115 HR 2825 RS: DHS Authorization Act U.S. House of Representatives 2017-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 381115th CONGRESS2d SessionH. R. 2825IN THE SENATE OF THE UNITED STATESJuly 20, 2017Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsApril 16, 2018Reported by Mr. Johnson, with an amendmentStrike out all after the enacting clause and insert the part printed in italicAN ACTTo amend the Homeland Security Act of 2002 to make certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Department of Homeland Security Authorization Act or the DHS Authorization Act. (b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. References.Division A—Homeland SecurityTitle I—Department of Homeland Security HeadquartersSec. 1001. Short title.Subtitle A—Headquarters OperationsSec. 1101. Homeland security enterprise defined.Sec. 1102. Functions and components of Headquarters of Department of Homeland Security.Sec. 1103. Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security.Sec. 1104. Responsibilities and functions of Chief Privacy Officer.Sec. 1105. Responsibilities of Chief Financial Officer.Sec. 1106. Chief Information Officer.Sec. 1107. Quadrennial Homeland Security review.Sec. 1108. Office of Strategy, Policy, and Plans.Sec. 1109. Office of External Affairs.Sec. 1110. Chief Procurement Officer.Sec. 1111. Chief Security Officer.Sec. 1112. Office of Inspector General.Sec. 1113. Office for Civil Rights and Civil Liberties.Sec. 1114. Department of Homeland Security Rotation Program.Sec. 1115. Future Years Homeland Security Program.Sec. 1116. Field efficiencies plan.Sec. 1117. Submission to Congress of information regarding reprogramming or transfer of Department of Homeland Security resources to respond to operational surges.Sec. 1118. Report to Congress on cost savings and efficiency.Sec. 1119. Research and development and CBRNE organizational review.Sec. 1120. Activities related to children.Subtitle B—Human Resources and Other MattersSec. 1131. Chief Human Capital Officer responsibilities.Sec. 1132. Employee engagement steering committee and action plan.Sec. 1133. Annual employee award program.Sec. 1134. Independent investigation and implementation plan.Sec. 1135. Timely guidance to DHS personnel regarding Executive orders.Sec. 1136. Secretary’s responsibilities regarding election infrastructure.Title II—Department of Homeland Security Acquisition Accountability and EfficiencySec. 1201. Definitions.Subtitle A—Acquisition AuthoritiesSec. 1211. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security.Sec. 1212. Acquisition authorities for Chief Financial Officer of the Department of Homeland Security.Sec. 1213. Acquisition authorities for Chief Information Officer of the Department of Homeland Security.Sec. 1214. Acquisition authorities for Program Accountability and Risk Management.Sec. 1215. Acquisition innovation.Subtitle B—Acquisition Program Management DisciplineSec. 1221. Acquisition Review Board.Sec. 1222. Requirements to reduce duplication in acquisition programs.Sec. 1223. Department leadership council.Sec. 1224. Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs.Sec. 1225. Excluded party list system waivers.Sec. 1226. Inspector General oversight of suspension and debarment.Subtitle C—Acquisition Program Management Accountability and TransparencySec. 1231. Congressional notification for major acquisition programs.Sec. 1232. Multiyear Acquisition Strategy.Sec. 1233. Acquisition reports.Title III—Intelligence and Information SharingSubtitle A—Department of Homeland Security Intelligence EnterpriseSec. 1301. Homeland intelligence doctrine.Sec. 1302. Analysts for the Chief Intelligence Officer.Sec. 1303. Annual homeland terrorist threat assessments.Sec. 1304. Department of Homeland Security data framework.Sec. 1305. Establishment of Insider Threat Program.Sec. 1306. Threat assessment on terrorist use of virtual currency.Sec. 1307. Department of Homeland Security counterterrorism advisory board.Sec. 1308. Border and gang threat assessment.Sec. 1309. Security clearance management and administration.Subtitle B—Stakeholder Information SharingSec. 1311. Department of Homeland Security Fusion Center Partnership Initiative.Sec. 1312. Fusion center personnel needs assessment.Sec. 1313. Program for State and local analyst clearances.Sec. 1314. Information technology assessment.Sec. 1315. Department of Homeland Security classified facility inventory and dissemination.Sec. 1316. Terror inmate information sharing.Sec. 1317. Annual report on Office for State and Local Law Enforcement.Sec. 1318. Annual catalog on Department of Homeland Security training, publications, programs, and services for State, local, and tribal law enforcement agencies.Title IV—Maritime SecuritySec. 1401. Strategic plan to enhance the security of the international supply chain.Sec. 1402. Container Security Initiative.Sec. 1403. Cyber at ports.Sec. 1404. Facility inspection intervals.Sec. 1405. Updates of maritime operations coordination plan.Sec. 1406. Evaluation of Coast Guard Deployable Specialized Forces.Sec. 1407. Cost benefit analysis of co-locating DHS assets.Sec. 1408. Repeal of interagency operational centers for port security and secure systems of transportation.Sec. 1409. Maritime security capabilities assessments.Sec. 1410. Conforming and clerical amendments.Title V—Transportation Security AdministrationSubtitle A—AdministrationSec. 1501. Amendments to the Homeland Security Act of 2002 and title 5, United States Code.Sec. 1502. Amendments to title 49, United States Code.Sec. 1503. Amendments to the Aviation and Transportation Security Act.Sec. 1504. Information required to be submitted to Congress under the strategic 5-year technology investment plan of the Transportation Security Administration.Sec. 1505. Maintenance of security-related technology.Sec. 1506. Transportation Security Administration efficiency.Sec. 1507. Transportation senior executive service accountability.Subtitle B—Passenger Security and ScreeningSec. 1511. Department of Homeland Security trusted traveler program collaboration.Sec. 1512. PreCheck Biometric pilot project.Sec. 1513. Identity and travel document verification.Sec. 1514. Computed tomography pilot project.Sec. 1515. Explosives detection canine teams for aviation.Sec. 1516. Standard operating procedures at airport checkpoints.Sec. 1517. Traveler redress improvement.Sec. 1518. Screening in areas other than passenger terminals.Sec. 1519. Federal Air Marshal Service agreements.Sec. 1520. Federal Air Marshal mission scheduling automation.Sec. 1521. Canine detection research and development.Sec. 1522. International Civil Aviation Organization.Sec. 1523. Passenger security fee.Sec. 1524. Last point of departure airport certification.Sec. 1525. Security incident response at airports and surface transportation hubs.Sec. 1526. Airport security screening opt-out program.Sec. 1527. Personnel management system review.Sec. 1528. Innovation task force.Sec. 1529. Airport law enforcement reimbursement.Subtitle C—Transportation Security Screening Personnel Training and AccountabilitySec. 1531. Transportation security training programs.Sec. 1532. Alternate new security screening personnel training program cost and feasibility study.Sec. 1533. Prohibition of advance notice of covert testing to security screeners.Subtitle D—Airport Access Controls and Perimeter SecuritySec. 1541. Reformation of certain programs of the Transportation Security Administration.Sec. 1542. Airport perimeter and access control security.Sec. 1543. Exit lane security.Sec. 1544. Reimbursement for deployment of armed law enforcement personnel at airports.Subtitle E—Air Cargo SecuritySec. 1551. Air cargo advance screening program.Sec. 1552. Explosives detection canine teams for air cargo security.Subtitle F—Information Sharing and CybersecuritySec. 1561. Information sharing and cybersecurity.Subtitle G—Surface Transportation SecuritySec. 1571. Definitions.Sec. 1572. Surface transportation security assessment and implementation of risk-based strategy.Sec. 1573. Risk-based budgeting and resource allocation.Sec. 1574. Surface transportation security management and interagency coordination review.Sec. 1575. Transparency.Sec. 1576. TSA counterterrorism asset deployment.Sec. 1577. Surface transportation security advisory committee.Sec. 1578. Review of the explosives detection canine team program.Sec. 1579. Expansion of national explosives detection canine team program.Sec. 1580. Explosive detection technology.Sec. 1581. Study on security standards and best practices for United States and foreign passenger transportation systems.Sec. 1582. Amtrak security upgrades.Sec. 1583. Study on surface transportation inspectors.Sec. 1584. Security awareness program.Sec. 1585. Voluntary use of credentialing.Sec. 1586. Background records checks for issuance of hazmat licenses.Sec. 1587. Recurrent vetting for surface transportation credential-holders.Sec. 1588. Pipeline security study.Subtitle H—Security Enhancements in Public Areas of Transportation FacilitiesSec. 1591. Working group.Sec. 1592. Technical assistance; Vulnerability assessment tools.Sec. 1593. Operations centers.Sec. 1594. Review of regulations.Sec. 1595. Definition.Title VI—Emergency Preparedness, Response, and CommunicationsSubtitle A—Grants, Training, Exercises, and CoordinationSec. 1601. Urban Area Security Initiative.Sec. 1602. State Homeland Security Grant Program.Sec. 1603. Grants to directly eligible tribes.Sec. 1604. Law enforcement terrorism prevention.Sec. 1605. Prioritization.Sec. 1606. Allowable uses.Sec. 1607. Approval of certain equipment.Sec. 1608. Memoranda of understanding.Sec. 1609. Grants metrics.Sec. 1610. Grant management best practices.Sec. 1611. Prohibition on consolidation.Sec. 1612. Maintenance of grant investments.Sec. 1613. Transit security grant program.Sec. 1614. Port security grant program.Sec. 1615. Cyber preparedness.Sec. 1616. Major metropolitan area counterterrorism training and exercise grant program.Sec. 1617. Operation Stonegarden.Sec. 1618. Non-Profit Security Grant Program.Sec. 1619. Study of the use of grant funds for cybersecurity.Subtitle B—CommunicationsSec. 1631. Office of Emergency Communications.Sec. 1632. Responsibilities of Office of Emergency Communications Director.Sec. 1633. Annual reporting on activities of the Office of Emergency Communications.Sec. 1634. National Emergency Communications Plan.Sec. 1635. Technical edit.Sec. 1636. Public Safety Broadband Network.Sec. 1637. Communications training.Subtitle C—Medical PreparednessSec. 1641. Chief Medical Officer.Sec. 1642. Medical Countermeasures Program.Title VII—Other MattersSec. 1701. Decision regarding certain executive memoranda.Sec. 1702. Permanent authorization for Asia-Pacific Economic Cooperation Business Travel Card Program.Sec. 1703. Authorization of appropriations for Office of Inspector General.Sec. 1704. Canine teams.Sec. 1705. Technical amendments to the Homeland Security Act of 2002.Sec. 1706. Savings clause.Division B—U.S. Immigration and Customs EnforcementSec. 2001. Short title.Sec. 2002. Establishment of U.S. Immigration and Customs Enforcement.Division C—United States Citizenship and Immigration ServicesSec. 3001. Short title.Sec. 3002. Establishment of United States Citizenship and Immigration Services.Division D—United States Secret ServiceSec. 4001. Short title.Sec. 4002. Presidential appointment of Director of the Secret Service.Sec. 4003. Restricted building or grounds.Sec. 4004. Threats against former vice presidents.Sec. 4005. Increased training.Sec. 4006. Training facilities.Sec. 4007. Evaluation of vulnerabilities and threats.Sec. 4008. Evaluation of use of technology.Sec. 4009. Evaluation of use of additional weaponry.Sec. 4010. Security costs for secondary residences.Sec. 4011. Establishment of Ethics Program Office.Sec. 4012. Secret Service protection at polling places.Sec. 4013. Sense of Congress.Division E—Coast GuardSec. 5001. Short title.Title I—AuthorizationsSec. 5101. Authorizations of appropriations.Sec. 5102. Authorized levels of military strength and training.Title II—Coast GuardSec. 5201. Training; public safety personnel.Sec. 5202. Commissioned service retirement.Sec. 5203. Officer promotion zones.Sec. 5204. Cross reference.Sec. 5205. Repeal.Sec. 5206. Unmanned aircraft system.Sec. 5207. Coast Guard health-care professionals; licensure portability.Sec. 5208. Incentive contracts for Coast Guard yard and industrial establishments.Sec. 5209. Maintaining cutters in class.Sec. 5210. Congressional affairs; Director.Sec. 5211. Contracting for major acquisitions programs.Sec. 5212. National Security Cutter.Sec. 5213. Radar refresher training.Sec. 5214. Repeal.Sec. 5215. Extension of authority.Sec. 5216. Authorization of amounts for Fast Response Cutters.Sec. 5217. Authorization of amounts for ice trials of icebreaker vessels.Sec. 5218. Shoreside infrastructure.Sec. 5219. Aircraft improvements.Sec. 5220. Acquisition plan for inland waterway and river tenders and Bay-class icebreakers.Sec. 5221. Report on sexual assault victim recovery in the Coast Guard.Title III—Ports and Waterways Safety Sec. 5301. Codification of Ports and Waterways Safety Act.Sec. 5302. Conforming amendments.Sec. 5303. Transitional and savings provisions.Sec. 5304. Rule of construction.Sec. 5305. Advisory Committee: Repeal.Sec. 5306. Regattas and marine parades.Sec. 5307. Regulation of vessels in territorial waters of United States.Title IV—Maritime Transportation SafetySec. 5401. Clarification of logbook entries.Sec. 5402. Technical corrections: licenses, certifications of registry, and merchant mariner documents.Sec. 5403. Numbering for undocumented barges.Sec. 5404. Drawbridge deviation exemption.Sec. 5405. Deadline for compliance with alternate safety compliance programs.Sec. 5406. Authorization for marine debris program.Sec. 5407. Alternative distress signals.Sec. 5408. Atlantic Coast Port Access Route Study recommendations.Sec. 5409. Documentation of recreational vessels.Sec. 5410. Certificates of documentation for recreational vessels.Sec. 5411. Backup global positioning system.Sec. 5412. Waters deemed not navigable waters of the United States for certain purposes.Sec. 5413. Uninspected passenger vessels in St. Louis County, Minnesota.Sec. 5414. Engine cut-off switch requirements.Sec. 5415. Analysis of commercial fishing vessel classification requirements.Title V—MiscellaneousSec. 5501. Repeal.Sec. 5502. Reimbursements for non-Federal construction costs of certain aids to navigation.Sec. 5503. Corrections to provisions enacted by Coast Guard Authorization Acts.Sec. 5504. Ship Shoal Lighthouse transfer: Repeal.Sec. 5505. Coast Guard maritime domain awareness.Sec. 5506. Towing safety management system fees.Sec. 5507. Oil spill disbursements auditing and report.Sec. 5508. Land exchange, Ayakulik Island, Alaska.Sec. 5509. Vessel response plans in the Arctic Report.Sec. 5510. Assessment of public comments on additional anchorages on the Hudson River.Sec. 5511. Public safety answering points and maritime search and rescue coordination.Sec. 5512. Documentation of America’s Finest.Division F—Federal Emergency Management Agency (FEMA)Sec. 6001. Short title.Sec. 6002. Reauthorization of Federal Emergency Management Agency.Sec. 6003. Comprehensive study of disaster costs and losses.Sec. 6004. National Domestic Preparedness Consortium.Sec. 6005. Rural Domestic Preparedness Consortium.Sec. 6006. National preparation and response efforts relating to earthquakes and tsunamis.Sec. 6007. Authorities.Sec. 6008. Center for faith-based and neighborhood partnerships.Sec. 6009. Emergency support functions.Sec. 6010. Review of National Incident Management System.Sec. 6011. Remedial action management program.Sec. 6012. Center for Domestic Preparedness.Sec. 6013. FEMA Senior Law Enforcement Advisor.Sec. 6014. Technical expert authorized.Sec. 6015. Mission support.Sec. 6016. Systems modernization.Sec. 6017. Strategic human capital plan.Sec. 6018. Office of Disability Integration and Coordination of Department of Homeland Security.Sec. 6019. Technical amendments to National Emergency Management.

2.

References

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

A

Homeland Security

B

U.S. Immigration and Customs Enforcement

2001.

Short title

This division may be cited as the Immigration and Customs Enforcement Authorization Act of 2017.

2002.

Establishment of U.S. 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:

442.

Establishment of U.S. Immigration and Customs Enforcement

(a)

Establishment

There is established within the Department an agency to be known as U.S. Immigration and Customs Enforcement. (b)

Director of U.S. Immigration and Customs Enforcement

There shall be at the head of U.S. Immigration and Customs Enforcement a Director of U.S. Immigration and Customs Enforcement (in this section referred to as the Director). (c)

Duties and qualifications

The Director shall— (1)have a minimum five years— (A)professional experience in law enforcement (which may include enforcement of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) or the customs and trade laws of the United States, as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301)); and (B)management experience; (2)identify, arrest, detain and seek the removal of inadmissible and deportable aliens and otherwise enforce the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), other than through criminal prosecutions; (3)investigate and, where appropriate, refer for prosecution, any criminal or civil violation of Federal law relating to or involving— (A)the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))); (B)border control and security, including the prevention of the entry or residence of terrorists, criminals, and human rights violators; (C)the customs and trade laws of the United States, as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301); (D)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 currency or other monetary instruments; (E)bulk cash smuggling or other financial crimes with a cross border or international nexus; (F)transnational gang activity; (G)chapter 40 or 44 of title 18, United States Code, or other violation relating to firearms, explosives, or other destructive devices involving an alien; (H)severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (I)the production, procurement, counterfeiting, alteration, or use of fraudulent immigration documents or fraudulently obtaining immigration benefits; (J)unlawful use of personal information, including immigration document fraud, when such use relates to or affects border security, terrorism, customs, immigration, naturalization, trade, travel, or transportation security; (K)drug laws, as specified in the Controlled Substance Act and the Controlled Substance Import and Export Act in the context of cross-border criminal activity; or (L)fraud or false statements relating to or involving any matter specified in this paragraph. (4)administer the National Intellectual Property Rights Coordination Center established in section 305 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125; 19 U.S.C. 4344); (5)jointly with the Commissioner of U.S. Customs and Border Protection, develop and submit the joint strategic plan required under section 105 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125; 19 U.S.C. 4314); (6)coordinate with Federal, State, local, tribal, and foreign agencies in carrying out the duties described in paragraphs (2) and (3); (7)in coordination with the Department of State and the Office of International Affairs of the Department, establish staff liaison offices and vetted units in appropriate foreign countries to support the counterterrorism efforts and other international activities including investigations and repatriation efforts; (8)assign employees of the Department to diplomatic and consular posts, in coordination with the Secretary, pursuant to section 426(e); (9)establish, maintain, and administer appropriate interagency law enforcement centers in furtherance of the Director’s statutory duties, including interagency centers, in accordance with applicable law, or as prescribed by the Secretary; (10)administer the Border Enforcement Security Task Force established under section 429; (11)operate the Cyber Crimes Center established in section 890A; (12)in carrying out paragraph (3), administer internal conspiracy investigations at United States ports of entry; and (13)carry out other duties and powers prescribed by law, or delegated by the Secretary. (d)

General enforcement powers

The Director may authorize agents and officers of U.S. Immigration and Customs Enforcement to— (1)carry out the duties and responsibilities authorized under sections 287 and 274A of the Immigration and Nationality Act (8 U.S.C. 1357 and 8 U.S.C. 1324(a)) and section 589 of the Tariff Act of 1930 (19 U.S.C. 1589a); (2)offer and pay rewards for services and information leading to the apprehension of persons involved in the violation or attempted violation of those provisions of law which United States Immigration and Customs Enforcement is authorized by statute to enforce; (3)conduct undercover investigative operations pursuant to section 294 of the Immigration and Nationality Act (8 U.S.C. 1363a), and section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081; enacted as part of the Anti-Drug Abuse Act of 1986); and (4)carry out other duties and responsibilities provided under the laws of the United States. (e)

Deputy Director

There shall be a Deputy Director of United States U.S. Immigration and Customs Enforcement who shall assist the Director in managing U.S. Immigration and Customs Enforcement and who shall assist the Director in carrying out the Directors duties. (f)

Office of Homeland Security Investigations

(1)

In general

There is established in U.S. Immigration and Customs Enforcement an 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 U.S. Immigration and Customs Enforcement with a 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 responsibility to conduct investigations of, and, where appropriate, refer for prosecution, any criminal or civil violation of Federal law, including— (i)money laundering offenses with a cross-border nexus; (ii)bulk cash smuggling with a cross-border nexus; (iii)commercial fraud with a cross-border nexus and intellectual property theft; (iv)cybercrimes; (v)human smuggling and human trafficking as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) , and human rights violations as defined by 28 U.S.C. 509B(e); (vi)narcotics and weapons smuggling and trafficking; (vii)export violations; (viii)international art and antiquity theft; (ix)identity and benefits fraud, as those terms are defined in title 8 and title 18, United States Code, relating to or involving any matter specified in this subparagraph; and (x)any other criminal or civil violation prescribed by law or delegated by the Director; (C)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; (D)administer a National Export Enforcement Coordination Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations of export control offenses; (E)conduct investigations of alleged violations of, and make arrests under, section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), including referring for prosecution, or levying monetary penalties against, an employer found to be in violation of such section, and administratively arresting, and initiating removal proceeding against, an alien unlawfully employed; (F)administer a Human Smuggling and Trafficking Center, which shall serve as the primary information sharing forum within the Federal Government to coordinate, promote, and assist Federal and international investigations in human smuggling and trafficking investigations; (G)administer the Bulk Cash Smuggling Center, which shall serve to investigate domestic and international bulk cash smuggling activities and support law enforcement in efforts to investigate and restrict bulk cash smuggling; (H)investigate and refer for prosecution public safety matters involving (to the extent provided in subsection (b)(4))— (i)large-scale operations prosecuted pursuant to chapter 96 (relating to racketeer influenced and corrupt organizations) of title 18, United States Code; and (ii)the smuggling into, and sale within, the United States of weapons; 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 U.S. Immigration and Customs Enforcement an 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, arrest, detain, and seek the removal of aliens in custodial settings or at-large, and remove aliens ordered removed, who— (i)are inadmissible or deportable under sections 212(a)(3) or 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3) or 1227(a)(4)), or otherwise present a national security risk to the United States; (ii)are inadmissible or deportable under sections 212(a)(2) or 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) or 1227(a)(2)); (iii)undermine the border security efforts and operations of the United States; (iv)enter the United States in violation of Federal law; (v)are unlawfully present in the United States; (vi)are members of a criminal gang or participate in gang-related crimes, except as described in subsection (f)(3); (vii)constitute threats to the public safety; or (viii)are otherwise subject to exclusion, deportation, or removal from the United States. (C)refer for prosecution aliens described in subparagraph (B) or section 922(g)(5) of title 18, United States Code; (D)have custody (and the authority to release) over aliens detained for potential exclusion, deportation, or removal from the United States, manage the administrative immigration detention operations of U.S. Immigration and Customs Enforcement, and provide necessary, and appropriate medical care to detained aliens in the custody of the agency; (E)plan, coordinate, and manage the execution of exclusion, deportation, and removal orders issued to aliens; (F)investigate and refer for prosecution a civil or criminal violation of the immigration laws or an offense described in section 287(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1357(a)(5)); and (G)carry out other duties and powers as prescribed by the Director. (h)

Office of the Principal Legal Advisor

(1)

In general

There is established in U.S. Immigration and Customs Enforcement an 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. (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 U.S. Immigration and Customs Enforcement in venues and fora as authorized by the Director or General Counsel of the Department of Homeland Security, or otherwise permitted by law; and (D)carry out other duties and powers as prescribed by the Director. (i)

Office of Professional Responsibility

(1)

In general

There is established in U.S. Immigration and Customs Enforcement an 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 U.S. Immigration and Customs Enforcement; (B)inspect and review United States Immigration and Customs Enforcement’s offices, operations, and processes, including detention facilities operated or used by U.S. Immigration and Customs Enforcement, and provide an independent review of United States Immigration and Custom Enforcement’s organizational health, effectiveness, and efficiency of mission; (C)provide and manage the security programs and operations for U.S. Immigration and Customs Enforcement; and (D)carry out other duties and powers as prescribed by the Director. (j)

Office of Management and Administration

(1)

In general

There is established in U.S. Immigration and Customs Enforcement an Office of Management and Administration. (2)

Executive Associate Director

There shall be at the head of the Office of Management and Administration an Executive Associate Director, who shall report to the Director. (3)

Duties

The Office of Management and Administration shall— (A)administer the Office of Human Capital to provide guidance to the agency and ensure compliance with human resources policies and practices; (B)administer the Office of Chief Financial Officer; (C)administer the Office of Policy to develop and communicate the agency policies and priorities; (D)create best practices to efficiently respond to all Freedom of Information Act requests received by the agency; (E)manage all information technology systems within the agency; and (F)carry out additional duties as assigned or delegated by the Director. (k)

Departmental evidence databases

Notwithstanding any other provision of this Act, any officer within the Office of Enforcement and Removal Operations engaged in the duties of that office under subsection (f)(3)(C) or (f)(3)(F) shall be provided access, in connection to such duties, to databases necessary for the proper collection, recordation, and retention of any evidence collected. (l)

Other authorities

(1)

In general

The Secretary may establish such other Executive Associate Directors, or other similar positions or officials, as the secretary determines necessary to carry out the missions, duties, functions, and authorities of U.S. Immigration and Customs Enforcement. (2)

Notification

If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days before exercising such authority. (m)

Other Federal agencies

Nothing in this section may be construed as affecting or limiting in any manner the authority, as in existence on the day before the date of the enactment of this section, of any other Federal agency or other component of the Department.

. (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. In addition to the functions, missions, duties, and authorities specified in such amended section 442, U.S. 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 (notwithstanding the treatment described in this paragraph). (2)

Rules of construction

(A)

Rules and regulations

Notwithstanding the treatment described in paragraph (1), nothing in this division 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 division, and any such rule or regulation shall continue to have full force and effect on and after such date. (B)

Other actions

Notwithstanding the treatment described in paragraph (1), nothing in this division 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 division, 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 the Director of U.S. Immigration and Customs Enforcement on the day before the date of the enactment of this division (notwithstanding the treatment described in subsection (b)(1)) may serve as the Director of U.S. Immigration and Customs Enforcement in accordance with section 442 of the Homeland Security Act of 2002, as amended by subsection (a), 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 section 441. (2)

Other positions

The individuals serving as the Deputy Director, Executive Associate Directors, Deputy Executive Associate Directors, or similar officers or officials of U.S. Immigration and Customs Enforcement under section 442 of the Homeland Security Act of 2002 on the day before the date of the enactment of this division (notwithstanding the treatment described in subsection (b)(1)) may serve as the appropriate Deputy Director, Executive Associate Directors, Deputy Executive Associate Directors, Associate Directors, Deputy Associate Directors, Assistant Directors, and other officers and officials under section 442 of such Act, as amended by subsection (a), unless the Director of U.S. Immigration and Customs Enforcement determines that another individual should hold such position. (c)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 442 and inserting the following: Sec. 442. Establishment of U.S. Immigration and Customs Enforcement.. (d)

Transportation

Section 1344(b)(6) of title 31, United States Code, is amended by inserting the Director of U.S. Immigration and Customs Enforcement, the Commissioner of U.S. Customs and Border Protection, after the Administrator of the Drug Enforcement Administration,. (e)

Rule of construction

Nothing in this Act or the amendments made by this Act may be construed as creating any new ground for removal under the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). (f)

Sense of Congress

It is the sense of Congress that a primary mission of U.S. Immigration and Customs Enforcement is to enforce the full range of immigration laws within the interior of the United States. (g)

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 U.S. Immigration and Customs Enforcement.. (2)

Inspector General Act of 1978

Section 8I(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the Bureau of Border Security, and inserting United States Immigration and Customs Enforcement,. (3)

Trade Facilitation and Trade Enforcement Act of 2015

Paragraph (2) of section 802(d) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125) is amended by inserting before the period at the end of the following: or the Director of U.S. Immigration and Customs Enforcement, as determined by the Secretary of Homeland Security. (4)

Homeland Security Act of 2002

Title IV of the Homeland Security Act of 2002 is amended— (A)in subtitle C— (i)in subsection (e) of section 426 (as redesignated in section 1705 of this Act), by adding at the end the following new paragraph: (9)

Delegated authority

For purposes of this subsection, the Secretary shall act through the Director of U.S. Immigration and Customs Enforcement.; and (ii)in section 429 (as redesignated in section 1705 of this Act)— (I)by redesignating subsection (e) as subsection (f); and (II)by inserting after subsection (d) the following new subsection: (e)

Administration

The Director of U.S. Immigration and Customs Enforcement shall administer BEST units established under this section.; and (B)in subtitle E, 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; and (h)

Clerical amendments

The table of contents in section 1(b) of such Act is amended by striking the item relating to subtitle D of title IV and inserting the following new item: Subtitle D—U.S. Immigration and Customs Enforcement.

C

United States Citizenship and Immigration Services

3001.

Short title

This division may be cited as the United States Citizenship and Immigration Services Authorization Act.

3002.

Establishment of United States Citizenship and Immigration Services

(a)

In general

Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is amended to read as follows:

451.

Establishment of United States Citizenship and Immigration Services

(a)

Establishment

There is established within the Department an agency to be known as United States Citizenship and Immigration Services. (b)

Director of United States Citizenship and Immigration Services

There shall be at the head of United States Citizenship and Immigration Services a Director of United States Citizenship and Immigration Services (in this section referred to as the Director). (c)

Qualifications and duties

The Director shall— (1)have at least 5 years of management experience; (2)establish the policies and priorities of United States Citizenship and Immigration Services; (3)advise the Secretary of any policy or operation that affects, in a significant manner, the mission of another Department component; (4)meet regularly with the U.S. Citizenship and Immigration Services Ombudsman (established in section 452). (5)carry out— (A)the adjudication of immigrant and nonimmigrant visa applications and petitions; (B)the adjudication of naturalization applications; (C)the adjudication of asylum and refugee applications; (D)adjudications performed at service centers; and (E)all other adjudications formerly performed pursuant to this section by the Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services, on the day before the date of the enactment of the United States Citizenship and Immigration Services Authorization Act; and (6)carry out other duties and powers prescribed by law or delegated by the Secretary. (d)

Deputy Director

There shall be a Deputy Director of United States Citizenship and Immigration Services who shall assist the Director in managing United States Citizenship and Immigration Services and who shall assist the Director in carrying out the Directors duties. (e)

Office of the Chief Counsel

(1)

In general

There is established within United States Citizenship and Immigration Services an Office of the Chief Counsel. (2)

Chief Counsel

There shall be at the head of the Office of the Chief Counsel a Chief Counsel. (3)

Duties

The Office of the Chief Counsel shall— (A)provide specialized legal advice, opinions, determinations, and other assistance to the Director with respect to legal matters affecting United States Citizenship and Immigration Services; (B)represent United States Citizenship and Immigration Services in visa petition appeal proceedings when applicable; and (C)carry out other duties and powers prescribed by law or delegated by the Director. (f)

Office of Policy and Strategy

(1)

In general

There is established within United States Citizenship and Immigration Services an Office of Policy and Strategy. (2)

Chief

There shall be at the head of the Office of Policy and Strategy a Chief. (3)

Duties

The Office of Policy and Strategy shall— (A)develop policy recommendations for the Director; (B)coordinate strategy for policy implementation; and (C)carry out other duties and powers prescribed by law or delegated by the Director. (g)

Office of Citizenship

(1)

In general

There is established within United States Citizenship and Immigration Services an Office of Citizenship. (2)

Chief

There shall be at the head of the Office of Citizenship a Chief. (3)

Duties

The Office of Citizenship shall— (A)promote instruction and training on citizenship responsibilities, as well as assimilation and civic integration, for eligible aliens who are interested in becoming naturalized citizens of the United States; and (B)carry out other duties and powers prescribed by law or delegated by the Director. (h)

Fraud Detection and National Security Directorate

(1)

In general

There is established within United States Citizenship and Immigration Services a Fraud Detection and National Security Directorate. (2)

Associate Director

There shall be at the head of the Fraud Detection and National Security Directorate an Associate Director who shall report to the Director. (3)

Duties

The Fraud Detection and National Security Directorate Office of Citizenship shall in a manner that is consistent with the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))— (A)seek to prevent immigration benefits from being granted to individuals who pose a threat to national security or public safety; (B)seek to prevent immigration benefits from being granted to individuals who defraud the immigration system; (C)conduct security and background investigations of applicants for immigration benefits and develop systems and techniques for identifying and preventing immigration benefits fraud; (D)investigate and refer to U.S. Immigration and Customs Enforcement, where appropriate, incidents of known or suspected fraud; and (E)carry out other duties and powers prescribed by law or delegated by the Director. (i)

Immigration Records and Identity Services Directorate

(1)

In general

There is established within United States Citizenship and Immigration Services an Immigration Records and Identity Services Directorate. (2)

Associate Director

There shall be at the head of the Immigration Records and Identity Services Directorate an Associate Director who shall report to the Director. (3)

Duties

The Immigration Records and Identity Services Directorate shall— (A)manage the operation of an employment eligibility verification system as provided for by section 404 of the Illegal Immigration and Immigrant Responsibility Act of 1996 (U.S.C. 1324a note) or any successor provision; (B)manage the operation of the Systematic Alien Verification for Entitlements Program, or its successor program, designed to assist Federal, State, and local benefit-issuing agencies, institutions, and licensing agencies in determining the immigration status of benefit applicants so only those legally entitled to benefits receive them; (C)manage the biometric services, including the collection and dissemination of biometric information, provided to United States Citizenship and Immigration Services components; (D)manage immigration records and provide information regarding such records to stakeholders; and (E)carry out other duties and powers prescribed by law or delegated by the Director. (j)

Field Operations Directorate

(1)

In general

There is established within United States Citizenship and Immigration Services a Field Operations Directorate. (2)

Associate Director

There shall be at the head of the Field Operations Directorate an Associate Director who shall report to the Director. (3)

Duties

The Field Operations Directorate shall— (A)oversee all field offices; (B)oversee the adjudication of immigration benefits applications and petitions, and naturalization applications; (C)conduct interviews for pending immigration benefits applications and petitions; (D)conduct naturalization ceremonies; (E)conduct required security and background security checks for pending applications and petitions; (F)ensure the integrity of immigration benefit processing that occurs at the field offices; and (G)carry out other duties and powers prescribed by law or delegated by the Director. (k)

Refugee, Asylum, and International Operations Directorate

(1)

In general

There is established within United States Citizenship and Immigration Services a Refugee, Asylum, and International Operations Directorate. (2)

Associate Director

There shall be at the head of the Refugee, Asylum, and International Operations Directorate an Associate Director who shall report to the Director. (3)

Duties

The Refugee, Asylum, and International Operations Directorate shall— (A)oversee refugee application adjudication and interviews; (B)oversee asylum application adjudication and interviews; (C)seek to ensure the integrity of application processing that occurs under the Refugee, Asylum and International Operations Directorate’s authority; (D)perform other authorized functions of United States Citizenship and Immigration Services outside of the United States, such as those associated with international adoptions and naturalization of members the Armed Forces; and (E)carry out other duties and powers prescribed by law or delegated by the Director. (l)

Service Center Operations Directorate

(1)

In general

There is established within United States Citizenship and Immigration Services a Service Center Operations Directorate. (2)

Associate Director

There shall be at the head of the Service Center Operations Directorate an Associate Director who shall report to the Director. (3)

Duties

The Service Center Operations Directorate shall— (A)oversee and manage all Service Centers; (B)oversee the adjudication of immigration benefit applications and petitions that occur at Service Centers; (C)seek to ensure the integrity of immigration benefits processing that occurs at the Service Centers; and (D)carry out other duties and powers prescribed by law or delegated by the Director. (m)

Management Directorate

(1)

In general

There is established within United States Citizenship and Immigration Services a Management Directorate. (2)

Associate Director

There shall be at the head of the Management Directorate an Associate Director who shall report to the Director. (3)

Duties

The Management Directorate shall carry out management duties and powers prescribed by law or delegated by the Director. (n)

Office of Professional Responsibility

(1)

In general

There is established within United States Citizenship and Immigration Services an Office of Professional Responsibility. (2)

Chief

There shall be at the head of the Office of Professional Responsibility a Chief who shall report to the Director. (3)

Duties

The Office of Professional Responsibility shall— (A)seek to ensure compliance with all United States Citizenship and Immigration Services programs and policies relating to corruption, misconduct, or mismanagement; (B)investigate allegations of administrative, civil, and criminal misconduct involving any employee or contractor of United States Citizenship and Immigration Services; and (C)carry out other duties and powers prescribed by law or delegated by the Director. (o)

Other authorities

(1)

In general

The Secretary may establish such other Associate Directors, or other similar positions or officials, as the Secretary determines necessary to carry out the missions, duties, functions, and authorities of United States Citizenship and Immigration Services. (2)

Notification

If the Secretary exercises the authority provided pursuant to paragraph (1), the Secretary shall notify the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate not later than 30 days prior to the exercise of such authority.

. (b)

Special rules

(1)

Treatment

Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271), 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. In addition to the functions, missions, duties, and authorities specified in such amended section 451, United States Citizenship and Immigration Services shall continue to perform and carry out the functions, missions, duties, and authorities under section 451 of such Act as in existence on the day before such date of enactment (notwithstanding the treatment described in this paragraph). (2)

Rules of construction

(A)

Rules and regulations

Notwithstanding the treatment described in paragraph (1), nothing in this division may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271), as in existence on the day before the date of the enactment of this division, and any such rule or regulation shall continue to have full force and effect on and after such date. (B)

Other actions

Notwithstanding the treatment described in paragraph (1), nothing in this division may be construed as affecting in any manner any action, determination, policy, or decision pursuant to section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) as in existence on the day before the date of the enactment of this division, 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 Director of United States Citizenship and Immigration Services on the day before the date of the enactment of this division may, notwithstanding the treatment provision under paragraph (1) of subsection (b), continue to serve as the Director of United States Citizenship and Immigration Services on and after such date of enactment in accordance with section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271), as amended by subsection (a) of this section, 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 451. (2)

Other positions

The individuals serving as Chiefs, Associate Directors and other officers and officials under section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) on the day before the date of the enactment of this division may, notwithstanding the treatment provision under paragraph (1) of subsection (b), serve as the appropriate Chiefs, Assistant Directors and other officers and officials under such section 451 as amended by subsection (a) of this section unless the Director of United States Citizenship and Immigration Services determines that another individual should hold such position. (d)

References

(1)

Title 5

Section 5314 of title 5, United States Code, is amended by striking Director of the Bureau of Citizenship and Immigration Services and inserting Director of United States Citizenship and Immigration Services, Department of Homeland Security. (2)

Other references

On and after the date of the enactment of this division, any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority to the Director of the Bureau of Citizenship and Immigration Services or the Bureau of Citizenship and Immigration Services shall be deemed to be a reference to the Director of United States Citizenship and Immigration Services or United States Citizenship and Immigration Services, respectively. (e)

Employee discipline

Section 454 of the Homeland Security Act of 2002 is amended to read as follows:

454.

Employee discipline

Notwithstanding any other provision of law, the Secretary may impose disciplinary action on any employee of United States Citizenship and Immigration Services who knowingly deceives Congress or agency leadership on any matter.

. (f)

Combination prohibition

(1)

In general

Section 471 of the Homeland Security Act of 2002 is amended to read as follows:

471.

Combination prohibition

The authority provided by section 1502 may be used to reorganize functions or organizational units within U.S. Immigration and Customs Enforcement or United States Citizenship and Immigration Services, but may not be used to combine the two components into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two components with each other.

. (2)

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 471 to read as follows: Sec. 471. Combination prohibition..

D

United States Secret Service

4001.

Short title

This division may be cited as the Secret Service Reauthorization Act of 2017.

4002.

Presidential appointment of Director of the Secret Service

Section 3056 of title 18, United States Code, is amended by adding at the end: (h)The Director of the Secret Service shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Secret Service is the head of the Secret Service..

4003.

Restricted building or grounds

Section 1752(a) of title 18, United States Code, is amended— (1)in paragraph (3), by striking or at the end; (2)in paragraph (4), by inserting or at the end; and (3)by inserting after paragraph (4) the following: (5)knowingly, and with the intent to enter a restricted building or grounds, causes any object to enter any restricted building or grounds, when, or so that, such object, in fact, impedes or disrupts the orderly conduct of government business or official functions;.

4004.

Threats against former vice presidents

Section 879(a) of title 18, United States Code, is amended— (1)in paragraph (4), by striking section 3056(a)(6); and inserting paragraph (6) or (8) of section 3056(a); or; and (2)by inserting after paragraph (4) the following: (5)a person protected by the Secret Service under a Presidential memorandum;.

4005.

Increased training

Beginning in the first full fiscal year after the date of enactment of this Act, the Director of the Secret Service shall increase the annual number of hours spent training by officers and agents of the Secret Service, including officers of the United States Secret Service Uniformed Division established under section 3056A of title 18, United States Code and agents operating pursuant to section 3056 of title 18, United States Code, including joint training between the two.

4006.

Training facilities

The Director of the Secret Service is authorized to construct facilities at the Rowley Training Center necessary to improve the training of officers of the United States Secret Service Uniformed Division established under section 3056A of title 18, United States Code and agents of the United States Secret Service, operating pursuant to section 3056 of title 18, United States Code.

4007.

Evaluation of vulnerabilities and threats

(a)

In general

The Director of the Secret Service shall devise and adopt improved procedures for evaluating vulnerabilities in the security of the White House and threats to persons protected by the Secret Service, including threats posed by unmanned aerial systems or explosive devices. (b)

Report

Not later than 1 year after the date of enactment of this Act, the Director of the Secret Service shall report on the implementation of subsection (a) to— (1)the Committee on the Judiciary of the House of Representatives; (2)the Committee on the Judiciary of the Senate; (3)the Committee on Homeland Security of the House of Representatives; (4)the Committee on Homeland Security and Governmental Affairs of the Senate; and (5)the Committee on Oversight and Government Reform of the House of Representatives.

4008.

Evaluation of use of technology

(a)

In general

The Director of the Secret Service, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, and other experts, shall devise and adopt improved procedures for— (1)evaluating the ways in which technology may be used to improve the security of the White House and the response to threats to persons protected by the Secret Service; and (2)retaining evidence pertaining to the duties referred to in paragraph (1) for an extended period of time. (b)

Report

Not later than 1 year after the date of enactment of this Act, the Director of the Secret Service shall report on the implementation of subsection (a) to— (1)the Committee on the Judiciary of the House of Representatives; (2)the Committee on the Judiciary of the Senate; (3)the Committee on Homeland Security of the House of Representatives; (4)the Committee on Homeland Security and Governmental Affairs of the Senate; and (5)the Committee on Oversight and Government Reform of the House of Representatives.

4009.

Evaluation of use of additional weaponry

The Director of the Secret Service shall evaluate the practicability of equipping agents and officers with weapons other than those provided to officers and agents of the Secret Service as of the date of enactment of this Act, including nonlethal weapons.

4010.

Security costs for secondary residences

(a)

In general

The Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) is amended by striking section 4 and inserting the following:

4.

Notification regarding expenditures on non-Governmental properties

The Secret Service shall notify the Committees on Appropriations of the House and Senate of any expenditures for permanent facilities, equipment, and services to secure any non-Governmental property in addition to the one non-Governmental property designated by each protectee under subsection (a) or (b) of section 3.

. (b)

Conforming amendments

The Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note), as amended by this Act, is further amended— (1)in section 3(b), by striking any expenditures by the Secret Service and all that follows through imposed under section 4 and inserting any expenditures by the Secret Service for permanent facilities, equipment, and services to secure the non-Governmental property previously designated under subsection (a) are subject to the requirements set forth in section 4; and (2)in section 5(c), by striking within the limitations imposed under section 4.

4011.

Establishment of Ethics Program Office

Subject to the oversight of the Office of Chief Counsel of the United States Secret Service, the Director of the Secret Service shall establish an Ethics Program Office, consisting of a minimum of two employees, to administer the provisions of the Ethics in Government Act of 1978, as amended, and to provide increased training to employees of the United States Secret Service.

4012.

Secret Service protection at polling places

Section 592 of title 18, United States Code, is amended by adding at the end the following: This section shall not prevent any officer or agent of the United States Secret Service from providing armed protective services authorized under section 3056 or pursuant to a Presidential memorandum at any place where a general or special election is held..

4013.

Sense of Congress

It is the sense of Congress that an assessment made by the Secretary of Homeland Security or the Director of the Secret Service with regard to physical security of the White House and attendant grounds, and any security-related enhancements thereto should be accorded substantial deference by the National Capital Planning Commission, the Commission of Fine Arts, and any other relevant entities.

E

Coast Guard

5001.

Short title

This Act may be cited as the Coast Guard Authorization Act of 2017.

F

Federal Emergency Management Agency (FEMA)

6001.

Short title

This division may be cited as the FEMA Reauthorization Act of 2017.

6002.

Reauthorization of Federal Emergency Management Agency

Section 699 of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295; 6 U.S.C. 811) is amended— (1)by striking administration and operations each place it appears and inserting management and administration; (2)in paragraph (2), by striking ; and; (3)in paragraph (3), by striking the period and inserting ; and; and (4)by adding at the end the following: (4)for fiscal year 2018, $1,049,000,000; (5)for fiscal year 2019, $1,065,784,000; and (6)for fiscal year 2020, $1,082,836,544..

6003.

Comprehensive study of disaster costs and losses

(a)

Establishment

Not later than 30 days after the date of enactment of this Act, the Administrator shall begin, acting through the National Advisory Council, a comprehensive study relating to disaster costs and losses and Federal disaster assistance. (b)

Additional membership

For the purposes of the comprehensive study required under subsection (a), as soon as practicable after the date of enactment of this Act, the Administrator shall appoint the following members to the National Advisory Council: (1)Individuals who have the requisite technical knowledge and expertise on issues related to disaster costs and losses. (2)Representatives of the insurance industry. (3)Experts in and representatives of the construction and building industry. (4)Individuals nominated by national organizations representing State, local, and Tribal governments and personnel. (5)Academic experts. (6)Representatives of the private industry, such as vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services. (7)Other members, as the Administrator considers appropriate. (c)

Consultation with nonmembers

For the purposes of the comprehensive study required under subsection (a), the National Advisory Council shall consult with other relevant agencies and entities that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies, and developments, including— (1)entities engaged in federally funded research; and (2)academic institutions engaged in relevant work and research. (d)

Study requirements

Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate disaster costs and losses and Federal disaster assistance, including consideration of the following: (1)

Trends and contributing factors

An assessment of trends, and factors contributing to such trends (such as shifting demographics and aging infrastructure), in disaster costs and losses and Federal disaster assistance, including the following: (A)Loss of life and injury. (B)Property damage and other costs to individuals, the private sector, and each level of government. (C)Presidentially declared disasters. (D)Disaster assistance available from all Federal sources. (2)

Disaster roles and responsibility

Fundamental principles that drive national disaster assistance decision making, including the appropriate roles for each level of government, the private sector, and individuals. (e)

Recommendations

The National Advisory Council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver Federal disaster assistance, including consideration of the following: (1)Actions to enhance national disaster assistance decision making. (2)Incentives, including tax incentives, to reduce disaster costs and losses and promote a more efficient and effective use of Federal disaster assistance. (3)Mechanisms to promote disaster cost and loss reduction, mitigation, and resiliency. (4)Legislative proposals, including proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113–2; 127 Stat. 49). (5)Legal, societal, geographic, technological, and other challenges to implementation of recommendations. (6)Projected dollar savings and efficiencies, including measures of effectiveness, from recommendations. (f)

Report to administrator and congress

Not later than 1 year after the National Advisory Council convenes under subsection (d), the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsections (d) and (e) to— (1)the Administrator; (2)the Committee on Transportation and Infrastructure of the House of Representatives; and (3)the Committee on Homeland Security and Governmental Affairs of the Senate. (g)

Availability of information

The Administrator shall make the data collected pursuant to this section publicly available on the website of the Agency.

6004.

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 (c), by inserting to the extent practicable, provide training in settings that simulate real response environments, such as urban areas, after levels,; (2)in subsection (d), by striking paragraphs (1) and (2) and inserting the following: (1)for the Center for Domestic Preparedness— (A)$63,939,000 for fiscal year 2018; (B)$64,962,024 for fiscal year 2019; and (C)$66,001,416 for fiscal year 2020; and (2)for the members referred to in paragraphs (2) through (7) of subsection (b)— (A)$101,000,000 for fiscal year 2018; (B)$102,606,000 for fiscal year 2019; and (C)$104,247,856 for fiscal year 2020.; and (3)in subsection (e) by striking— (A)each of the following entities and inserting members enumerated in section (b); (B)2007— and inserting 2015. and (C)paragraphs (1) through (5).

6005.

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).

6006.

National preparation and response efforts relating to earthquakes and tsunamis

The Administrator of the Federal Emergency Management Agency shall be responsible for the Nation’s efforts to reduce the loss of life and property, and to protect the Nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event.

6007.

Authorities

Notwithstanding any other provision of law, the non-federally funded actions of private parties, State, local, or Tribal governments, on State, local, Tribal, and private land, and the effects of those actions, shall not be attributed to the Federal Emergency Management Agency's actions under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–89; 128 Stat. 1020) for the purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species Act. Actions taken under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014, that may influence private actions do not create a Federal nexus for the purpose of applying the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536).

6008.

Center for faith-based and neighborhood partnerships

(a)

In general

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

529.

Center for Faith-Based and Neighborhood Partnerships

(a)

In general

There is established in the Agency a Center for Faith-Based and Neighborhood Partnerships, headed by a Director appointed by the Secretary. (b)

Mission

The mission of the Center shall be to develop and coordinate Departmental outreach efforts with faith-based and community organizations and serve as a liaison between such organizations and components of the Department for activities related to securing facilities, emergency preparedness and response, and combating human trafficking. (c)

Responsibilities

In support of the mission of the Center for Faith-Based and Neighborhood Partnerships, the Director shall— (1)develop exercises that engage faith-based and community organizations to test capabilities for all hazards, including active shooter incidents; (2)coordinate the delivery of guidance and training to faith-based and community organizations related to securing their facilities against natural disasters, acts of terrorism, and other man-made disasters; (3)conduct outreach to faith-based and community organizations regarding guidance, training, and exercises and Departmental capabilities available to assist faith-based and community organizations to secure their facilities against natural disasters, acts of terrorism, and other man-made disasters; (4)facilitate engagement and coordination among the emergency management community and faith-based and community organizations; (5)deliver training and technical assistance to faith-based and community-based organizations and provide subject-matter expertise related to anti-human trafficking efforts to help communities successfully partner with other Blue Campaign components; and (6)perform any other duties as assigned by the Administrator.

. (b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 528 the following: Sec. 529. Center For Faith-Based And Neighborhood Partnerships..

6009.

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..

6010.

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.

6011.

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:

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 pursuant to 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.

.

6012.

Center for Domestic Preparedness

(a)

Implementation plan

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

Comptroller General review

Not later than one year after the date of the enactment of this section, the Comptroller General of the United States shall review and report to Congress on the status of the implementation plan required by subsection (a) and the governance structure at the Chemical, Ordnance, Biological and Radiological Training Facility of the Center for Domestic Preparedness of the Federal Emergency Management Agency.

6013.

FEMA Senior Law Enforcement Advisor

(a)

In general

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

530.

Senior Law Enforcement Advisor

(a)

Establishment

There is established in the Agency a Senior Law Enforcement Advisor to serve as a qualified expert to the Administrator for the purpose of strengthening the Agency’s coordination among State, local, and Tribal law enforcement. (b)

Qualifications

The Senior Law Enforcement Advisor shall have an appropriate background with experience in law enforcement, intelligence, information sharing, and other emergency response functions. (c)

Responsibilities

The Senior Law Enforcement Advisor shall— (1)coordinate on behalf of the Administrator with the Office for State and Local Law Enforcement under section 2006 for the purpose of ensuring State, local, and Tribal law enforcement receive consistent and appropriate consideration in policies, guidance, training, and exercises related to preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States; (2)work with the Administrator and the Office for State and Local Law Enforcement under section 2006 to ensure grants to State, local, and Tribal government agencies, including programs under sections 2003, 2004, and 2006(a), appropriately focus on terrorism prevention activities; and (3)serve other appropriate functions as determined by the Administrator.

. (b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by this Act, is further amended by inserting after the item relating to section 529 the following new item: Sec. 530. Senior Law Enforcement Advisor..

6014.

Technical expert authorized

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)identify and integrate the needs of children into activities to prepare for, protect against, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such activities, as necessary..

6015.

Mission support

(a)

Establishment

The Administrator of the Federal Emergency Management Agency shall designate an individual to serve as the chief management official and principal advisor to the Administrator on matters related to the management of the Federal Emergency Management Agency, including management integration in support of emergency management operations and programs. (b)

Mission and responsibilities

The Administrator of the Federal Emergency Management Agency, acting through the official designated pursuant to subsection (a), shall be responsible for the management and administration of the Federal Emergency Management Agency, including with respect to the following: (1)Procurement. (2)Human resources and personnel. (3)Information technology and communications systems. (4)Real property investment and planning, facilities, accountable personal property (including fleet and other material resources), records and disclosure, privacy, safety and health, and sustainability and environmental management. (5)Security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. (6)Any other management duties that the Administrator may designate. (c)

Mount Weather Emergency Operations and Associated Facilities

Nothing in this section shall be construed as limiting or otherwise affecting the role or responsibility of the Assistant Administrator for National Continuity Programs with respect to the matters described in subsection (b) as such matters relate to the Mount Weather Emergency Operations Center and associated facilities. The management and administration of the Mount Weather Emergency Operations Center and associated facilities remain the responsibility of the Assistant Administrator for National Continuity Programs. (d)

Report

Not later than 270 days after the date of 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.

6016.

Systems modernization

Not later than 180 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.

6017.

Strategic human capital plan

Subsection (c) of section 10102 of title 5, United States Code, is amended by striking 2007 and inserting 2018.

6018.

Office of Disability Integration and Coordination of Department of Homeland Security

(a)

Office of Disability Integration and Coordination

(1)

In general

Section 513 of the Homeland Security Act of 2002 (6 U.S.C. 321b) is amended to read as follows:

513.

Office of Disability Integration and Coordination

(a)

In general

There is established within the Federal Emergency Management Agency an Office of Disability Integration and Coordination, which shall be headed by a Director. (b)

Mission

The mission of the Office is to ensure that individuals with disabilities and other access and functional needs are included in emergency management activities throughout the Agency by providing guidance, tools, methods, and strategies for the purpose of equal physical program and effective communication access. (c)

Responsibilities

In support of the mission of the Office, the Director shall— (1)provide guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (2)oversee Office staff and personnel responsible for disability integration in each regional office with respect to carrying out the mission of the Office; (3)liaise with the staff of the Agency including nonpermanent employees, organizations representing individuals with disabilities, other agencies of the Federal Government, and State, local, and Tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (4)coordinate with the technical expert on the needs of children within the Agency to provide guidance and coordination on matters related to children with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (5)consult with organizations representing individuals with disabilities about access and functional needs in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (6)ensure the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities; (7)collaborate with Agency leadership responsible for training to ensure that qualified experts develop easily accessible training materials and a curriculum for the training of emergency response providers, State, local, and Tribal government officials, and others on the needs of individuals with disabilities; (8)coordinate with the Emergency Management Institute, Center for Domestic Preparedness, Center for Homeland Defense and Security, U.S. Fire Administration, National Exercise Program, and National Domestic Preparedness Consortium to ensure that content related to persons with disabilities, access and functional needs, and children are integrated into existing and future emergency management trainings; (9)promote the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; (10)work to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; (11)ensure the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; (12)provide guidance and implement policies to ensure that the rights and feedback of individuals with disabilities regarding post-evacuation residency and relocation are respected; (13)ensure that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section 644 of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295; 120 Stat. 1425; 6 U.S.C. 744); and (14)perform any other duties as assigned by the Administrator. (d)

Director

After consultation with organizations representing individuals with disabilities, the Administrator shall appoint a Director. The Director shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. (e)

Organizations representing individuals with disabilities defined

For purposes of this section, organizations representing individuals with disabilities shall mean the National Council on Disabilities and the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, among other appropriate disability organizations.

. (2)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 513 and inserting the following new item: 513. Office of Disability Integration and Coordination.. (b)

Reporting

(1)

Report to Congress

Not later than 120 days after the date of the enactment of this section, the Administrator shall submit to Congress a report on the funding and staffing needs of the Office of Disability Integration and Coordination under section 513 of the Homeland Security Act of 2002, as amended by subsection (a). (2)

Comptroller General review

Not later than 120 days after the date of the submittal of the report under paragraph (1), the Comptroller General of the United States shall review the report to evaluate whether the funding and staffing needs described in the report are sufficient to support the activities of the Office of Disability Integration and Coordination.

6019.

Technical amendments to National Emergency Management

(a)

Homeland Security Act of 2002

Title V of the Homeland Security Act of 2002 (6 U.S.C. 501 et seq.) is amended— (1)in section 501(8) (6 U.S.C. 311(8))— (A)by striking National Response Plan each place it appears and inserting National Response Framework; and (B)by striking 502(a)(6) and inserting 504(a)(6); (2)in section 503(b)(2)(A) (6 U.S.C. 313) by inserting and incidents impacting critical infrastructure before the semicolon; (3)in section 504(a) (6 U.S.C. 314(a))— (A)in paragraph (3) by striking , including— and inserting (that includes incidents impacting critical infrastructure), including—; (B)in paragraph (4) by inserting , including incidents impacting critical infrastructure before the semicolon; (C)in paragraph (5) by striking and local and inserting local, and Tribal; (D)in paragraph (6) by striking national response plan and inserting national response framework, which shall be reviewed and updated as required but not less than every 5 years; (E)by redesignating paragraphs (7) through (21) as paragraphs (8) through (22), respectively; (F)by inserting after paragraph (6) the following: (7)developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with such frameworks reviewed and updated as required, but not less than every 5 years;; and (G)in paragraph (14), as redesignated, by striking National Response Plan each place it appears and inserting National Response Framework; (4)in section 507 (6 U.S.C. 317)— (A)in subsection (c)— (i)in paragraph (2)(E), by striking National Response Plan and inserting National Response Framework; and (ii)in paragraph (3)(A), by striking National Response Plan and inserting National Response Framework; and (B)in subsection (f)(1)(G), by striking National Response Plan and inserting National Response Framework; (5)in section 508 (6 U.S.C. 318)— (A)in subsection (b)(1), by striking National Response Plan and inserting National Response Framework; and (B)in subsection (d)(2)(A), by striking The Deputy Administrator, Protection and National Preparedness and inserting A Deputy Administrator; (6)in section 509 (6 U.S.C. 319)— (A)in subsection (b)— (i)in paragraph (1)— (I)by striking National Response Plan and inserting National Response Framework, National Protection Framework, National Prevention Framework, National Mitigation Framework, National Recovery Framework; (II)by striking successor and inserting successors; and (III)by striking plan at the end of that paragraph and inserting framework; and (ii)in paragraph (2), by striking National Response Plan each place it appears and inserting National Response Framework; and (B)in subsection (c)(1)— (i)in subparagraph (A)— (I)by striking National Response Plan in the header and inserting National Response Framework; and (II)by striking National Response Plan in the text and inserting National Response Framework; and (ii)in subparagraph (B), by striking National Response Plan and inserting National Response Framework; (7)in section 510 (6 U.S.C. 320)— (A)in subsection (a), by striking enter into a memorandum of understanding and inserting partner; (B)in subsection (b)(1)(A), by striking National Response Plan and inserting National Response Framework; and (C)in subsection (c), by striking National Response Plan and inserting National Response Framework; (8)in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking and local each place it appears and inserting , local, and Tribal; (9)by striking section 524 (6 U.S.C. 321m); and (10)in section 525(a) (6 U.S.C. 321n), by striking Secretary and inserting Administrator. (b)

Post-Katrina Emergency Management Reform Act of 2006

(1)

Citation correction

Section 602(13) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is amended by striking 502(a)(6) and inserting 504(a)(6). (2)

Change of reference

Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295) is amended by striking National Response Plan each place it appears and inserting National Response Framework. (c)

Savings clause

The amendments made by subsection (a) to section 503(b)(2)(A) and paragraphs (3) and (4) of section 504(a) of the Homeland Security Act of 2002 shall not be construed as affecting the authority, existing on the day before the date of enactment of this division, of any other component of the Department of Homeland Security or any other Federal department or agency.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Department of Homeland Security Authorization Act or the DHS Authorization Act. (b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Department of Homeland Security HeadquartersSubtitle A—Headquarters OperationsSec. 1101. Functions and components of Headquarters of Department of Homeland Security.Sec. 1102. Responsibilities and functions of Chief Privacy and FOIA Officer.Sec. 1103. Responsibilities of Chief Financial Officer.Sec. 1104. Chief Information Officer.Sec. 1105. Quadrennial homeland security review.Sec. 1106. Office of Strategy, Policy, and Plans.Sec. 1107. Chief Procurement Officer.Sec. 1108. Chief Security Officer.Sec. 1109. Office of Inspector General.Sec. 1110. Office for Civil Rights and Civil Liberties.Sec. 1111. Science and technology.Sec. 1112. Department of Homeland Security Rotation Program.Sec. 1113. Future Years Homeland Security Program.Sec. 1114. Field efficiencies plan.Sec. 1115. Management.Sec. 1116. Report to Congress on cost savings and efficiency.Sec. 1117. Countering weapons of mass destruction office.Sec. 1118. Activities related to international agreements; activities related to children.Sec. 1119. Canine detection research and development.Subtitle B—Human Resources and Other MattersSec. 1131. Chief Human Capital Officer responsibilities.Sec. 1132. Employee engagement and retention action plan.Sec. 1133. Report discussing Secretary’s responsibilities, priorities, and an accounting of the Department's work regarding election infrastructure.Sec. 1134. Policy, guidance, training, and communication regarding law enforcement personnel.Sec. 1135. Hack DHS bug bounty pilot program.Sec. 1136. Cost savings enhancements.Sec. 1137. Cybersecurity research and development projects.Sec. 1138. Cybersecurity talent exchange.Subtitle C—Other mattersSec. 1141. Protection of personally identifiable information.Sec. 1142. Technical and conforming amendments.TITLE II—Department of Homeland Security Acquisition Accountability and EfficiencySec. 1201. Definitions.Subtitle A—Acquisition AuthoritiesSec. 1211. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security.Sec. 1212. Acquisition authorities for Chief Financial Officer of the Department of Homeland Security.Sec. 1213. Acquisition authorities for Chief Information Officer of the Department of Homeland Security.Sec. 1214. Acquisition authorities for Program Accountability and Risk Management.Sec. 1215. Acquisition innovation.Subtitle B—Acquisition Program Management DisciplineSec. 1221. Acquisition Review Board.Sec. 1222. Department leadership councils.Sec. 1223. Excluded party list system waivers.Sec. 1224. Inspector General oversight of suspension and debarment.Sec. 1225. Suspension and debarment program and past performance.Subtitle C—Acquisition Program Management Accountability and TransparencySec. 1231. Congressional notification for major acquisition programs.Sec. 1232. Multiyear acquisition strategy.Sec. 1233. Report on bid protests.Sec. 1234. Prohibition and limitations on use of cost-plus contracts.Sec. 1235. Bridge contracts.Sec. 1236. Acquisition reports.TITLE III—Intelligence and Information SharingSubtitle A—Department of Homeland Security Intelligence EnterpriseSec. 1301. Homeland intelligence doctrine.Sec. 1302. Personnel for the Chief Intelligence Officer.Sec. 1303. Annual homeland terrorist threat assessments.Sec. 1304. Department of Homeland Security data framework.Sec. 1305. Establishment of Insider Threat Program.Sec. 1306. Report on applications and threats of blockchain technology.Sec. 1307. Transnational criminal organizations threat assessment.Sec. 1308. Department of Homeland Security Counter Threats Advisory Board.Sec. 1309. Briefing on pharmaceutical-based agent threats.Subtitle B—Stakeholder Information SharingSec. 1311. Department of Homeland Security Fusion Center Partnership Initiative.Sec. 1312. Fusion center personnel needs assessment.Sec. 1313. Strategy for fusion centers supporting counternarcotics initiatives through intelligence information sharing and analysis.Sec. 1314. Program for State and local analyst clearances.Sec. 1315. Information technology assessment.Sec. 1316. Department of Homeland Security classified facility inventory.Sec. 1317. Terror inmate information sharing.Sec. 1318. Annual report on Office for State and Local Law Enforcement.Sec. 1319. Annual catalog on Department of Homeland Security training, publications, programs, and services for State, local, tribal, and territorial law enforcement agencies.Sec. 1320. Chemical, biological, radiological, and nuclear intelligence and information sharing.Sec. 1321. Duty to report.Sec. 1322. Strategy for information sharing regarding narcotics trafficking in international mail.Sec. 1323. Constitutional limitations.TITLE IV—Emergency Preparedness, Response, and CommunicationsSubtitle A—Grants, Training, Exercises, and CoordinationSec. 1401. Urban Area Security Initiative.Sec. 1402. State Homeland Security Grant Program.Sec. 1403. Grants to directly eligible tribes.Sec. 1404. Law enforcement terrorism prevention.Sec. 1405. Prioritization.Sec. 1406. Allowable uses.Sec. 1407. Approval of certain equipment.Sec. 1408. Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities.Sec. 1409. Memoranda of understanding.Sec. 1410. Grants metrics.Sec. 1411. Grant management best practices.Sec. 1412. Prohibition on consolidation.Sec. 1413. Maintenance of grant investments.Sec. 1414. Transit security grant program.Sec. 1415. Port security grant program.Sec. 1416. Cyber preparedness.Sec. 1417. Operation Stonegarden.Sec. 1418. Non-Profit Security Grant Program.Sec. 1419. Study of the use of grant funds for cybersecurity.Sec. 1420. Joint counterterrorism awareness workshop series.Sec. 1421. Exercise on terrorist and foreign fighter travel; national exercise program.Sec. 1422. Grants accountability.Subtitle B—CommunicationsSec. 1431. Responsibilities of Assistant Director for Emergency Communications.Sec. 1432. Annual reporting on activities of the Emergency Communications Division.Sec. 1433. National Emergency Communications Plan.Sec. 1434. Technical edit.Sec. 1435. Communications training.Subtitle C—Other mattersSec. 1451. Technical and conforming amendments.TITLE V—Federal Emergency Management AgencySec. 1501. Short title.Sec. 1502. Reauthorization of Federal Emergency Management Agency.Sec. 1503. National Domestic Preparedness Consortium.Sec. 1504. Rural Domestic Preparedness Consortium.Sec. 1505. Center for Faith-Based and Neighborhood Partnerships.Sec. 1506. Emergency support functions.Sec. 1507. Review of National Incident Management System.Sec. 1508. Remedial action management program.Sec. 1509. Center for Domestic Preparedness.Sec. 1510. FEMA Senior Law Enforcement Advisor.Sec. 1511. Technical expert authorized.Sec. 1512. Mission support.Sec. 1513. Strategic human capital plan.Sec. 1514. Office of Disability Integration and Coordination of Department of Homeland Security.Sec. 1515. Management costs.Sec. 1516. Performance of services.Sec. 1517. Study to streamline and consolidate information collection.Sec. 1518. Agency accountability.Sec. 1519. National public infrastructure predisaster hazard mitigation.Sec. 1520. Technical amendments to national emergency management.Sec. 1521. Integrated public alert and warning system subcommittee.TITLE VI—Cybersecurity and Infrastructure Security AgencySec. 1601. Cybersecurity and Infrastructure Security Agency.Sec. 1602. Transfer of other entities.Sec. 1603. DHS report on cloud-based cybersecurity.Sec. 1604. Rule of construction.Sec. 1605. Prohibition on additional funding.TITLE VII—Other MattersSubtitle A—MiscellaneousSec. 1701. Authorization of appropriations for Office of Inspector General.Sec. 1702. Canine teams.Sec. 1703. Report on resource requirements to respond to congressional requests.Sec. 1704. Report on cooperation with the People’s Republic of China to combat illicit opioid shipments.Subtitle B—Commission to Review the Congressional Oversight of the Department of Homeland SecuritySec. 1711. Short title.Sec. 1712. Establishment.Sec. 1713. Members of the Commission.Sec. 1714. Duties of the Commission.Sec. 1715. Operation and powers of the Commission.Sec. 1716. Funding.Sec. 1717. Personnel.Sec. 1718. Termination.Subtitle C—Technical and conforming amendmentsSec. 1731. Technical amendments to the Homeland Security Act of 2002.

. (b)

Treatment of certain positions

(1)

Under Secretary

The individual serving as the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) of the Department of Homeland Security on the day before the date of enactment of this Act may continue to serve as the Director of Cybersecurity and Infrastructure Security of the Department on and after such date. (2)

Director for Emergency Communications

The individual serving as the Director for Emergency Communications of the Department of Homeland Security on the day before the date of enactment of this Act may continue to serve as the Assistant Director for Emergency Communications of the Department on and after such date. (3)

Assistant Secretary for Cybersecurity and Communications

The individual serving as the Assistant Secretary for Cybersecurity and Communications on the day before the date of enactment of this Act may continue to serve as the Assistant Director for Cybersecurity on and after such date. (4)

Assistant Secretary for Infrastructure Protection

The individual serving as the Assistant Secretary for Infrastructure Protection on the day before the date of enactment of this Act may continue to serve as the Assistant Director for Infrastructure Security on and after such date. (c)

Reference

Any reference to— (1)the Office of Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Emergency Communications Division; and (2)the Director for Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Director for Emergency Communications. (d)

Oversight

The Director of Cybersecurity and Infrastructure Security of the Department of Homeland Security shall provide to Congress, in accordance with the deadlines specified in paragraphs (1) through (6), information on the following: (1)Not later than 60 days after the date of enactment of this Act, a briefing on the activities of the Agency relating to the development and use of the mechanisms required pursuant to section 2202(c)(7) of the Homeland Security Act of 2002 (as added by subsection (a)). (2)Not later than 1 year after the date of the enactment of this Act, a briefing on the activities of the Agency relating to the use and improvement by the Agency of the mechanisms required pursuant to section 2202(c)(7) of the Homeland Security Act of 2002 and how such activities have impacted coordination, situational awareness, and communications with Sector-Specific Agencies. (3)Not later than 90 days after the date of the enactment of this Act, information on the mechanisms of the Agency for regular and ongoing consultation and collaboration, as required pursuant to section 2202(c)(8) of the Homeland Security Act of 2002 (as added by subsection (a)). (4)Not later than 1 year after the date of the enactment of this Act, information on the activities of the consultation and collaboration mechanisms of the Agency as required pursuant to section 2202(c)(8) of the Homeland Security Act of 2002, and how such mechanisms have impacted operational coordination, situational awareness, and integration across the Agency. (5)Not later than 180 days after the date of enactment of this Act, information, which shall be made publicly available and updated as appropriate, on the mechanisms and structures of the Agency responsible for stakeholder outreach and engagement, as required under section 2202(c)(11) of the Homeland Security Act of 2002 (as added by subsection (a)). (6)Not later than 1 year after the date of enactment of this Act, and annually thereafter, information on EMP and GMD (as defined in section 2 of the Homeland Security Act (6 U.S.C. 101)), which shall include— (A)a summary of the threats and consequences, as of the date of the information, of electromagnetic events to the critical infrastructure of the United States; (B)Department of Homeland Security efforts as of the date of the information, including with respect to— (i)risk assessments; (ii)mitigation actions; (iii)coordinating with the Department of Energy to identify critical electric infrastructure assets subject to EMP or GMD risk; and (iv)current and future plans for engagement with the Department of Energy, the Department of Defense, the National Oceanic and Atmospheric Administration, and other relevant Federal departments and agencies; (C)as of the date of the information, current collaboration, and plans for future engagement, with critical infrastructure owners and operators; (D)an identification of internal roles to address electromagnetic risks to critical infrastructure; and (E)plans for implementation and protecting and preparing United States critical infrastructure against electromagnetic threats. (e)

Cyber workforce

Not later than 90 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in coordination with the Director of the Office of Personnel Management, shall submit to Congress a report detailing how the Agency is meeting legislative requirements under the Cybersecurity Workforce Assessment Act (Public Law 113–246; 128 Stat. 2880) and the Homeland Security Cybersecurity Workforce Assessment Act (6 U.S.C. 146 note; Public Law 113–277) to address cyber workforce needs. (f)

Facility

Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall report to Congress on the most efficient and effective methods of consolidating Agency facilities, personnel, and programs to most effectively carry out the mission of the Agency. (g)

Technical and conforming amendments to the Homeland Security Act of 2002

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended— (1)by amending section 103(a)(1)(H) (6 U.S.C. 113(a)(1)(H)) to read as follows: (H)A Director of the Cybersecurity and Infrastructure Security Agency.; (2)in title II (6 U.S.C. 121 et seq.)— (A)in the title heading, by striking and infrastructure protection; (B)in the subtitle A heading, by striking and infrastructure protection; (C)in section 201 (6 U.S.C. 121)— (i)in the section heading, by striking and infrastructure protection; (ii)in subsection (a)— (I)in the subsection heading, by striking and infrastructure protection; and (II)by striking and an Office of Infrastructure Protection; (iii)in subsection (b)— (I)in the subsection heading, by striking and Assistant Secretary for Infrastructure Protection; and (II)by striking paragraph (3); (iv)in subsection (c)— (I)by striking and infrastructure protection; and (II)by striking or the Assistant Secretary for Infrastructure Protection, as appropriate; (v)in subsection (d)— (I)in the subsection heading, by striking and infrastructure protection; (II)in the matter preceding paragraph (1), by striking and infrastructure protection; (III)by striking paragraphs (5), (6), and (25); (IV)by redesignating paragraphs (7) through (24) as paragraphs (5) through (22), respectively; (V)by redesignating paragraph (26) as paragraph (23); and (VI)in paragraph (23)(B)(i), as so redesignated, by striking section 319 and inserting section 320; (vi)in subsection (e)(1), by striking and the Office of Infrastructure Protection; and (vii)in subsection (f)(1), by striking and the Office of Infrastructure Protection; (D)in section 202 (6 U.S.C. 122)— (i)in subsection (c), in the matter preceding paragraph (1), by striking Director of Central Intelligence and inserting Director of National Intelligence; and (ii)in subsection (d)(2), by striking Director of Central Intelligence and inserting Director of National Intelligence; (E)in section 204 (6 U.S.C. 124a)— (i)in subsection (c)(1), in the matter preceding subparagraph (A), by striking Assistant Secretary for Infrastructure Protection and inserting Director of the Cybersecurity and Infrastructure Security Agency; and (ii)in subsection (d)(1), in the matter preceding subparagraph (A), by striking Assistant Secretary for Infrastructure Protection and inserting Director of the Cybersecurity and Infrastructure Security Agency; (F)in section 210A(c)(2)(B) (6 U.S.C. 124h(c)(2)(B)), by striking Office of Infrastructure Protection and inserting Cybersecurity and Infrastructure Security Agency; (G)by redesignating section 210E (6 U.S.C. 124l) as section 2214 and transferring such section to appear after section 2213 (as redesignated by subparagraph (I)); (H)in subtitle B, by redesignating sections 211 through 215 (6 U.S.C. 101 note, and 131 through 134) as sections 2221 through 2225, respectively, and transferring such subtitle, including the enumerator and heading of subtitle B and such sections, to appear after section 2214 (as redesignated by subparagraph (G)); (I)by redesignating sections 223 through 230 (6 U.S.C. 143 through 151) as sections 2205 through 2213, respectively, and transferring such sections to appear after section 2204, as added by this Act; (J)by redesignating section 210F as section 210E; and (K)by redesignating subtitles C and D as subtitles B and C, respectively; (3)in title III (6 U.S.C. 181 et seq.)— (A)in section 302 (6 U.S.C. 182)— (i)by striking biological,, each place that term appears and inserting biological,; and (ii)in paragraph (3), by striking Assistant Secretary for Infrastructure Protection and inserting Director of the Cybersecurity and Infrastructure Security Agency; (B)by redesignating the second section 319 (6 U.S.C. 195f) (relating to EMP and GMD mitigation research and development) as section 320; and (C)in section 320(c)(1), as so redesignated, by striking Section 214 and inserting Section 2224; (4)in title V (6 U.S.C. 311 et seq.)— (A)in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by striking The Director of the Office of Emergency Communications of the Department of Homeland Security and inserting The Assistant Director for Emergency Communications; (B)in section 514 (6 U.S.C. 321c)— (i)by striking subsection (b); and (ii)by redesignating subsection (c) as subsection (b); and (C)in section 523 (6 U.S.C. 321l)— (i)in subsection (a), in the matter preceding paragraph (1), by striking Assistant Secretary for Infrastructure Protection and inserting Director of Cybersecurity and Infrastructure Security; and (ii)in subsection (c), by striking Assistant Secretary for Infrastructure Protection and inserting Director of Cybersecurity and Infrastructure Security; (5)in title VIII (6 U.S.C. 361 et seq.)— (A)in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)), by striking Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department and inserting Director of Cybersecurity and Infrastructure Security; and (B)in section 899B(a) (6 U.S.C. 488a(a)), by adding at the end the following: Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.; (6)in title XVIII (6 U.S.C. 571 et seq.)— (A)in section 1801 (6 U.S.C. 571)— (i)in the section heading, by striking Office of Emergency Communications and inserting Emergency Communications Division; (ii)in subsection (a)— (I)by striking Office of Emergency Communications and inserting Emergency Communications Division; and (II)by adding at the end the following: The Division shall be located in the Cybersecurity and Infrastructure Security Agency.; (iii)by amending subsection (b) to read as follows: (b)

Assistant Director

The head of the Division shall be the Assistant Director for Emergency Communications. The Assistant Director shall report to the Director of Cybersecurity and Infrastructure Security. All decisions of the Assistant Director that entail the exercise of significant authority shall be subject to the approval of the Director of Cybersecurity and Infrastructure Security.; (iv)in subsection (c)— (I)in the matter preceding paragraph (1), by inserting Assistant before Director; (II)in paragraph (15), as added by section 1431(a)(7), by striking and at the end; (III)by redesignating paragraph (16), as so redesignated by section 1431(a)(3), as paragraph (17); and (IV)by inserting after paragraph (15) the following: (16)fully participate in the mechanisms required under section 2202(c)(8); and; (v)in subsection (d), in the matter preceding paragraph (1), by inserting Assistant before Director; and (vi)in subsection (e), in the matter preceding paragraph (1), by inserting Assistant before Director; (B)in sections 1802 through 1805 (6 U.S.C. 572 through 575), by striking Director for Emergency Communications each place that term appears and inserting Assistant Director for Emergency Communications; (C)in section 1809 (6 U.S.C. 579)— (i)by striking Director of Emergency Communications each place that term appears and inserting Assistant Director for Emergency Communications; (ii)in subsection (b)— (I)by striking Director for Emergency Communications and inserting Assistant Director for Emergency Communications; and (II)by striking Office of Emergency Communications and inserting Emergency Communications Division; (iii)in subsection (e)(3), by striking the Director and inserting the Assistant Director; and (iv)in subsection (m)(1)— (I)by striking The Director and inserting The Assistant Director; (II)by striking the Director determines and inserting the Assistant Director determines; and (III)by striking Office of Emergency Communications and inserting Cybersecurity and Infrastructure Security Agency; (D)in section 1810 (6 U.S.C. 580)— (i)in subsection (a)(1), by striking Director of the Office of Emergency Communications (referred to in this section as the Director) and inserting Assistant Director for Emergency Communications (referred to in this section as the Assistant Director); (ii)in subsection (c), by striking Office of Emergency Communications and inserting Emergency Communications Division; and (iii)by striking Director each place that term appears and inserting Assistant Director; (7)in title XX (6 U.S.C. 601 et seq.)— (A)in paragraph (5)(A)(iii)(II) of section 2001 (6 U.S.C. 601), as so redesignated by section 1451(b), by striking section 210E(a)(2) and inserting section 2214(a)(2); (B)in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking section 210E(a)(2) and inserting section 2214(a)(2); and (C)in section 2021 (6 U.S.C. 611)— (i)by striking subsection (c); and (ii)by redesignating subsection (d) as subsection (c); (8)in title XXI (6 U.S.C. 621 et seq.)— (A)in section 2102(a)(1) (6 U.S.C. 622(a)(1)), by inserting , which shall be located in the Cybersecurity and Infrastructure Security Agency before the period at the end; and (B)in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department appointed under section 103(a)(1)(H) and inserting Director of Cybersecurity and Infrastructure Security; and (9)in title XXII, as added by this Act— (A)in subtitle A— (i)in section 2205, as so redesignated— (I)in the matter preceding paragraph (1)— (aa)by striking section 201 and inserting section 2202; and (bb)by striking Under Secretary appointed under section 103(a)(1)(H) and inserting Director of Cybersecurity and Infrastructure Security; and (II)in paragraph (1)(B), by striking and at the end; (ii)in section 2206, as so redesignated, by striking Assistant Secretary for Infrastructure Protection and inserting Director of Cybersecurity and Infrastructure Security; (iii)in section 2209, as so redesignated— (I)by striking Under Secretary appointed under section 103(a)(1)(H) each place that term appears and inserting Director; (II)in subsection (a)(4), by striking section 212(5) and inserting section 2222(5); (III)in subsection (b), by adding at the end the following: The Center shall be located in the Cybersecurity and Infrastructure Security Agency. The head of the Center shall report to the Assistant Director for Cybersecurity.; and (IV)in subsection (c)(11), by striking Office of Emergency Communications and inserting Emergency Communications Division; (iv)in section 2210, as so redesignated— (I)by striking section 227 each place that term appears and inserting section 2209; and (II)in subsection (c)— (aa)by striking Under Secretary appointed under section 103(a)(1)(H) and inserting Director of Cybersecurity and Infrastructure Security; and (bb)by striking section 212(5) and inserting section 2222(5); (v)in section 2211, as so redesignated— (I)in subsection (b)(2)(A), by striking the section 227 and inserting section 2209; and (II)in subsection (c)(1)(C), by striking section 707 and inserting section 706; (vi)in section 2212, as so redesignated, by striking section 212(5) and inserting section 2222(5); (vii)in section 2213(a), as so redesignated— (I)in paragraph (3), by striking section 228 and inserting section 2210; and (II)in paragraph (4), by striking section 227 and inserting section 2209; and (viii)in section 2214, as so redesignated— (I)by striking subsection (e); and (II)by redesignating subsection (f) as subsection (e); and (B)in subtitle B— (i)in section 2222(8), as so redesignated, by striking section 227 and inserting section 2209; and (ii)in section 2224(h), as so redesignated, by striking section 213 and inserting section 2223; (h)

Technical and conforming amendments to other laws

(1)

Cybersecurity Act of 2015

The Cybersecurity Act of 2015 (6 U.S.C. 1501 et seq.) is amended— (A)in section 202(2) (6 U.S.C. 131 note)— (i)by striking section 227 and inserting section 2209; and (ii)by striking , as so redesignated by section 223(a)(3) of this division; (B)in section 207(2) (Public Law 114–113; 129 Stat. 2962)— (i)by striking section 227 and inserting section 2209; and (ii)by striking , as redesignated by section 223(a) of this division,; (C)in section 208 (Public Law 114–113; 129 Stat. 2962), by striking Under Secretary appointed under section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) and inserting Director of Cybersecurity and Infrastructure Security of the Department; (D)in section 222 (6 U.S.C. 1521)— (i)in paragraph (2)— (I)by striking section 228 and inserting section 2210; and (II)by striking , as added by section 223(a)(4) of this division; and (ii)in paragraph (4)— (I)by striking section 227 and inserting section 2209; and (II)by striking , as so redesignated by section 223(a)(3) of this division; (E)in section 223(b) (6 U.S.C. 151 note)— (i)by striking section 230(b)(1) of the Homeland Security Act of 2002, as added by subsection (a) each place that term appears and inserting section 2213(b)(1) of the Homeland Security Act of 2002; and (ii)in paragraph (1)(B), by striking section 230(b)(2) of the Homeland Security Act of 2002, as added by subsection (a) and inserting section 2213(b)(2) of the Homeland Security Act of 2002; (F)in section 226 (6 U.S.C. 1524)— (i)in subsection (a)— (I)in paragraph (1)— (aa)by striking section 230 and inserting section 2213; and (bb)by striking , as added by section 223(a)(6) of this division; (II)in paragraph (4)— (aa)by striking section 228(b)(1) and inserting section 2210(b)(1); and (bb)by striking , as added by section 223(a)(4) of this division; and (III)in paragraph (5)— (aa)by striking section 230(b) and inserting section 2213(b); and (bb)by striking , as added by section 223(a)(6) of this division; and (ii)in subsection (c)(1)(A)(vi)— (I)by striking section 230(c)(5) and inserting section 2213(c)(5); and (II)by striking , as added by section 223(a)(6) of this division; (G)in section 227 (6 U.S.C. 1525)— (i)in subsection (a)— (I)by striking section 230 and inserting section 2213; and (II)by striking , as added by section 223(a)(6) of this division,; and (ii)in subsection (b)— (I)by striking section 230(d)(2) and inserting section 2213(d)(2); and (II)by striking , as added by section 223(a)(6) of this division,; and (H)in section 404 (6 U.S.C. 1532)— (i)by striking Director for Emergency Communications each place that term appears and inserting Assistant Director for Emergency Communications; and (ii)in subsection (a)— (I)by striking section 227 and inserting section 2209; and (II)by striking , as redesignated by section 223(a)(3) of this division,. (2)

Small Business Act

Section 21(a)(8)(B) of the Small Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking section 227(a) of the Homeland Security Act of 2002 (6 U.S.C. 148(a)) and inserting section 2209(a) of the Homeland Security Act of 2002. (3)

Title 5

Subchapter II of chapter 53 of title 5, United States Code, is amended— (A)in section 5314, by inserting after Under Secretaries, Department of Homeland Security. the following: Director, Cybersecurity and Infrastructure Security Agency.; and (B)in section 5315, by inserting after Assistant Secretaries, Department of Homeland Security. the following: Assistant Director for Cybersecurity, Cybersecurity and Infrastructure Security Agency. Assistant Director for Infrastructure Security, Cybersecurity and Infrastructure Security Agency.. (i)

Table of contents amendments

The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended— (1)by striking the item relating to title II and inserting the following: TITLE II—INFORMATION ANALYSIS; (2)by striking the item relating to subtitle A of title II and inserting the following: Subtitle A—Information and analysis; Access to Information; (3)by striking the item relating to section 201 and inserting the following: Sec. 201. Information and analysis.; (4)by striking the items relating to sections 210E and 210F and inserting the following: Sec. 210E. Classified Information Advisory Officer.; (5)by striking the items relating to subtitle B of title II and sections 211 through 215; (6)by striking the items relating to section 223 through section 230; (7)by striking the item relating to subtitle C and inserting the following: Subtitle B—Information Security; (8)by striking the item relating to subtitle D and inserting the following: Subtitle C—Office of Science and Technology; (9)by striking the items relating to sections 317, 319, 318, and 319 and inserting the following: Sec. 317. Promoting antiterrorism through international cooperation program.Sec. 318. Social media working group.Sec. 319. Transparency in research and development.Sec. 320. EMP and GMD mitigation research and development.; (10)by striking the item relating to section 1801 and inserting the following: Sec. 1801. Emergency Communications Division.; and (11)by adding at the end the following: TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCYSubtitle A—Cybersecurity and Infrastructure SecuritySec. 2201. Definitions.Sec. 2202. Cybersecurity and Infrastructure Security Agency.Sec. 2203. Cybersecurity Division.Sec. 2204. Infrastructure Security Division.Sec. 2205. Enhancement of Federal and non-Federal cybersecurity.Sec. 2206. Net guard.Sec. 2207. Cyber Security Enhancement Act of 2002.Sec. 2208. Cybersecurity recruitment and retention.Sec. 2209. National cybersecurity and communications integration center.Sec. 2210. Cybersecurity plans.Sec. 2211. Cybersecurity strategy.Sec. 2212. Clearances.Sec. 2213. Federal intrusion detection and prevention system.Sec. 2214. National Asset Database.Subtitle B—Critical Infrastructure InformationSec. 2221. Short title.Sec. 2222. Definitions.Sec. 2223. Designation of critical infrastructure protection program.Sec. 2224. Protection of voluntarily shared critical infrastructure information.Sec. 2225. No private right of action..

1602.

Transfer of other entities

(a)

Office of Biometric Identity Management

The Office of Biometric Identity Management of the Department of Homeland Security located in the National Protection and Programs Directorate of the Department of Homeland Security on the day before the date of enactment of this Act is hereby transferred to the Management Directorate of the Department. (b)

Federal Protective Service

(1)

In general

Not later than 90 days following the completion of the Government Accountability Office review of the organizational placement of the Federal Protective Service, as requested by Congress, the Secretary of Homeland Security shall submit to the Director of the Office of Management and Budget and the appropriate committees of Congress a recommendation regarding the appropriate placement of the Federal Protective Service within the executive branch of the Federal Government. (2)

Consultation and assessment

The recommendation described in paragraph (1) shall— (A)be developed after consultation with the head of any executive branch entity that the Secretary intends to recommend for the placement of the Federal Protective Service; and (B)include— (i)an assessment of the how the Department of Homeland Security considered the Government Accountability Office review described in paragraph (1) and any other relevant analysis; and (ii)an explanation of any statutory changes that may be necessary to effectuate the recommendation.

1603.

DHS report on cloud-based cybersecurity

(a)

Definition

In this section, the term Department means the Department of Homeland Security. (b)

Report

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

1604.

Rule of construction

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

1605.

Prohibition on additional funding

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

April 16, 2018Reported with an amendment