and mechanisms for
delivering and disseminating the research results of
designated university-based centers within the
Department and to other Federal, State, and local
agencies.
(F) An examination of the means by which academic
institutions that are not designated or associated with
the designated university-based centers can optimally
contribute to the research mission of the Directorate
of Science and Technology of the Department of Homeland
Security.
(G) An assessment of the interrelationship between
the different university-based centers and the degree
to which outreach and collaboration among a diverse
array of academic institutions is encouraged by the
Department of Homeland Security, particularly with
historically Black colleges and universities and
minority-serving institutions.
(H) A review of any other essential elements of the
programs determined in the conduct of the study.
(g) Prize Authority.--The Under Secretary for Science and
Technology of the Department of Homeland Security shall utilize, as
appropriate, prize authority granted pursuant to current law.
(h) Prohibition on New Funding.--No funds are authorized to be
appropriated to carry out this section and the amendments made by this
section. Such section and amendments shall be carried out using amounts
otherwise appropriated or made available for such purposes.
TITLE XXXIV--REVIEW OF UNIVERSITY-BASED CENTERS
SEC. 3401. REVIEW OF UNIVERSITY-BASED CENTERS.
(a) GAO Study of University-Based Centers.--Not later than 120 days
after the date of enactment of this Act, the Comptroller General of the
United States shall initiate a study to assess the university-based
centers for homeland security program authorized by section 308(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 188(b)(2)), and provide
recommendations 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 for appropriate improvements.
(b) Subject Matters.--The study under subsection (a) shall include
the following:
(1) A review of the Department of Homeland Security's
efforts to identify key areas of study needed to support the
homeland security mission, and criteria that the Department
utilized to determine those key areas for which the Department
should maintain, establish, or eliminate university-based
centers.
(2) A review of the method by which university-based
centers, federally funded research and development centers, and
Department of Energy national laboratories receive tasking from
the Department of Homeland Security, including a review of how
university-based research is identified, prioritized, and
funded.
(3) A review of selection criteria for designating
university-based centers and a weighting of such criteria.
(4) An examination of best practices from other agencies'
efforts to organize and use university-based research to
support their missions.
(5) A review of the Department of Homeland Security's
criteria and metrics to measure demonstrable progress achieved
by university-based centers in fulfilling Department taskings,
and mechanisms for delivering and disseminating the research
results of designated university-based centers within the
Department and to other Federal, State, and local agencies.
(6) An examination of the means by which academic
institutions that are not designated or associated with the
designated university-based centers can optimally contribute to
the research mission of the Directorate of Science and
Technology of the Department of Homeland Security.
(7) An assessment of the interrelationship between the
different university-based centers and the degree to which
outreach and collaboration among a diverse array of academic
institutions is encouraged by the Department of Homeland
Security, particularly with historically Black colleges and
universities and minority-serving institutions.
(8) A review of any other essential elements of the
programs determined in the conduct of the study.
(c) Information Relating to University-Based Centers.--Subparagraph
(D) of section 308(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
188(b)(2)) is amended to read as follows:
``(D) Annual report to congress.--Not later than 1
year after the date of the enactment of this
subparagraph and annually thereafter, the Secretary
shall submit to Congress a report on the implementation
of this section. Each such report shall--
``(i) indicate which center or centers have
been designated pursuant to this section;
``(ii) describe how such designation or
designations enhance homeland security;
``(iii) provide information on any
decisions to revoke or modify such designation
or designations;
``(iv) describe research that has been
tasked and completed by each center that has
been designated during the preceding year;
``(v) describe funding provided by the
Secretary for each center under clause (iv) for
that year; and
``(vi) describe plans for utilization of
each center or centers in the forthcoming
year.''.
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