June 12, 2018 - Issue: Vol. 164, No. 97 — Daily Edition115th Congress (2017 - 2018) - 2nd Session
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TEXT OF AMENDMENTS; Congressional Record Vol. 164, No. 97
(Senate - June 12, 2018)
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[Pages S3767-S3860] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 2784. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle F of title X, add the following: SEC. 1066. PROGRAM TO COMMEMORATE THE HOLOCAUST. (a) Program Required.--The Secretary of Defense shall carry out a program to commemorate the Holocaust. (b) Elements.--The commemorative program shall be designed-- (1) to remember-- (A) the Holocaust; (B) the annihilation of 6,000,000 Jews by the Nazi regime; and (C) the mass murder of Roma, Slavs, and others; and (2) to pay tribute to the Allied troops who liberated Nazi concentration camps during World War II. (c) Consultation in Design.--In designing the commemorative program, the Secretary shall consult with the Director of the United States Holocaust Memorial Museum. ______ SA 2785. Ms. HARRIS (for herself and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle E of title V, add the following: SEC. 558. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE RESERVE COMPONENTS AND VETERANS. (a) Authority.--The Secretary of Defense may enter into agreements with the chief executives of the States to carry out pilot programs to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to unemployed or underemployed members of the reserve components of the Armed Forces and veterans. (b) Administration.--The pilot program in a State shall be administered by the adjutant general in that State appointed under section 314 of title 32, United States Code. If the adjutant general is unavailable or unable to administer a pilot program, the Secretary, after consulting with the chief executive of the State, shall designate an official of that State to administer that pilot program. (c) Program Model.--A pilot program under this section-- (1) shall use a job placement program model that focuses on working one-on-one with individuals described in subsection (a) to provide cost-effective job placement services, including-- (A) job matching services; (B) resume editing; (C) interview preparation; and (D) post-employment follow up; and (2) shall incorporate best practices of State-operated direct employment programs for members of the reserve components of the Armed Forces and veterans, such as the programs conducted in California and South Carolina. (d) SkillBridge Training Opportunities.--A pilot program under this section shall utilize civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense. (e) State Costs.--Any costs of a State in carrying out a pilot program under this section shall be borne by the State. (f) Evaluation.--The Secretary shall develop outcome measurements to evaluate the success of any pilot program established under this section. (g) Reporting.-- (1) Report required.--Not later than March 1, 2021, the Secretary, in coordination with the Secretary of Veterans Affairs and Chief of the National Guard Bureau, shall submit to the congressional defense committees a report describing the results of any pilot program established under this section. (2) Elements.--A report under paragraph (1) shall include the following elements: (A) A description and assessment of the effectiveness and achievements of the pilot program, including-- (i) the number of members of the reserve components of the Armed Forces and veterans hired; and (ii) the cost-per-placement of participating members and veterans. (B) An assessment of the impact of the pilot program and increased reserve component employment levels on-- (i) the readiness of members of the reserve components of the Armed Forces; and (ii) retention of service members. (C) A comparison of the pilot program to other programs conducted by the Department of Defense or Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components of the Armed Forces or veterans, including best practices the improved the effectiveness of such programs. (D) Any other matter the Secretary determines to be appropriate. (h) Duration of Authority.-- (1) In general.--Subject to paragraph (2), the authority to carry out a pilot program under this section expires on September 30, 2023. (2) Extension.--The Secretary may extend a pilot program under this section beyond the date in paragraph (1) by not more than two years. [[Page S3768]] ______ SA 2786. Mr. MENENDEZ (for himself, Mr. Cruz, Mr. Nelson, Mr. Rubio, and Mr. Durbin) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title XII, add the following: SEC. 1271. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR VIOLENCE AND HUMAN RIGHTS ABUSES IN NICARAGUA. (a) Findings.--Congress makes the following findings: (1) Beginning on April 18, 2018, the Government of Nicaragua responded to antigovernment protests with excessive force and killings perpetrated by its public security forces and, as of June 11, 2018, more than 130 people have been killed in the context of those protests. (2) The Country Reports on Human Rights Practices for 2017 of the Department of State notes, with respect to Nicaragua, that actions by the ruling Sandinista National Liberation Front party have resulted in the de facto concentration of power in a single party, with an authoritarian executive branch exercising significant control over the legislative, judicial, and electoral functions of the Government of Nicaragua. (3) That report also stated with respect to Nicaragua that ``the most significant human rights abuses included reports of arbitrary or unlawful killings; almost complete lack of judicial independence; unlawful interference with privacy; multiple obstacles to freedom of speech and the press, including government intimidation, and harassment of and threats against journalists and independent media; and partisan restrictions on freedom of peaceful assembly''. (b) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines-- (1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Nicaragua against persons associated with the antigovernment protests in Nicaragua that began on April 18, 2018; (2) is responsible for or complicit in ordering, controlling, or otherwise directing significant actions or policies that undermine democratic processes or institutions in Nicaragua; or (3) is an official of the Government of Nicaragua, or a senior associate of such an official, that is responsible for or complicit in ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions. (c) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the united states and revocation of visa or other documentation.--In the case of an alien determined by the President to be subject to subsection (b), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception relating to importation of goods.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods (as that term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))). (4) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (d) Certification.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps-- (1) to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council; (2) to combat corruption, including by investigating and prosecuting officials of that Government who are credibly alleged to be corrupt; and (3) to protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference. (e) Waiver.-- (1) Temporary general waiver.--If the Secretary of State certifies to the appropriate congressional committees under subsection (d) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the imposition of additional sanctions under subsection (b) for a period of not more than one year beginning on the date of the certification. (2) Case-by-case waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver. (f) Reporting Requirement.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in acts of public corruption or human rights violations in Nicaragua. (2) Form.-- (A) In general.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (B) Public availability.--The unclassified portion of the report required by paragraph (1) shall be made available to the public. (g) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (h) Termination.--This section shall terminate on December 31, 2023. (i) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. ______ SA 2787. Mr. MENENDEZ (for himself, Mr. Rubio, and Mr. Nelson) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title XII, add the following: SEC. 1271. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR VIOLENCE AND HUMAN RIGHTS ABUSES IN CUBA. (a) Findings.--Congress makes the following findings: (1) The Government of Cuba continues to carry out arbitrary detentions of peaceful dissidents, most of whom are kept under degrading and inhumane conditions, and according to the Cuban Commission on Human Rights and National Reconciliation, as of May 2018, there have been more than 1,400 of those detentions. (2) The Country Reports on Human Rights Practices for 2017 in Cuba set forth by the Department of State notes that the principal human rights abuses in Cuba included-- [[Page S3769]] (A) the abridgement of the ability of citizens to choose their government; (B) the use of government threats, physical assault, intimidation, and violent government-organized counter protests against peaceful dissent; and (C) harassment and detentions to prevent free expression an peaceful assembly. (3) That report stated that additional human rights abuses included-- (A) harsh prison conditions; (B) arbitrary short-term, politically motivated detentions and arrests; (C) selective prosecution; (D) denial of fair trial; and (E) travel restrictions. (4) Significant support by the Government of Cuba for the authoritarian regime of Nicolas Maduro in Venezuela that includes sending tens of thousands of Cuban trainers, advisers, security personnel, militias, paramilitary groups, and intelligence officers, and was described by the Secretary General of the Organization of American States as an ``occupation army'' during a hearing before the Committee on Foreign Relations of the Senate on July 19, 2017, has directly contributed to worsening conditions in Venezuela and the destabilization of the region. (b) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Cuba or any person acting on behalf of that Government, that the President determines-- (1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Cuba; (2) has been responsible for or is responsible for or complicit in ordering, controlling, or otherwise directing significant actions or policies that undermine democratic processes or institutions in Cuba; (3) is an official of the Government of Cuba, or a senior associate of such an official, that is responsible for or complicit in ordering, controlling, or otherwise directing acts of significant corruption, including-- (A) the expropriation of private or public assets for personal gain; (B) corruption related to government contracts; (C) bribery; or (D) the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or (4) is an official of the Government of Cuba, or a senior associate of such an official, that has been responsible for or is responsible for or complicit in ordering, controlling, or otherwise directing significant actions or policies that undermine democratic processes or institutions in Venezuela. (c) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Asset blocking.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the united states and revocation of visa or other documentation.--In the case of an alien determined by the President to be subject to subsection (b), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) of any visa or other documentation of the alien. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception relating to importation of goods.--The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods (as that term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))). (4) Exception to comply with united nations headquarters agreement or other international obligations.--Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (d) Certification.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Cuba is taking effective steps to-- (1) strengthen the rule of law and democratic governance in Cuba, including by strengthening the independence of the judicial system and electoral council; (2) combat corruption in Cuba, including by investigating and prosecuting officials of that Government that are credibly alleged to be corrupt; (3) protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference in Cuba; and (4) end destabilizing activities that undermine democratic governance and constitutional order in Venezuela. (e) Waiver.-- (1) Temporary general waiver.--If the Secretary of State certifies under subsection (d) that the Government of Cuba is taking effective steps as described in that subsection, the President may waive the imposition of sanctions under subsection (b) for a period of not more than one year beginning on the date of the certification. (2) Case by case waiver.--The President may waive the application of sanctions under subsection (b) with respect to a person if the President-- (A) determines that such a waiver is in the national interest of the United States; and (B) not later than the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver. (f) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (g) Termination.--This section shall terminate on December 31, 2023. (h) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. ______ SA 2788. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title XXVIII, add the following: SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT MEADE, MARYLAND. (a) Movement or Consolidation of Joint Spectrum Center to Fort Meade, Maryland.--Except as provided under subsection (b), not later than September 30, 2020, the Secretary of Defense shall take appropriate actions to move, consolidate, or both, the offices of the Joint Spectrum Center to the Defense Information Systems Agency headquarters building at Fort Meade, Maryland, for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense. (b) National Security Waiver.--The Secretary of Defense may waive the requirement under subsection (a) upon certifying to the congressional defense committees in writing that such waiver is necessary for national security reasons and that all force protection and cyber protection needs are being met without carrying out the actions otherwise required under such subsection. (c) Authorization.--Any facility, road, or infrastructure constructed or altered on a military installation as a result of this section is deemed to be authorized in accordance with section 2802 of title 10, United States Code. (d) Termination of Existing Lease.--Upon completion of the relocation of the Joint Spectrum Center, all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center shall be terminated. (e) Repeal of Obsolete Authority.--Section 2887 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 569) is hereby repealed. ______ SA 2789. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and [[Page S3770]] for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title XXVIII, add the following: SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT MEADE, MARYLAND. (a) Movement or Consolidation of Joint Spectrum Center to Fort Meade, Maryland.--Not later than September 30, 2020, the Secretary of Defense shall take appropriate actions to move, consolidate, or both, the offices of the Joint Spectrum Center to the Defense Information Systems Agency headquarters building at Fort Meade, Maryland, for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense. (b) Authorization.--Any facility, road, or infrastructure constructed or altered on a military installation as a result of this section is deemed to be authorized in accordance with section 2802 of title 10, United States Code. (c) Termination of Existing Lease.--Upon completion of the relocation of the Joint Spectrum Center, all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center shall be terminated. (d) Repeal of Obsolete Authority.--Section 2887 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110-181; 122 Stat. 569) is hereby repealed. ______ SA 2790. Mr. CARDIN (for himself, Mr. Hatch, and Mr. Van Hollen) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title IX, add the following: SEC. 943. REPORT ON TERMINATION AND TRANSITION OF FUNCTIONS AND SERVICES OF THE DEFENSE INFORMATION SYSTEMS AGENCY AND WASHINGTON HEADQUARTERS SERVICES. (a) Report Required Before Termination or Transition.--The Secretary of Defense may not terminate or transfer any functions or services of the Defense Information Systems Agency or Washington Headquarters Services to another element of the Department of Defense until the Secretary submits to the congressional defense committees a report on the termination or transfer. (b) Elements.--The report on the termination or transfer of functions or services of the Defense Information Systems Agency or Washington Headquarters Services under subsection (a) shall include the following: (1) A description of the functions, services, or both of such Agency or Field Activity to be terminated or transferred. (2) If functions, services, or both are to be transferred, a description of the element or elements of the Department to which such functions or services are to be transferred. (3) A description of disposition of the remaining functions or services of such Agency or Field Activity, if any, after termination or transfer. (4) A comprehensive assessment of the impact of the actions described in paragraphs (1) through (3). ______ SA 2791. Mr. CARDIN (for himself, Mr. McCain, and Mr. Durbin) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XII, add the following: Subtitle H--Matters Relating to Burma SEC. 1281. FINDINGS. Congress makes the following findings: (1) The United States policy of principled engagement since 1988 has fostered positive democratic reforms in Burma, which have led to significant milestones on the path to full democracy. (2) On November 8, 2015, Burma held historic elections in which the National League for Democracy won a supermajority of seats in the combined national parliament. On March 30, 2016, Htin Kyaw was inaugurated as the President of Burma, the country's first civilian President in more than 50 years. Aung San Suu Kyi, President of the National League for Democracy, was barred from becoming President due to the provisions of section 59(f) of the 2008 Constitution, and therefore assumed the office of State Counsellor, a position created for her that made her the country's de facto leader. (3) Aung San Suu Kyi's first acts as State Counsellor after her National League for Democracy party took office included releasing more than 100 political prisoners, including well- known journalists and student activists held on politically motivated charges. However, as of November 2017, there were 228 political prisoners in Burma, 46 of which were serving prison sentences, 49 of which were awaiting trial inside prison, and 133 of which were awaiting trial outside prison, according to the Assistance Association for Political Prisoners. (4) The Government of Burma also continues to systematically discriminate against the Rohingya people. Burma's 1982 citizenship law stripped Rohingya Burmese of their Burmese citizenship, rendering them stateless, and the Government continues to restrict Rohingya births and to deny the Rohingya freedom of movement and access to healthcare, land, education, voting, political participation, and marriage. (5) Despite the meaningful steps taken toward democracy in Burma, there remain important structural and systemic impediments to the realization of a fully democratic civilian government, including-- (A) the 2008 Constitution, which is in need of reform; (B) the disfranchisement of certain groups who voted in previous elections; (C) the social, political, and economic conditions in Rakhine State, particularly with respect to the Rohingya population; and (D) the current humanitarian and human rights crisis affecting Burma's Rohingya population and residents of the Rakhine, Kachin, and Shan states, including credible reports of ethnic cleansing, crimes against humanity, extrajudicial killings, sexual and gender-based violence, and forced displacement. (6) Actions of the military of Burma, known as the Tatmadaw, including continuing assaults on personnel and territory controlled by armed ethnic organizations, military offensives immediately preceding the peace conference in Naypyitaw, and human rights violations against noncombatant civilians in conflict areas, undermine confidence in establishing a credible nationwide ceasefire agreement to end Burma's civil war. (7) The people of Burma continue to suffer from an ongoing civil war between the Tatmadaw and nearly 20 armed ethnic organizations. Any prospects for a full democracy in Burma are contingent on ending the civil war and finding a path toward national reconciliation between Burma's Bamar majority and its various ethnic minorities. (8) Since 2011, over 98,000 people have been displaced in Kachin and northern Shan State over the escalating violence and instability, resulting in continued massive internal displacement, including in internally displaced person (IDP) camps, which continues to undermine the trust necessary to achieve a durable, lasting peace, and has caused a massive humanitarian crisis which disproportionately affects the lives of innocent civilians and internally displaced persons forced from their homes. According to the United Nations Office for the Coordination of Humanitarian Affairs, some 50 percent of these displaced persons are staying in areas beyond Government control where humanitarian access is limited. Even in areas controlled by the Government, delivery of humanitarian assistance has been increasingly restricted through onerous bureaucratic requirements resulting in limited access by international and local humanitarian organizations. (9) In 2015, the nongovernmental campaign Global Witness found that, in 2014, the estimated value of official production of jade equated to up to 48 percent of the official gross domestic product of Burma. Because of corruption and a lack of transparency, much of the proceeds of the Burmese jade trade enrich notorious leaders from the military junta, including former dictator Than Shwe and United States-sanctioned drug lord Hsueh Kang Wei, and vested interests in jade are undermining prospects for resolving the most intractable armed conflict in Burma. (10) On August 31, 2016, State Counsellor Aung San Suu Kyi and the Government of Burma initiated the Union Peace Conference 21st Century Panglong in Naypyitaw, which more than 1,400 representatives of various concerned parties attended in an effort to begin the process of ending Burma's civil war and to discuss options in forming a democratic state of Burma. On May 24, 2017, the Government of Burma held a second Panglong Peace Conference, with mixed results. (11) On January 4, 2018, the Department of State determined that Burma remains designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act (22 U.S.C. 6442(b)), and that ``members of the Rohingya community in particular face abuses by the Government of Burma, including those involving torture, unlawful arrest and detention, restricted movement, restrictions on religious practices, discrimination in employment, and access to social services''. (12) The February 2017 panels set up by the Burmese army and the Home Affairs Ministry are widely perceived by the international community to lack independence and impartiality. The December 2016 commission established by Burma's President [[Page S3771]] Htin Kyaw to investigate the October 2016 attacks dismissed claims of misconduct by security forces due to ``insufficient evidence.'' A Burmese army internal inquiry completed in November 2017 claimed there had been no abuses committed by the military. The 2012 commission government established to investigate violence in Rakhine State that year never held anyone accountable. (13) In a public address on October 12, 2017, State Counsellor Aung San Suu Kyi laid out 3 goals for the Rakhine State: (A) Repatriation of those who have crossed over to Bangladesh and effective provision of humanitarian assistance. (B) Resettlement of displaced populations. (C) Economic development and durable peace. (14) According to the Medecins Sans Frontieres estimates, at least 6,700 Rohingya have been killed, including 730 children, and that at least 2,700 others died from disease and malnutrition and over an estimated 680,000 Rohingya have fled to Bangladesh since August 2017, fearing loss of livelihood and shelter and disproportionate use of force by the military of Burma. (15) On October 23, 2017, the Department of State said, ``We express our gravest concern with recent events in Rakhine State and the violent, traumatic abuses Rohingya and other communities have endured. It is imperative that any individuals or entities responsible for atrocities, including non-state actors and vigilantes, be held accountable.''. (16) At a Senate Foreign Relations Committee hearing on October 24, 2017, the Department of State indicated that ``refugees continue to cross into Bangladesh, and we continue to receive credible reports of sporadic violence in northern Rakhine State''. (17) Amnesty International and Human Rights Watch have reported and documented a campaign of violence perpetuated by the security forces of Burma that ``may amount to crimes against humanity'' and ``ethnic cleansing'' and includes-- (A) indiscriminate attacks on civilians; (B) rape of women and girls; and (C) arbitrary arrest and detention of Rohingya men without charge. (18) According to Human Rights Watch, Burmese security forces have committed widespread rape against women and girls as part of a campaign of ethnic cleansing against Rohingya Muslims in Burma's Rakhine State. Survivors said that soldiers gathered them together in groups and then raped or gang raped them. (19) Because survivors of conflict-related sexual or gender-based violence know very little about the abusers, aside from identifying the abuser as a member of a military unit, existing laws and accountability mechanisms often fail to protect victims of such violence. (20) Satellite images captured by Human Rights Watch reveal that, out of the approximately 470 villages in northern Rakhine State, most of which were completely or partially populated with Rohingya Muslims, nearly 300 were partially or completely destroyed by fire after August 25, 2017. (21) The Government of Burma has continued to block access to northern Rakhine State by United Nations and other humanitarian organizations, preventing hundreds of thousands of vulnerable Rohingya, Rahkine, and other ethnic groups, including children with acute malnutrition, from receiving humanitarian aid. According to a report by the United Nations Children's Fund, a diphtheria outbreak has led to 424 cases and 6 deaths since December 6, 2017. In addition, the levels of global acute malnutrition in refugees from Burma exceeds the World Health Organization's threshold by 15 percent in children aged 6-59 months. Over 50 percent of the Rohingya children are reported to be suffering from anemia. (22) In response to previous violence between the Burmese military and the ethnic Rohingya people in 2016, Aung San Suu Kyi established the Advisory Commission on Rakhine State headed by former United Nations Secretary-General Kofi Annan to address tensions in Northern Rakhine. She has since also endorsed the Commission's recommendations and established an ``Advisory Team for the Committee for the Implementation of Recommendations on Rakhine State'' to move forward with implementation. (23) On December 21, 2017, using the authority granted by the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328), the President imposed sanctions on Maung Maung Soe, a Major General who was the chief of the Burmese Army's Western command during the August 2017 attack in Rakhine state. (24) On November 22, 2017, Secretary of State Rex Tillerson stated, ``After careful and through analysis of available facts, it is clear that the situation in northern Rakhine state constitutes ethnic cleansing against the Rohingya. Those responsible for these atrocities must be held accountable.''. (25) Ethnic cleansing is a despicable evil, and while it is not an independent crime under domestic or international law, it is often accomplished through acts that constitute war crimes, crimes against humanity, or genocide, and the perpetrators of such crimes in Burma must be held accountable. SEC. 1282. DEFINITIONS. In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) Genocide.--The term ``genocide'' means any offense described in section 1091(a) of title 18, United States Code. (3) Hybrid tribunal.--The term ``hybrid tribunal'' means a temporary criminal tribunal that involves a combination of domestic and international lawyers, judges, and other professionals to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide. (4) Transitional justice.--The term ``transitional justice'' means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes-- (A) to redress legacies of atrocities; and (B) to promote long-term, sustainable peace. (5) War crime.--The term ``war crime'' has the meaning given the term in section 2441(c) of title 18, United States Code. SEC. 1283. STATEMENT OF POLICY. It is the policy of the United States that-- (1) the pursuit of a calibrated engagement strategy is essential to support the establishment of a peaceful, prosperous, and democratic Burma that includes respect for the human rights of all its people regardless of ethnicity and religion; and (2) the guiding principles of such a strategy include-- (A) support for meaningful legal and constitutional reforms that remove remaining restrictions on civil and political rights and institute civilian control of the military, civilian control of the government, and the constitutional provision reserving 25 percent of parliamentary seats for the military, which provides the military with veto power over constitutional amendments; (B) the establishment of a fully democratic, pluralistic, civilian controlled, and representative political system that includes regularized free and fair elections in which all people of Burma, including the Rohingya, can vote; (C) the promotion of genuine national reconciliation and conclusion of a credible and sustainable nationwide ceasefire agreement, political accommodation of the needs of ethnic Shan, Kachin, Chin, Karen, and other ethnic groups, safe and voluntary return of displaced persons to villages of origins, and constitutional change allowing inclusive permanent peace; (D) investigations into credible reports of ethnic cleansing, crimes against humanity, sexual and gender-based violence, and genocide perpetrated against ethnic minorities like the Rohingya by the government, military, and security forces of Burma, violent extremist groups, and other combatants involved in the conflict; (E) accountability for determinations of ethnic cleansing, crimes against humanity, sexual and gender-based violence, and genocide perpetrated against ethnic minorities like the Rohingya by the Government, military, and security forces of Burma, violent extremist groups, and other combatants involved in the conflict; (F) strengthening the government's civilian institutions, including support for greater transparency and accountability; (G) the establishment of professional and nonpartisan military, security, and police forces that operate under civilian control; (H) empowering local communities, civil society, and independent media; (I) promoting responsible international and regional engagement; (J) strengthening respect for and protection of human rights and religious freedom; (K) addressing and ending the humanitarian and human rights crisis, including by supporting the return of the displaced Rohingya to their homes and providing equal access to restoration of full citizenship for the Rohingya population; and (L) promoting broad-based, inclusive economic development and fostering healthy and resilient communities. SEC. 1284. AUTHORIZATION OF HUMANITARIAN ASSISTANCE AND RECONCILIATION. (a) Humanitarian Assistance.-- (1) In general.--There is authorized to be appropriated $103,695,069 for fiscal year 2018 for humanitarian assistance for Burma, Bangladesh, and the region. The assistance may include-- (A) assistance for the victims of the Burmese military's ethnic cleansing campaign targeting Rohingya in Rakhine State, including those displaced in Bangladesh, Burma, and the region; (B) support for voluntary resettlement or repatriation efforts regionally; and (C) humanitarian assistance to victims of violence and destruction in Rakhine State, including victims of gender- based violence and unaccompanied minors. (2) Sense of congress on additional funding.--It is the sense of Congress that additional significant and sustained funding will be necessary to address the medium and long-term impacts of this crisis. (b) Reconciliation Programs.--There is authorized to be appropriated $27,400,000 for fiscal year 2018 for reconciliation programs in Burma. The assistance may include-- (1) reducing the influence of the drivers of intercommunal conflict; (2) strengthening engagement on areas affecting fundamental freedoms; [[Page S3772]] (3) enhancing the ability of key stakeholders to engage in the peace process; and (4) assisting the implementation of the Kofi Annan Commission report. SEC. 1285. MULTILATERAL ASSISTANCE. The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Burma that-- (1) provide for accountability and transparency, including the collection, verification and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project; (2) will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior, and informed consent of affected indigenous communities; (3) do not provide incentives for, or facilitate, forced displacement; and (4) do not partner with or otherwise involve enterprises owned or controlled by the armed forces. SEC. 1286. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND FREEDOM OF MOVEMENT. (a) Right of Return.--It is the sense of Congress that the Government of Burma, in collaboration with the regional and international community, including the United Nations High Commissioner for Refugees, should-- (1) ensure the dignified, safe, and voluntary return of all those displaced from their homes, especially from Rakhine State, without an unduly high burden of proof; (2) offer to those who do not want to return meaningful opportunity to obtain appropriate compensation or restitution; (3) not place returning Rohingya in DP camps or ``model villages'', but instead make efforts to reconstruct Rohingya villages as and where they were; (4) keep any funds collected by the Government by harvesting the land previously owned and tended by Rohingya farmers for them upon their return; and (5) fully implement all of the recommendations of the Advisory Commission on Rakhine State. (b) Freedom of Movement of Refugees and Internally Displaced Persons.--Congress recognizes that the Government of Bangladesh has provided long-standing support and hospitality to people fleeing violence in Burma, and calls on the Government of Bangladesh-- (1) to ensure all refugees have freedom of movement and under no circumstance are subject to unsafe, involuntary, or uninformed repatriation; and (2) to ensure the dignified, safe, and voluntary return of those displaced from their homes, and offer to those who do not want to return meaningful means to obtain compensation or restitution. SEC. 1287. MILITARY COOPERATION. (a) Prohibition.--Except as provided under subsection (b), the President may not furnish any security assistance or to engage in any military-to-military programs with the armed forces of Burma, including training or observation or participation in regional exercises, until the Secretary of State, in consultation with the Secretary of Defense, certifies to the appropriate congressional committees that the Burmese military has demonstrated significant progress in abiding by international human rights standards and is undertaking meaningful and significant security sector reform, including transparency and accountability to prevent future abuses, as determined by applying the following criteria: (1) The military adheres to international human rights standards and pledges to stop future human rights violations. (2) The military supports efforts to carry out meaningful and comprehensive investigations of credible reports of abuses and is taking steps to hold accountable those in the Burmese military responsible for human rights violations. (3) The military supports efforts to carry out meaningful and comprehensive investigations of reports of conflict- related sexual and gender-based violence and is taking steps to hold accountable those in the Burmese military who failed to prevent, respond to, investigate, and prosecute violence against women, sexual violence, or other gender-based violence. (4) The Government of Burma, including the military, allows immediate and unfettered humanitarian access to communities in areas affected by conflict, including Rohingya communities in Rakhine State. (5) The Government of Burma, including the military, cooperates with the United Nations High Commissioner for Refugees and other relevant United Nations agencies to ensure the protection of displaced persons and the safe and voluntary return of Rohingya refugees and internally displaced persons. (6) The Government of Burma, including the military, takes steps toward the implementation of the recommendations of the Advisory Commission on Rakhine State. (b) Exceptions.-- (1) Certain existing authorities.--The Department of Defense may continue to conduct consultations based on the authorities under section 1253 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note). (2) Hospitality.--The United States Agency for International Development and the Department of State may provide assistance authorized by part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support ethnic armed groups and the Burmese military for the purpose of supporting research, dialogues, meetings, and other activities related to the Union Peace Conference, Political Dialogues, and related processes, in furtherance of inclusive, sustainable reconciliation. (c) Military Reform.--The certification required under subsection (a) shall include a written justification in classified and unclassified form describing the Burmese military's efforts to implement reforms, end impunity for human rights violations, and increase transparency and accountability. (d) Rule of Construction.--Nothing in this subtitle shall be construed to authorize Department of Defense assistance to the Government of Burma except as provided in this section. (e) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this subtitle, and every 180 days thereafter, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees a report, in both classified and unclassified form, on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military of Burma. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) A description and assessment of the Government of Burma's strategy for security sector reform, including as it relates to an end to involvement in the illicit trade in jade and other natural resources, reforms to end corruption and illicit drug trafficking, and constitutional reforms to ensure civilian control of the Government. (B) A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-to-military engagements between the United States and Burma's military forces, including the military of Burma, the Burma Police Force, and armed ethnic groups. (C) An assessment of the progress of the military of Burma towards developing a framework to implement human rights reforms, including-- (i) cooperation with civilian authorities to investigate and prosecute cases of human rights violations; (ii) steps taken to demonstrate respect for internationally-recognized human rights standards and implementation of and adherence to the laws of war; and (iii) a description of the elements of the military-to- military engagement between the United States and Burma that promote such implementation. (D) An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to ceasefire agreements, allow for safe and voluntary returns of displaced persons to their villages of origin, and withdraw forces from conflict zones. (E) An assessment of the Burmese's military recruitment and use of children as soldiers. (F) An assessment of the Burmese's military's use of violence against women, sexual violence, or other gender- based violence as a tool of terror, war, or ethnic cleansing. (f) Civilian Channels.--Any program initiated under this section shall use appropriate civilian government channels with the democratically elected Government of Burma. (g) Regular Consultations.--Any new program or activity in Burma initiated under this section shall be subject to prior consultation with the appropriate congressional committees. SEC. 1288. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO MILITARY OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS VIOLATIONS. (a) List Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of senior officials of the military and security forces of Burma that the President determines have knowingly played a direct and significant role in the commission of human rights violations in Burma, including against the Rohingya minority population. (2) Inclusions.--The list required by paragraph (1) shall include all of the senior officials of the military and security forces of Burma-- (A) in charge of each unit that was operational during the so-called ``clearance operations'' that began during or after October 2016; and (B) who knew, or should have known, that the official's subordinates were committing sexual or gender-based violence and failed to take adequate steps to prevent such violence or punish the individuals responsible for such violence. (3) Updates.--Not less frequently than every 180 days, the President shall submit to the appropriate congressional committees an updated version of the list required by paragraph (1). (b) Sanctions.-- (1) Visa ban.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United [[Page S3773]] States, any individual included in the most recent list required subsection (a). (2) List of specially designated nationals and blocked persons.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall-- (i) determine whether the individuals specified in subparagraph (B) should be included on the SDN list; and (ii) submit to the appropriate congressional committees a report, in classified form if necessary, on the procedures for including those individuals on the SDN list under existing authorities of the Department of the Treasury. (B) Individuals specified.--The individuals specified in this subparagraph are-- (i) the head of each unit of the military or security forces of Burma that was operational during the so-called ``clearance operations'' that began during or after October 2016, including-- (I) Senior General Min Aung Hlaing; and (II) Major General Khin Maung Soe; (ii) any senior official of the military or security forces of Burma for which the President determines there are credible reports that the official has aided, participated, or is otherwise implicated in gross human rights violations in Burma, including sexual and ethnic- or gender-based violence; and (iii) any senior official of the military or security forces of Burma for which the President determines there are credible reports that the official knew, or should have known, that the official's subordinates were committing sexual or gender-based violence and failed to take adequate steps to prevent such violence or punish the individuals responsible for such violence. (3) Authority for additional financial sanctions.--The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution that is a United States person, for or on behalf of a foreign financial institution, if the Secretary determines that the account is knowingly used-- (A) by a foreign financial institution that knowingly holds property or an interest in property of an individual included on the SDN list pursuant to paragraph (2); or (B) to conduct a significant transaction on behalf of such an individual. (4) Rule of construction.--Nothing in this subsection may be construed to prohibit any contract or other financial transaction by a United States person with a credible nongovernmental humanitarian organization in Burma. (c) Removal From List.--The President may remove an individual from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees that-- (1) the individual has-- (A) publicly acknowledged the role of the individual in committing past human rights violations; (B) cooperated with independent efforts to investigate such violations; (C) been held accountable for such violations; and (D) demonstrated substantial progress in reforming the individual's behavior with respect to the protection of human rights in the conduct of civil-military relations; and (2) removing the individual from the list is in the national interest of the United States. (d) Exceptions.-- (1) Humanitarian assistance.--A requirement to impose sanctions under this section shall not apply with respect to the provision of medicine, medical equipment or supplies, food, or any other form of humanitarian or human rights- related assistance provided to Burma in response to a humanitarian crisis. (2) United nations headquarters agreement.--Subsection (b)(1) shall not apply to the admission of an individual to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations of the United States. (e) Waiver.--The President may waive a requirement of this section if the Secretary of State, in consultation with the Secretary of the Treasury, determines and reports to the appropriate congressional committees that the waiver is important to the national security interests of the United States. (f) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (2) or (3) of subsection (b) or any regulation, license, or order issued to carry out either such paragraph shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Rule of construction.--This subsection shall not be construed to require the President to declare a national emergency under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701). (g) Definitions.--In this section: (1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code. (2) Financial institution.--The term ``financial institution'' has the meaning given that term in section 5312 of title 31, United States Code. (3) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) SDN list.--The term ``SDN list'' means the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. SEC. 1289. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, the Secretary of the Treasury, and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a strategy to support sustainable and broad-based economic development, in accordance with the priorities of the Government of Burma to improve economic conditions. (b) Elements.--In order to support the efforts of the Government of Burma, the strategy required by subsection (a) shall include a plan to promote inclusive and responsible economic growth, including through the following initiatives: (1) Develop an economic reform road-map to diversify control over and access to participation in key industries and sectors. The United States Government should support the Government of Burma to develop a roadmap to assess and recommend measures to remove barriers and increase competition, access and opportunity in sectors dominated by the military, former military officials, and their families, and businesspeople connected to the military. The roadmap should include areas related to government transparency, accountability, and governance. (2) Increase transparency disclosure requirements in key sectors to promote responsible investment. Provide technical support to develop and implement policies, and revise existing policies on public disclosure of beneficial owners of companies in key sectors identified by the Government of Burma, including the identities of those seeking or securing access to Burma's most valuable resources. In the ruby industry, this specifically includes working with the Government of Burma to require the disclosure of the ultimate beneficial ownership of entities in the industry and the publication of project revenues, payments, and contract terms relating to the industry. Such new requirements should complement disclosures due to be put in place in Burma as a result of its participation in the Extractives Industry Transparency Initiative (EITI). (3) Promote universal access to reliable, affordable, energy efficient, and sustainable power, including leveraging United States assistance to support reforms in the power sector and electrification projects that increase energy access, in partnership with multilateral organizations and the private sector. SEC. 1290. REPORT ON ETHNIC CLEANSING AND SERIOUS HUMAN RIGHTS ABUSES IN BURMA. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the credible reports of ethnic cleansing and serious human rights abuses committed against the Rohingya in Burma, including credible reports of war crimes, crimes against humanity, and genocide, and on potential transnational justice mechanisms in Burma. (b) Elements.--The reports required under subsection (a) shall include-- (1) a description of credible reports of ethnic cleaning and serious human rights abuses perpetrated against the Rohingya ethnic minority in Burma, including-- (A) incidents that may constitute ethnic cleansing, crimes against humanity, sexual and gender-based violence, and genocide committed by the Burmese military, and other actors involved in the violence; (B) incidents that may constitute ethnic cleansing, crimes against humanity, sexual and gender-based violence, or genocide committed by violent extremist groups or antigovernment forces; (C) any incidents that may violate the principle of medical neutrality and, if possible, identification of the individual or individuals who engaged in or organized such incidents; and [[Page S3774]] (D) to the extent possible, a description of the conventional and unconventional weapons used for such crimes and the origins of such weapons; (2) a description and assessment by the Department of State, the United States Agency for International Development, the Department of Justice, and other appropriate Federal departments and agencies of programs that the United States Government has already or is planning to undertake to ensure accountability for credible reports of ethnic cleansing and reports of war crimes, crimes against humanity, sexual and gender-based violence, and genocide perpetrated against the Rohingya and other ethnic minority groups by the Government, security forces, and military of Burma, violent extremist groups, and other combatants involved in the conflict, including programs-- (A) to train investigators within and outside of Burma and Bangladesh on how to document, investigate, develop findings of, and identify and locate alleged perpetrators of ethnic cleansing, crimes against humanity, or genocide in Burma; (B) to promote and prepare for a transitional justice process or processes for the perpetrators of ethnic cleansing, crimes against humanity, and genocide in Burma; and (C) to document, collect, preserve, and protect evidence of reports of ethnic cleansing, crimes against humanity, and genocide in Burma, including support for Burmese and Bangladeshi, foreign, and international nongovernmental organizations, the United Nations Human Rights Council's investigative team, and other entities; and (3) A detailed study of the feasibility and desirability of potential transitional justice mechanisms for Burma, including a hybrid tribunal, and recommendations on which transitional justice mechanisms the United States Government should support, why such mechanisms should be supported, and what type of support should be offered. (c) Protection of Witnesses and Evidence.--The Secretary shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the Government of Burma. SEC. 1291. TECHNICAL ASSISTANCE AUTHORIZED. (a) In General.--The Secretary of State, in consultation with the Department of Justice and other appropriate Federal departments and agencies, is authorized to provide appropriate assistance to support entities that, with respect to credible reports of ethnic cleansing, crimes against humanity, and genocide perpetrated by the military, security forces, and Government of Burma, Buddhist militias, and all other armed groups fighting in Rakhine State-- (1) identify suspected perpetrators of ethnic cleansing, war crimes, crimes against humanity, and genocide; (2) collect, document, and protect evidence of crimes and preserve the chain of custody for such evidence; (3) conduct criminal investigations; and (4) support investigations by third-party states, as appropriate. (b) Additional Assistance.--The Secretary of State, after consultation with appropriate Federal departments and agencies and the appropriate congressional committees, and taking into account the findings of the transitional justice study required under section 1290(b)(3), is authorized to provide assistance to support the creation and operation of transitional justice mechanisms for Burma. SEC. 1292. SENSE OF CONGRESS ON PRESS FREEDOM. In order to promote freedom of the press in Burma, it is the sense of Congress that-- (1) Wa Lone and Kyaw Soe Oo should be immediately released and should have access to lawyers and their families; and (2) the decision to use a colonial-era law to arrest these Reuters reporters undermines press freedom around the world and further underscores the need for serious legal reform. SEC. 1293. MEASURES RELATING TO MILITARY COOPERATION BETWEEN BURMA AND NORTH KOREA. (a) Imposition of Sanctions.-- (1) In general.--The President may, with respect to any person described in paragraph (2)-- (A) impose the sanctions described in paragraph (1) or (3) of section 1288(b); or (B) include that person on the SDN list (as defined in section 1288(g)). (2) Persons described.--A person described in this paragraph is an official of the Government of Burma or an individual or entity acting on behalf of that Government that the President determines purchases or otherwise acquires defense articles from the Government of North Korea or an individual or entity acting on behalf of that Government. (b) Restriction on Foreign Assistance.--The President may terminate or reduce the provision of United States foreign assistance to Burma if the President determines that the Government of Burma does not verifiably and irreversibly eliminate all purchases or other acquisitions of defense articles by persons described in subsection (a)(2) from the Government of North Korea or individuals or entities acting on behalf of that Government. (c) Defense Article Defined.--In this section, the term ``defense article'' has the meaning given that term in section 47 of the Arms Export Control Act (22 U.S.C. 2794). SEC. 1294. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE. Nothing in this subtitle shall be construed as an authorization for the use of force. ______ SA 2792. Mr. INHOFE (for himself and Mr. Menendez) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle E of title XII, add the following: SEC. 1250. SENSE OF SENATE ON INCORPORATION OF NON-NUCLEAR NAVAL PROPULSION AND TECHNOLOGY SYSTEMS MANUFACTURED IN THE UNITED STATES INTO THE NAVAL VESSELS OF UNITED STATES ALLIES IN THE INDO-PACIFIC REGION. It is the sense of the Senate that, consistent with the Conventional Arms Transfer Policy of the United States Government recently updated to promote policies that strengthen our allies and partners around the world and preserve peace while creating American manufacturing jobs-- (1) it is in the interest of the United States that non- nuclear naval propulsion and technology systems manufactured in the United States be incorporated into warships of navies of close allies of the United States, including Australia, Canada, India, South Korea, Taiwan, and other countries pursuing the modernization of their fleets; and (2) naval cooperation arising from the incorporation of such systems into such warships will-- (A) help guarantee interoperability and commonality of warfighting systems between the United States and our allies in the Indo-Pacific region; and (B) promote the expansion of the dynamism and innovation of the defense industry manufacturing supply chain in the United States. ______ SA 2793. Mr. CORNYN submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title III, add the following: SEC. 316. CORE SAMPLING STUDY AND REPORT AT JOINT BASE SAN ANTONIO, TEXAS. (a) Site Investigation Required.--The Secretary of the Air Force shall conduct a core sampling study along an agreed upon route between the Air Force and San Antonio Water System of the wastewater treatment line on Air Force real property, in compliance with best engineering practices, to determine if any regulated or hazardous substances are present in the soil along an agreed upon route. (b) Report Required.--Not later than 120 days after the date of the agreement on the route, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the core samples taken pursuant to subsection (a). ______ SA 2794. Mr. SCOTT (for himself and Mr. Brown) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title II, add the following: SEC. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS. (a) Increase.--Funds authorized to be appropriated in Research, Development, Test, and Evaluation, Defense-wide, PE 0601228D8Z, section 4201, for Basic Research, Historically Black Colleges and Universities/Minority Institutions, Line 006, are hereby increased by $10,000,000. (b) Offset.--Funding in section 4101 for Other Procurement, Army, for Automated Data Processing Equipment, Line 112, is hereby reduced by $10,000,000. [[Page S3775]] ______ SA 2795. Mr. PAUL submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS BY THE UNITED STATES. (a) Limitation on Detention.--Section 4001 of title 18, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) No person shall be imprisoned or otherwise detained by the United States except consistent with the Constitution.''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: ``(b)(1) A general authorization to use military force, a declaration of war, or any similar authority, on its own, shall not be construed to authorize the imprisonment or detention without charge or trial of a person apprehended in the United States. ``(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of this paragraph. ``(3) This section shall not be construed to authorize the imprisonment or detention of any person who is apprehended in the United States.''. (b) Repeal of Authority of the Armed Forces of the United States To Detain Covered Persons Pursuant to the Authorization for Use of Military Force.--Section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note) is repealed. ______ SA 2796. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle I of title VIII, add the following: SEC. 896. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(tt) Commercialization Assistance Pilot Programs.-- ``(1) Pilot programs implemented.-- ``(A) In general.--Except as provided in subparagraph (B), not later than 1 year after the date of enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program under which an eligible entity may receive a subsequent Phase II SBIR award. ``(B) Exception.--If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, the covered agency shall not be required to implement a commercialization assistance pilot program under this subsection. ``(2) Percent of agency funds.--The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program. ``(3) Termination.--A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022. ``(4) Application.--To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing the pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including-- ``(A) an updated Phase II commercialization plan; and ``(B) the source and amount of the matching funding required under paragraph (5). ``(5) Matching funding.-- ``(A) In general.--The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving the award) equal to the amount of the award be provided from an eligible third party investor. ``(B) Ineligible sources.--An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A). ``(C) Exception.--The Administrator shall not require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, a matching amount if the eligible entity is located in an underperforming State. ``(6) Award.--A subsequent Phase II SBIR award made to an eligible entity under this subsection-- ``(A) may not exceed the limitation described under subsection (aa)(1); and ``(B) shall be disbursed during Phase II. ``(7) Use of funds.--The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on Phase II program of the eligible entity's and ensure the research funded under that Phase II is rapidly progressing towards commercialization. ``(8) Selection.--In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider-- ``(A) the extent to which the award could aid the eligible entity in commercializing the research funded under the Phase II program of the eligible entity; ``(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of the research; ``(C) whether the proposed activities to be conducted under the updated Phase II commercialization plan further improve the likelihood that the research will provide societal benefits; ``(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award; ``(E) the expectations of the eligible third party investor that provides matching funding under paragraph (5); and ``(F) the likelihood that the proposed activities to be conducted under the updated Phase II commercialization plan using matching funding provided by the eligible third party investor will lead to commercial and societal benefit. ``(9) Evaluation report.--Not later than 3 years after the date of enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives a report including-- ``(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection; ``(B) a detailed compilation of results achieved by those commercialization assistance pilot programs, including the number of eligible entities that received awards under those programs; ``(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient; ``(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program; ``(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff); ``(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program; ``(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection; ``(H) the amount of matching funding provided by eligible third party investors, set forth separately by source of funding; ``(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and ``(J) recommendations for improvements to the commercialization assistance pilot program. ``(10) Definitions.--For purposes of this subsection: ``(A) Covered agency.--The term `covered agency' means a Federal agency required to have an SBIR program. ``(B) Eligible entity.--The term `eligible entity' means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which the small business concern is applying for a subsequent Phase II SBIR award. ``(C) Eligible third party investor.--The term `eligible third party investor' means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof. ``(D) Ineligible sources.--The term `ineligible sources' means the following: ``(i) The internal research and development funds of the eligible entity. ``(ii) Funding in forms other than cash, such as in-kind or other intangible assets. ``(iii) Funding from the owners of the eligible entity, or the family members or affiliates of those owners. ``(iv) Funding attained through loans or other forms of debt obligations. ``(E) Subsequent phase ii sbir award.--The term `subsequent Phase II SBIR award' means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program. ``(F) Underperforming state.--The term `underperforming State' means any State [[Page S3776]] participating in the SBIR program that is in the bottom 50 percent of all States historically receiving SBIR program funding.''. ______ SA 2797. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle I of title VIII, add the following: SEC. 896. ANNUAL LIST OF SBIR AWARDS. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(tt) Annual List of Low Participation States.--Each Federal agency participating in the SBIR program shall submit to the appropriate committees of Congress (as defined in subsection (nn)(3)(C)) an annual report that includes, for the preceding 12-month period-- ``(1) a list of the number of SBIR awards provided to small business concerns in each State; and ``(2) a plan to increase the number of SBIR awards provided to small business concerns located in the 10 States listed under paragraph (1) with the lowest number of SBIR awards.''. ______ SA 2798. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. FOREIGN SOVEREIGN IMMUNITY. Section 1605A(a)(2)(A)(i) of title 28, United States Code, is amended-- (1) in subclause (I), by striking ``or'' at the end; (2) in subclause (II), by inserting ``or'' at the end; and (3) by adding at the end the following: ``(III) the Department of State has otherwise determined the foreign state engages in a pattern or practice of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment or agency (excluding acts of war).''. ______ SA 2799. Mr. CORNYN (for himself and Mr. Cotton) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title II, add the following: SEC. ___. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS. (a) Initiative Required.--The Secretary of Defense shall, in consultation with other appropriate government organizations, establish an initiative to work with academic institutions who perform defense research and engineering activities-- (1) to support protection of intellectual property, controlled information, key personnel, and information about critical technologies relevant to national security; (2) to limit undue influence by countries engaged in illicit behaviors to exploit United States technology within the Department of Defense research, technology, and innovation enterprise; and (3) to support efforts toward development of domestic talent in relevant scientific and engineering fields. (b) Institutions and Organizations.-- (1) In general.--The initiative required by subsection (a) shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations. (2) Record of excellence.--In selecting research institutions of higher education under this subsection, the Secretary shall prioritize selection of institutions of higher education that the Secretary determines demonstrate a record of excellence in industrial security and counterintelligence in academia and in research and development. (c) Requirements.--The initiative required by subsection (a) shall include development of the following: (1) Information exchange forum and information repositories to enable awareness of security threats and influence operations being executed against the United States research, technology, and innovation enterprise. (2) Training and other support for academic institutions to promote security and limit undue influence on institutions and personnel, including financial support for execution for such activities. (3) Opportunities to collaborate with defense researchers and research organizations in secure facilities to promote protection of critical information. (4) Regulations and procedures-- (A) for government and academic organizations and personnel to support the goals of the initiative; and (B) that are consistent with policies that protect open and scientific exchange in fundamental research. (5) Policies to limit or prohibit funding for institutions or individual researchers who knowingly and repeatedly violate regulations developed under the initiative. (6) Initiatives to support the transition of the results of academic institution research programs into defense capabilities. (d) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the activities carried out under the initiative required by subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the activities conducted and the progress made under the initiative. (B) The findings of the Secretary with respect to the initiative. (C) Such recommendations as the Secretary may have for legislative or administrative action relating to the matters described in subsection (a). (D) Identification and discussion of the gaps in legal authorities that need to be improve to enhance the security of research institutions of higher education performing defense research. (E) A description of the actions taken by such institutions to comply with such best practices and guidelines as may be established by under the initiative. (3) Form.--The report submitted under paragraph (1) shall be submitted in both unclassified and classified formats, as appropriate. (e) Institution of Higher Education Defined.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ______ SA 2800. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title VIII, add the following: SEC. 823. ENHANCEMENT OF MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS. Section 1704 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104b) is amended by adding at the end the following new subsection: ``(e) Supply Chain Transparency.-- ``(1) In general.--To facilitate monitoring and investigation of human trafficking, the Office of Management and Budget shall ensure that the searchable public website established pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) includes the following information on Federal awards at each tier to both domestic and foreign awardees: ``(B) Notice of whether a contractor must provide a compliance plan to prevent human trafficking under section 1703 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 1704a). ``(C) Notice of whether the location of performance or production facilities is within a country ranked at tier 2 or tier 3 in the most recent Human Trafficking Report of the Department of State. ``(D) Additional information that facilitates monitoring and investigation of human trafficking. ``(2) Phase-in period for reporting subcontracts and subgrants.--Pursuant to paragraph (1), the Director of the Office of Management and Budget shall-- ``(A) issue a time-bound plan to phase in the new reporting not later than January 1, 2020; ``(B) require reporting of subcontract and subgrant data at tier one not later than January 1, 2020; ``(C) require reporting of subcontract and subgrant data at tier two not later than January 1, 2022; and ``(D) include in the annual report required by section 2(g) of the Federal Funding Accountability and Transparency Act (Public [[Page S3777]] Law 109-282; 31 U.S.C. 6101 note), progress on these stages and options for transparency at lower stages starting in fiscal year 2023. ``(3) Exceptions.-- ``(A) Minimum threshold.--Consistent with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note), executive agencies need not disclose contracts, subcontracts, grants, subgrants, or cooperative agreements less than $25,000 or contractors with gross income less than $300,000 in the previous tax year. ``(B) Security risks.--An awarding agency need not disclose the identity of a foreign awardee if the awarding agency certifies that disclosure of the contractor's identity would pose a security risk to the contractor or its contractual mission. ``(C) Waivers.-- ``(i) Guidance.--Not later than one year after the date of enactment of this subsection, the Office of Management and Budget shall issue guidance to establish a process by which a contractor, subcontractor, grantee, subgrantee, or parties to cooperative agreements may request a waiver from any of the requirements set forth in the section. ``(ii) Criteria.--To receive a waiver, the contractor, subcontractor, grantee, subgrantee, or party to a cooperative agreement must demonstrate why it cannot currently meet the requirements and must explain the steps it will take to meet the requirements once the waiver expires. ``(iii) Expiration.--This waiver option will expire on January 1, 2021. ``(iv) Waiver list.--The Office of Management and Budget shall maintain a public list of all contractors, subcontractors, grantees, subgrantees, or parties to cooperative agreements that have received a waiver. ______ SA 2801. Ms. STABENOW (for herself, Ms. Baldwin, Mr. Murphy, Mr. Merkley, and Ms. Smith) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title VIII, add the following: SEC. 823. PUBLICATION OF ANNUAL REPORTS ON BUY AMERICAN AND HIRE AMERICAN COMPLIANCE. (a) In General.--The head of each agency required to submit reports under Executive Order 13788, entitled ``Buy American and Hire American'', (or any successor order) shall make each report available to the public, and submit each report to Congress, at the same time the head of the agency submits the report to the Secretary of Commerce and Director of the Office of Management and Budget. (b) Publication of Previous Reports.--Not later than 90 days after the date of the enactment of this Act, the head of each agency that was previously required to submit a report under Executive Order 13788 shall make each such report available to the public, and submit each such report to Congress. ______ SA 2802. Mr. BOOKER submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle F of title XII, add the following: SEC. 12__. REPORT ON CIVILIAN CASUALTIES IN SOMALIA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Africa Command shall submit to the congressional defense committees a report on the process by which the Commander investigates allegations of civilian casualties resulting from United States military operations in Somalia during the period beginning on January 1, 2017, and ending on November 30, 2018. (b) Element.--The report required by subsection (a) shall include the following: (1) A description of-- (A) the criteria applied by the Commander to assess the credibility of such allegations made by an individual not affiliated with the Department of Defense; and (B) the manner in which the Commander overcomes an obstacle to accessing a location or witness relevant to an investigation of such civilian casualties. (2) An explanation of any discrepancy between the assessment of the Department with respect to specific civilian casualties and independent reports of such casualties. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. ______ SA 2803. Mr. HOEVEN (for himself and Mr. Rounds) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title X, add the following: SEC. 1006. TREATMENT OF ACTIVITIES RELATING TO TRAINING AND READINESS OF THE ARMED FORCES DURING A LAPSE IN APPROPRIATIONS AS VOLUNTARY SERVICES ACCEPTABLE BY THE UNITED STATES. Section 1342 of title 31, United States Code, is amended by adding at the end the following new sentence: ``However, the term does include any portion of a fiscal year during which the appropriation bill for the fiscal year for the Department of Defense or the Department of Homeland Security, as applicable, has not become law and an Act or joint resolution making continuing appropriations for the fiscal year is not in effect, but only with respect to activities relating to the training and readiness of the Armed Forces (including the National Guard and the Reserves) carried out during such portion of the fiscal year.''. ______ SA 2804. Mr. HOEVEN submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title VII, add the following: SEC. 706. REQUIREMENT FOR PHYSICAL EXAMINATIONS OF MEMBERS OF THE SELECTED RESERVE OF THE READY RESERVE OF THE RESERVE COMPONENTS OF THE ARMED FORCES WHO ARE SEPARATING FROM THE SELECTED RESERVE. Section 1145(d) of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``pursuant to'' and inserting ``described in''; and (B) in subparagraph (A)-- (i) by striking ``(A)'' and inserting ``(A)(i)''; (ii) by striking the semicolon at the end and inserting ``; or''; and (iii) by adding at the end the following new clause: ``(ii) is a member of the Selected Reserve of the Ready Reserve of a reserve component who is scheduled to separate from the Selected Reserve within 90 days;''; and (2) in paragraph (2)(A)-- (A) by striking ``examination under paragraph (1) to a'' and inserting ``examination-- ``(i) under paragraph (1)(A)(i) to a''; (B) in clause (i), as designated by subparagraph (A), by striking ``; and'' and inserting ``; or''; and (C) by adding at the end the following new clause: ``(ii) under paragraph (1)(A)(ii) to a member of the Selected Reserve of the Ready Reserve of a reserve component during the 90-day period before the date on which the member is scheduled to be separated from the Selected Reserve; and''. ______ SA 2805. Mr. PAUL (for himself and Mr. Peters) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle D of title VI, add the following: SEC. 633. AUTHORITY FOR SALE OF BEER, WINE, AND DISTILLED SPIRITS AT COMMISSARY STORES. (a) In General.--Section 2484(b) of title 10, United States Code, is amended-- (1) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (2) by inserting after paragraph (8) the following new paragraph (9): ``(9) Beer, wine, and distilled spirits.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on such date, not later than 90 days after the date of the enactment of this Act, as the Under Secretary of Defense for Personnel and the Director of the Defense Commissary Agency shall jointly specify for purposes of this section. [[Page S3778]] ______ SA 2806. Mr. MURPHY submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle I of title VIII, add the following: SEC. 896. PROHIBITION ON PROCUREMENT OF FOREIGN-MADE COMMERCIAL UNMANNED AERIAL SYSTEMS. (a) In General.--Except as provided under subsection (b), the Secretary of Defense may not procure or extend or renew a contract to procure any unmanned aerial system (UAS) that is manufactured outside the United States. (b) Waiver.--The Secretary of Defense may waive the requirement under subsection (a) on a case-by-case basis upon certifying to the congressional defense committees that it is necessary for national security reasons. ______ SA 2807. Mr. CRUZ (for himself and Ms. Murkowski) submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: Strike section 3111. ______ SA 2808. Mr. JOHNSON submitted an amendment intended to be proposed by him to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: DIVISION E--DHS AUTHORIZATION ACT SEC. 1. SHORT TITLE. This division may be cited as the ``Department of Homeland Security Authorization Act'' or the ``DHS Authorization Act''. SEC. 2. REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in this division shall be treated as referring only to the provisions of this division. TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS Subtitle A--Headquarters Operations SEC. 1101. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended-- (1) in subsection (c), in the matter preceding paragraph (1), by striking ``through the Office of State and Local Coordination (established under section 801)'' and inserting ``through the Office of Partnership and Engagement''; and (2) by adding at the end the following: ``(h) Headquarters.-- ``(1) In general.--There is in the Department a Headquarters. ``(2) Components.--The Department Headquarters shall include each of the following: ``(A) The Office of the Secretary, which shall include-- ``(i) the Deputy Secretary; ``(ii) the Chief of Staff; and ``(iii) the Executive Secretary. ``(B) The Management Directorate, including the Office of the Chief Financial Officer. ``(C) The Science and Technology Directorate. ``(D) The Office of Strategy, Policy, and Plans. ``(E) The Office of the General Counsel. ``(F) The Office of the Chief Privacy and FOIA Officer. ``(G) The Office for Civil Rights and Civil Liberties. ``(H) The Office of Operations Coordination. ``(I) The Office of Intelligence and Analysis. ``(J) The Office of Legislative Affairs. ``(K) The Office of Public Affairs. ``(L) The Office of the Inspector General. ``(M) The Office of the Citizenship and Immigration Services Ombudsman. ``(N) The Countering Weapons of Mass Destruction Office. ``(O) The Office of Partnership and Engagement.''. (b) Conforming Amendments Relating to Assistant Secretaries.--Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended-- (1) in the subsection heading, by inserting ``; Assistant Secretaries and Other Officers'' after ``Under Secretaries''; (2) in paragraph (1), by amending subparagraph (I) to read as follows: ``(I) An Administrator of the Transportation Security Administration.''; (3) by amending paragraph (2) to read as follows: ``(2) Assistant secretaries.--The following Assistant Secretaries shall be appointed by the President or the Secretary, as the case may be, without the advice and consent of the Senate: ``(A) Presidential appointments.--The Department shall have the following Assistant Secretaries appointed by the President: ``(i) The Assistant Secretary for Public Affairs. ``(ii) The Assistant Secretary for Legislative Affairs. ``(iii) The Assistant Secretary for the Countering Weapons of Mass Destruction Office. ``(iv) The Chief Medical Officer. ``(B) Secretarial appointments.--The Department shall have the following Assistant Secretaries appointed by the Secretary: ``(i) The Assistant Secretary for International Affairs. ``(ii) The Assistant Secretary for Threat Prevention and Security Policy. ``(iii) The Assistant Secretary for Border, Immigration, and Trade Policy. ``(iv) The Assistant Secretary for Cybersecurity, Infrastructure, and Resilience Policy. ``(v) The Assistant Secretary for Strategy, Planning, Analysis, and Risk. ``(vi) The Assistant Secretary for State and Local Law Enforcement. ``(vii) The Assistant Secretary for Partnership and Engagement. ``(viii) The Assistant Secretary for Private Sector.''; and (4) by adding at the end the following: ``(3) Limitation on creation of positions.--No Assistant Secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the DHS Authorization Act.''. SEC. 1102. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY AND FOIA OFFICER. Section 222(a) of the Homeland Security Act of 2002 (6 U.S.C. 142(a)) is amended-- (1) in the matter preceding paragraph (1)-- (A) by inserting ``to be the Chief Privacy and FOIA Officer of the Department,'' after ``in the Department,''; and (B) by striking ``to the Secretary, to assume'' and inserting ``to the Secretary. Such official shall have''; (2) in paragraph (5)(B), by striking ``and'' at the end; (3) by striking paragraph (6); and (4) by inserting after paragraph (5) the following: ``(6) developing guidance to assist components of the Department in developing privacy policies and practices; ``(7) establishing a mechanism to ensure such components are in compliance with Federal regulatory and statutory and Department privacy requirements, mandates, directives, and policies, including requirements under section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'); ``(8) working with components and offices of the Department to ensure that information sharing and policy development activities incorporate privacy protections; ``(9) serving as the Chief FOIA Officer of the Department for purposes of section 552(j) of title 5, United States Code (commonly known as the `Freedom of Information Act'); ``(10) preparing an annual report to Congress that includes a description of the activities of the Department that affect privacy during the fiscal year covered by the report, including complaints of privacy violations, implementation of section 552a of title 5, United States Code (commonly known as the `Privacy Act of 1974'), internal controls, and other matters; and ``(11) carrying out such other responsibilities as the Secretary determines are appropriate, consistent with this section.''. SEC. 1103. RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER. (a) In General.--Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Responsibilities.--In carrying out the responsibilities, authorities, and functions specified in section 902 of title 31, United States Code, the Chief Financial Officer shall-- ``(1) oversee Department budget formulation and execution; ``(2) lead and provide guidance on performance-based budgeting practices for the Department to ensure that the Department and its components are meeting missions and goals; ``(3) lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates; ``(4) coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is compatible with the long-term strategic plans, priorities, and policies of the Secretary; ``(5) develop financial management policy for the Department and oversee the implementation of such policy, including the establishment of effective internal controls [[Page S3779]] over financial reporting systems and processes throughout the Department; ``(6) lead financial system modernization efforts throughout the Department; ``(7) lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes; ``(8) oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the lifecycle of such programs and activities; ``(9) fully implement a common accounting structure to be used across the entire Department by fiscal year 2020; ``(10) participate in the selection, performance planning, and review of cost estimating positions with the Department; ``(11) track, approve, oversee, and make public information on expenditures by components of the Department for conferences, as appropriate, including by requiring each component to-- ``(A) report to the Inspector General of the Department the expenditures by such component for each conference hosted for which the total expenditures of the Department exceed $100,000, within 15 days after the date of the conference; and ``(B) with respect to such expenditures, provide to the Inspector General-- ``(i) the information described in subsections (a), (b), and (c) of section 739 of title VII of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2389); and ``(ii) documentation of such expenditures; and ``(12) track and make public information on expenditures by components of the Department for conferences, as appropriate, including by requiring each component to-- ``(A) report to the Inspector General of the Department the expenditures by such component for each conference hosted or attended by Department employees for which the total expenditures of the Department are more than $20,000 and less than $100,000, not later than 30 days after the date of the conference; and ``(B) with respect to such expenditures, provide to the Inspector General-- ``(i) the information described in subsections (a), (b), and (c) of section 739 of title VII of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2389); and ``(ii) documentation of such expenditures.''. (b) Rule of Construction.--Nothing in the amendment made by this section may be construed as altering or amending the responsibilities, authorities, and functions of the Chief Financial Officer of the Department of Homeland Security under section 902 of title 31, United States Code. SEC. 1104. CHIEF INFORMATION OFFICER. (a) In General.--Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended-- (1) in subsection (a)-- (A) by striking ``, or to another official of the Department, as the Secretary may direct''; and (B) by adding at the end the following: ``In addition to the functions under section 3506(a)(2) of title 44, United States Code, and section 11319 of title 40, United States Code, the Chief Information Officer shall-- ``(1) serve as the lead technical authority for information technology programs of the Department and components of the Department; and ``(2) advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, security, and operations of the information technology functions of the Department.''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: ``(b) Strategic Plans.-- ``(1) In general.--The Chief Information Officer shall, in coordination with the Chief Financial Officer, develop an information technology strategic plan every 5 years and report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the extent to which-- ``(A) the budget of the Department aligns with priorities specified in the information technology strategic plan; ``(B) the information technology strategic plan informs the budget process of the Department; ``(C) the Department has identified and addressed skills gaps needed to implement the information technology strategic plan; ``(D) unnecessary duplicative information technology within and across the components of the Department has been eliminated; ``(E) outcome-oriented goals, quantifiable performance measures, and strategies for achieving those goals and measures have succeeded; and ``(F) internal control weaknesses and how the Department will address those weaknesses. ``(2) Initial plan.--Not later than 1 year after the date of enactment of this subsection, the Chief Information Officer shall complete the first information technology strategic plan required under paragraph (1).''. (b) Software Licensing.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and each year thereafter through fiscal year 2021, the Chief Information Officer of the Department of Homeland Security shall submit the comprehensive software license policy developed to meet the requirements of section 2 of the MEGABYTE Act of 2016 (40 U.S.C. 11302 note), including any updates provided to the Director of the Office of Management and Budget, to-- (A) the Committee on Homeland Security and the Committee of Oversight and Government Reform of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Department inventory.--Beginning in fiscal year 2022, and once every 2 fiscal years thereafter, the Chief Information Officer of the Department of Homeland Security, in consultation with the component chief information officers, shall submit to the Committee on Homeland Security and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing-- (A) a department-wide inventory of all software licenses held by the Department of Homeland Security on unclassified and classified systems, including utilized and unutilized licenses; (B) an assessment of the needs of the Department of Homeland Security and the components of the Department of Homeland Security for software licenses for the subsequent 2 fiscal years; (C) an explanation as to how the use of shared cloud- computing services or other new technologies will impact the needs for software licenses for the subsequent 2 fiscal years; and (D) plans and estimated costs for eliminating unutilized software licenses for the subsequent 2 fiscal years; and (E) a plan to expedite licensing of software developed for the Department of Homeland Security to the private sector. (3) Plan to reduce software licenses.--If the Chief Information Officer of the Department of Homeland Security determines through the inventory conducted under paragraph (2) that the number of software licenses held by the Department of Homeland Security and the components of the Department of Homeland Security exceeds the needs of the Department of Homeland Security, not later than 90 days after the date on which the inventory is completed, the Secretary of Homeland Security shall establish a plan for reducing the number of such software licenses to meet needs of the Department of Homeland Security. (c) Comptroller General Review.--Not later than the end of fiscal year 2019, the Comptroller General of the United States shall review the extent to which the Chief Information Officer of the Department of Homeland Security fulfilled all requirements established in this section and the amendments made by this section. SEC. 1105. QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 706 of the Homeland Security Act of 2002, as so redesignated by section 1142 of this Act, is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting ``, including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31'' and inserting ``September 30''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; [[Page S3780]] (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: ``(3) Documentation.--The Secretary shall retain, from each quadrennial homeland security review, all information regarding the risk assessment, as required under subsection (c)(2)(B), including-- ``(A) the risk model utilized to generate the risk assessment; ``(B) information, including data used in the risk model, utilized to generate the risk assessment; and ``(C) sources of information, including other risk assessments, utilized to generate the risk assessment.''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following: ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this section shall apply with respect to a quadrennial homeland security review conducted under section 706 of the Homeland Security Act of 2002, as so redesignated, after December 31, 2017. SEC. 1106. OFFICE OF STRATEGY, POLICY, AND PLANS. (a) Abolishment of Office of International Affairs.-- (1) In general.--The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished. (2) Transfer of assets and personnel.--The functions authorized to be performed by the office described in paragraph (1) as of the day before the date of enactment of this Act, and the assets and personnel associated with such functions, are transferred to the Under Secretary for Strategy, Policy, and Plans of the Department of Homeland Security under section 708 of the Homeland Security Act of 2002, as so redesignated by section 1142 of this Act. (3) Conforming amendments.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (A) in section 317(b) (6 U.S.C. 195c(b))-- (i) in paragraph (2)(A), by striking ``, in consultation with the Assistant Secretary for International Affairs,''; and (ii) in paragraph (4), by striking ``the Office of International Affairs and''; and (B) by striking section 879 (6 U.S.C. 459). (4) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 879. (b) Homeland Security Advisory Council.--Section 102(b) of the Homeland Security Act of 2002 (6 U.S.C. 112(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland security- related matters, including advice with respect to the preparation of the quadrennial homeland security review under section 706.''. (c) Office of Legislative Affairs.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended by adding at the end the following: ``(h) Office of Legislative Affairs.-- ``(1) In general.--Notwithstanding any other provision of law, any report that the Department or a component of the Department is required to submit to the Committee on Appropriations of the Senate or the Committee on Appropriations of the House of Representatives under any provision of law shall be submitted concurrently to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. ``(2) Applicability.--Paragraph (1) shall apply with respect to any report described in paragraph (1) that is submitted on or after the date of enactment of the DHS Authorization Act. ``(3) Notice.--The Secretary shall notify, in writing, the chairmen and ranking members of the authorizing and appropriating committees of jurisdiction regarding policy memoranda, management directives, and reprogramming notifications issued by the Department.''. (d) Office of Private Sector.-- (1) In general.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), as amended, is amended by adding at the end the following: ``(i) Office of Private Sector.--The Assistant Secretary for Private Sector shall be responsible for-- ``(1) creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland; ``(2) advising the Secretary on the impact of the Department's policies, regulations, processes, and actions on the private sector; ``(3) interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies' actions on the private sector; ``(4) creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to-- ``(A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges; and ``(B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; ``(5) working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions; ``(6) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; and ``(7) assisting in the development and promotion of private sector best practices to secure critical infrastructure.''. (2) Conforming amendment.--Section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is amended-- (A) by striking paragraphs (1) through (7); and (B) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (1), (2), (3), and (4), respectively. (e) Definitions.--In this section each of the terms ``assets'', ``functions'', and ``personnel'' have the meanings given those terms under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (f) Duplication Review.-- (1) Review required.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall complete a review of the functions and responsibilities of each Department of Homeland Security component responsible for international affairs to identify and eliminate areas of unnecessary duplication. (2) Submission to congress.--Not later than 30 days after the completion of the review required under paragraph (1), the Secretary of Homeland Security shall provide the results of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Action plan.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the congressional homeland security committees, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101, as amended by this Act, an action plan, including corrective steps and an estimated date of completion, to address areas of duplication, fragmentation, and overlap and opportunities for cost savings and revenue enhancement, as identified by the Government Accountability Office based on the annual report of the Government Accountability Office entitled ``Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits''. SEC. 1107. CHIEF PROCUREMENT OFFICER. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 1142, is amended by adding at the end the following: ``SEC. 709. CHIEF PROCUREMENT OFFICER. ``(a) In General.--There is in the Department a Chief Procurement Officer, who shall serve as a senior business advisor to agency officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer is the senior procurement executive for purposes of subsection (c) of section 1702 of title 41, United States Code, and shall perform procurement functions as specified in such subsection. ``(b) Responsibilities.--The Chief Procurement Officer shall-- ``(1) delegate or retain contracting authority, as appropriate; ``(2) issue procurement policies and oversee the heads of contracting activity of the Department to ensure compliance with those policies; ``(3) serve as the main liaison of the Department to industry on procurement-related issues; [[Page S3781]] ``(4) account for the integrity, performance, and oversight of Department procurement and contracting functions; ``(5) ensure that procurement contracting strategies and plans are consistent with the intent and direction of the Acquisition Review Board; ``(6) oversee a centralized acquisition workforce certification and training program using, as appropriate, existing best practices and acquisition training opportunities from the Federal Government, private sector, or universities and colleges to include training on how best to identify actions that warrant referrals for suspension or debarment; ``(7) approve the selection and organizational placement of each head of contracting activity within the Department and participate in the periodic performance reviews of each head of contracting activity of the Department; ``(8) ensure that a fair proportion of the value of Federal contracts and subcontracts are awarded to small business concerns, as defined under section 3 of the Small Business Act (15 U.S.C. 632), (in accordance with the procurement contract goals under section 15(g) of the Small Business Act (15 U.S.C. 644(g)), maximize opportunities for small business participation in such contracts, and ensure, to the extent practicable, small business concerns that achieve qualified vendor status for security-related technologies are provided an opportunity to compete for contracts for such technology; and ``(9) carry out any other procurement duties that the Under Secretary for Management may designate. ``(c) Head of Contracting Activity Defined.--In this section the term `head of contracting activity' means an official who is delegated, by the Chief Procurement Officer and Senior Procurement Executive, the responsibility for the creation, management, and oversight of a team of procurement professionals properly trained, certified, and warranted to accomplish the acquisition of products and services on behalf of the designated components, offices, and organizations of the Department, and as authorized, other government entities.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1142, is amended by inserting after the item relating to section 708 the following: ``Sec. 709. Chief Procurement Officer.''. SEC. 1108. CHIEF SECURITY OFFICER. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 1107, is amended by adding at the end the following: ``SEC. 710. CHIEF SECURITY OFFICER. ``(a) In General.--There is in the Department a Chief Security Officer, who shall report directly to the Under Secretary for Management. ``(b) Responsibilities.--The Chief Security Officer shall-- ``(1) develop, implement, and oversee compliance with the security policies, programs, and standards of the Department; ``(2) participate in-- ``(A) the selection and organizational placement of each senior security official of a component, and the deputy for each such official, and any other senior executives responsible for security-related matters; and ``(B) the periodic performance planning and reviews; ``(3) identify training requirements, standards, and oversight of education to Department personnel on security- related matters; ``(4) develop security programmatic guidelines; ``(5) review contracts and interagency agreements associated with major security investments within the Department; and ``(6) provide support to Department components on security- related matters.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended, as amended by section 1107, by inserting after the item relating to section 709 the following: ``Sec. 710. Chief Security Officer.''. SEC. 1109. OFFICE OF INSPECTOR GENERAL. (a) Notification.--The heads of offices and components of the Department of Homeland Security shall promptly advise the Inspector General of the Department of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978 (5 U.S.C. App.). (b) Waiver.--The Inspector General may waive the notification requirement under this section with respect to any category or subset of allegations of misconduct. (c) Rule of Construction.--Nothing in this section may be construed as affecting the authority of the Secretary of Homeland Security under the Inspector General Act of 1978 (5 U.S.C. App.). SEC. 1110. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES. (a) In General.--Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended-- (1) in the section heading, by striking ``establishment of officer for''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``Officer for Civil Rights and Civil Liberties'' and inserting ``Chief Civil Rights and Civil Liberties Officer''; and (B) in paragraph (2), by inserting ``Chief'' before ``Officer''; (3) by redesignating subsection (b) as subsection (d); and (4) by inserting after subsection (a) the following: ``(b) Office for Civil Rights and Civil Liberties.--There is in the Department an Office for Civil Rights and Civil Liberties. Under the direction of the Chief Civil Rights and Civil Liberties Officer, the Office shall support the Chief Civil Rights and Civil Liberties Officer in the following: ``(1) Integrating civil rights and civil liberties into activities of the Department by conducting programs and providing policy advice and other technical assistance. ``(2) Investigating complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General. ``(3) Directing the Department's equal employment opportunity and diversity policies and programs, including complaint management and adjudication. ``(4) Communicating with individuals and communities whose civil rights and civil liberties may be affected by Department activities. ``(5) Any other activities as assigned by the Chief Civil Rights and Civil Liberties Officer. ``(c) Component Civil Rights and Civil Liberties Officers.-- ``(1) In general.--In consultation with the Chief Civil Rights and Civil Liberties Officer, the head of each component of the Department shall appoint a senior-level Federal employee with experience and background in civil rights and civil liberties as the Civil Rights and Civil Liberties Officer for the component. ``(2) Responsibilities.--Each Civil Rights and Civil Liberties Officer appointed under paragraph (1) shall-- ``(A) serve as the main point of contact for the Chief Civil Rights and Civil Liberties Officer; and ``(B) coordinate with the Chief Civil Rights and Civil Liberties Officer to oversee the integration of civil rights and civil liberties into the activities of the component.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by striking the item relating to section 705 and inserting the following: ``Sec. 705. Civil Rights and Civil Liberties.''. SEC. 1111. SCIENCE AND TECHNOLOGY. (a) Responsibilities of the Under Secretary for Science and Technology.-- (1) Directorate for science and technology.--Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is amended-- (A) in the matter preceding paragraph (1), by striking ``The Secretary, acting through the Under'' and inserting ``The Under''; and (B) in paragraph (4), by striking ``and evaluation'' and inserting ``evaluation, and standards coordination and development''. (2) Technical and conforming amendment.--Section 315(a)(2)(A) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by striking ``Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency'' and inserting ``Directorate of Science and Technology and the Chief Scientist''. (b) Office of the Chief Scientist.-- (1) In general.--Section 307 of the Homeland Security Act of 2002 (6 U.S.C. 187) is amended-- (A) in the section heading, by striking ``homeland security advanced research projects agency'' and inserting ``office of the chief scientist''; (B) in subsection (a)-- (i) by striking paragraphs (1) and (3); and (ii) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively; and (C) by striking subsections (b) and (c) and inserting the following: ``(b) Office of the Chief Scientist.-- ``(1) Establishment.--There is established the Office of the Chief Scientist. ``(2) Chief scientist.--The Office of the Chief Scientist shall be headed by a Chief Scientist, who shall be appointed by the Secretary. ``(3) Qualifications.--The Chief Scientist shall-- ``(A) be appointed from among distinguished scientists with specialized training or significant experience in a field related to counterterrorism, traditional homeland security missions, or national defense; and ``(B) have earned an advanced degree at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). ``(4) Responsibilities.--The Chief Scientist shall oversee all research and development to-- ``(A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security; ``(B) advance the development, testing and evaluation, standards coordination and development, and deployment of critical homeland security technologies; ``(C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; ``(D) promote the award of competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including business, federally funded research and development centers, and universities; and [[Page S3782]] ``(E) oversee research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics. ``(5) Coordination.--The Chief Scientist shall ensure that the activities of the Directorate for Testing and Evaluation of Science and Technology are coordinated with those of other relevant research agencies, and may oversee projects jointly with other agencies. ``(6) Personnel.--In hiring personnel for the Science and Technology Directorate, the Secretary shall have the hiring and management authorities described in section 1599h of title 10, United States Code. The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before the granting of any extension under subsection (c)(2) of that section. ``(7) Demonstrations.--The Chief Scientist, periodically, shall hold homeland security technology demonstrations, pilots, field assessments, and workshops to improve contact among technology developers, vendors, component personnel, State, local, and tribal first responders, and acquisition personnel.''. (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 307 and inserting the following: ``Sec. 307. Office of the Chief Scientist.''. SEC. 1112. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM. (a) Enhancements to the Rotation Program.--Section 844 of the Homeland Security Act of 2002 (6 U.S.C. 414) is amended-- (1) by striking ``(a) Establishment.--''; (2) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively, and adjusting the margins and the heading typeface accordingly; (3) in subsection (a), as so redesignated-- (A) by striking ``Not later than 180 days after the date of enactment of this section, the'' and inserting ``The''; and (B) by striking ``for employees of the Department'' and inserting ``for certain personnel within the Department''; (4) in subsection (b), as so redesignated-- (A) by redesignating subparagraphs (A) through (G) as paragraphs (3) through (9), respectively, and adjusting the margins accordingly; (B) by inserting before paragraph (3), as so redesignated, the following: ``(1) seek to foster greater departmental integration and unity of effort; ``(2) seek to help enhance the knowledge, skills, and abilities of participating personnel with respect to the programs, policies, and activities of the Department;''; (C) in paragraph (4), as so redesignated, by striking ``middle and senior level''; and (D) in paragraph (7), as so redesignated, by inserting before ``invigorate'' the following: ``seek to improve morale and retention throughout the Department and''; (5) in subsection (c), as redesignated by paragraph (2)-- (A) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (B) in paragraph (2), as so redesignated-- (i) by striking clause (iii); and (ii) by redesignating clauses (i), (ii), and (iv) through (viii) as subparagraphs (A) through (G), respectively, and adjusting the margins accordingly; (6) by redesignating subsections (d) and (e), as redesignated by paragraph (2), as subsections (e) and (f), respectively; (7) by inserting after subsection (c) the following new subsection: ``(d) Administrative Matters.--In carrying out the Rotation Program the Secretary shall-- ``(1) before selecting employees for participation in the Rotation Program, disseminate information broadly within the Department about the availability of the Rotation Program, qualifications for participation in the Rotation Program, including full-time employment within the employing component or office not less than 1 year, and the general provisions of the Rotation Program; ``(2) require as a condition of participation in the Rotation Program that an employee-- ``(A) is nominated by the head of the component or office employing the employee; and ``(B) is selected by the Secretary, or the Secretary's designee, solely on the basis of relative ability, knowledge, and skills, after fair and open competition that assures that all candidates receive equal opportunity; ``(3) ensure that each employee participating in the Rotation Program shall be entitled to return, within a reasonable period of time after the end of the period of participation, to the position held by the employee, or a corresponding or higher position, in the component or office that employed the employee prior to the participation of the employee in the Rotation Program; ``(4) require that the rights that would be available to the employee if the employee were detailed from the employing component or office to another Federal agency or office remain available to the employee during the employee participation in the Rotation Program; and ``(5) require that, during the period of participation by an employee in the Rotation Program, performance evaluations for the employee-- ``(A) shall be conducted by officials in the office or component employing the employee with input from the supervisors of the employee at the component or office in which the employee is placed during that period; and ``(B) shall be provided the same weight with respect to promotions and other rewards as performance evaluations for service in the office or component employing the employee.''; and (8) by adding at the end the following: ``(g) Intelligence Rotational Assignment Program.-- ``(1) Establishment.--The Secretary shall establish an Intelligence Rotational Assignment Program as part of the Rotation Program under subsection (a). ``(2) Administration.--The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program established pursuant to paragraph (1). ``(3) Eligibility.--The Intelligence Rotational Assignment Program established pursuant to paragraph (1) shall be open to employees serving in existing analyst positions within the Department's intelligence enterprise and other Department employees as determined appropriate by the Chief Human Capital Officer and the Chief Intelligence Officer. ``(4) Coordination.--The responsibilities specified in subsection (c)(2) that apply to the Rotation Program under such subsection shall, as applicable, also apply to the Intelligence Rotational Assignment Program under this subsection. ``(h) Evaluation.--The Chief Human Capital Officer, acting through the Under Secretary for Management, shall-- ``(1) perform regular evaluations of the Homeland Security Rotation Program; and ``(2) not later than 90 days after the end of each fiscal year, submit to the Secretary a report detailing the findings of the evaluations under paragraph (1) during that fiscal year, which shall include-- ``(A) an analysis of the extent to which the program meets the goals under subsection (b); ``(B) feedback from participants in the program, including the extent to which rotations have enhanced their performance in their current role and opportunities to improve the program; ``(C) aggregated information about program participants; and ``(D) a discussion of how rotations can be aligned with the needs of the Department with respect to employee training and mission needs.''. (b) Congressional Notification and Oversight.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate information about the status of the Homeland Security Rotation Program authorized by section 844 of the Homeland Security Act of 2002, as amended by subsection (a) of this section. SEC. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM. (a) In General.--Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454) is amended-- (1) in the section heading, by striking ``year'' and inserting ``years''; (2) by striking subsection (a) and inserting the following: ``(a) In General.--Not later than 60 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives (referred to in this section as the `appropriate committees') a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the 4 succeeding fiscal years.''; and (3) by striking subsection (c) and inserting the following new subsections: ``(c) Projection of Acquisition Estimates.--On and after February 1, 2019, each Future Years Homeland Security Program shall project-- ``(1) acquisition estimates for the fiscal year for which the budget is submitted and the 4 succeeding fiscal years, with specified estimates for each fiscal year, for all major acquisitions by the Department and each component of the Department; and ``(2) estimated annual deployment schedules for all physical asset major acquisitions over the 5-fiscal-year period described in paragraph (1), estimated costs and number of service contracts, and the full operating capability for all information technology major acquisitions. ``(d) Sensitive and Classified Information.--The Secretary may include with each Future Years Homeland Security Program a classified or other appropriately controlled document containing information required to be submitted under this section that is restricted from public disclosure in accordance with Federal law or Executive order. ``(e) Availability of Information to the Public.--The Secretary shall make available to the public in electronic form the information required to be submitted to the appropriate committees under this section, other than information described in subsection (d).''. [[Page S3783]] (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 874 and inserting the following: ``Sec. 874. Future Years Homeland Security Program.''. SEC. 1114. FIELD EFFICIENCIES PLAN. (a) In General.--Not later than 270 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate a field efficiencies plan that-- (1) examines the facilities and administrative and logistics functions of components of the Department of Homeland Security located within designated geographic areas; and (2) provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of components of the Department of Homeland Security within each designated geographic area. (b) Contents.--The field efficiencies plan submitted under subsection (a) shall include the following: (1) An accounting of leases held by the Department of Homeland Security or the components of the Department of Homeland Security that have expired in the current fiscal year or will be expiring in the next fiscal year, that have begun or been renewed in the current fiscal year, or that the Department of Homeland Security or the components of the Department of Homeland Security plan to sign or renew in the next fiscal year. (2) For each designated geographic area: (A) An evaluation of specific facilities at which components, or operational entities of components, of the Department of Homeland Security may be closed or consolidated, including consideration of when leases expire or facilities owned by the Government become available. (B) An evaluation of potential consolidation with facilities of other Federal, State, or local entities, including-- (i) offices; (ii) warehouses; (iii) training centers; (iv) housing; (v) ports, shore facilities, and airfields; (vi) laboratories; (vii) continuity of government facilities; and (viii) other assets as determined by the Secretary. (C) An evaluation of the potential for the consolidation of administrative and logistics functions, including-- (i) facility maintenance; (ii) fleet vehicle services; (iii) mail handling and shipping and receiving; (iv) facility security; (v) procurement of goods and services; (vi) information technology and telecommunications services and support; and (vii) additional ways to improve unity of effort and cost savings for field operations and related support activities as determined by the Secretary. (3) An implementation plan, including-- (A) near-term actions that can co-locate, consolidate, or dispose of property within 24 months; (B) identifying long-term occupancy agreements or leases that cannot be changed without a significant cost to the Government; and (C) how the Department of Homeland Security can ensure it has the capacity, in both personnel and funds, needed to cover up-front costs to achieve consolidation and efficiencies. (4) An accounting of any consolidation of the real estate footprint of the Department or any component of the Department, including the co-location of personnel from different components, offices, and agencies within the Department. SEC. 1115. MANAGEMENT. (a) Submission to Congress of Information Regarding Reprogramming or Transfer of Department of Homeland Security Resources to Respond to Operational Surges.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 1108, is amended by adding at the end the following: ``SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND TO OPERATIONAL SURGES. ``For each fiscal year until fiscal year 2023, the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, together with the annual budget request for the Department, information on-- ``(1) any circumstance during the fiscal year covered by the report in which the Secretary exercised the authority to reprogram or transfer funds to address unforeseen costs, including costs associated with operational surges; and ``(2) any circumstance in which any limitation on the transfer or reprogramming of funds affected the ability of the Secretary to address such unforeseen costs.''. (b) Long Term Real Property Strategies.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by subsection (a), is amended by adding at the end the following: ``SEC. 712. CHIEF FACILITIES AND LOGISTICS OFFICER. ``(a) In General.--There is a Chief Facilities and Logistics Officer of the Department who shall report directly to the Under Secretary for Management. The Chief Facilities and Logistics Officer shall be career reserved for a member of the senior executive service. ``(b) Responsibilities.--The Chief Facilities and Logistics Officer shall-- ``(1) develop policies and procedures and provide program oversight to manage real property, facilities, environmental and energy programs, personal property, mobile assets, equipment, and other material resources of the Department; ``(2) manage and execute, in consultation with the component heads, mission support services within the National Capital Region for real property, facilities, environmental and energy programs, and other common headquarters and field activities for the Department; and ``(3) provide tactical and transactional services for the Department in the National Capital Region, including transportation, facility operations, and maintenance. ``SEC. 713. LONG TERM REAL PROPERTY STRATEGIES. ``(a) In General.-- ``(1) First strategy.--Not later than 180 days after the date of enactment of this section, the Under Secretary for Management, in consultation with the Administrator of General Services, shall develop an initial 5-year regional real property strategy for the Department that covers the 5- fiscal-year period immediately following such date of enactment. Such strategy shall be geographically organized, as designated by the Under Secretary for Management. ``(2) Second strategy.--Not later than the first day of the fourth fiscal year covered by the first strategy under paragraph (1), the Under Secretary for Management, in consultation with the Administrator of General Services, shall develop a second 5-year real property strategy for the Department that covers the 5 fiscal years immediately following the conclusion of the first strategy. ``(b) Requirements.-- ``(1) Initial strategy.--The initial 5-year strategy developed in accordance with subsection (a)(1) shall-- ``(A) identify opportunities to consolidate real property, optimize the usage of Federal assets, and decrease the number of commercial leases and square footage within the Department's real property portfolio; ``(B) provide alternate housing and consolidation plans to increase efficiency through joint use of Department spaces while decreasing the cost of leased space; ``(C) concentrate on geographical areas with a significant Department presence, as identified by the Under Secretary for Management; ``(D) examine the establishment of central Department locations in each such geographical region and the co- location of Department components based on the mission sets and responsibilities of such components; ``(E) identify opportunities to reduce overhead costs through co-location or consolidation of real property interests or mission support activities, such as shared mail screening and processing, centralized transportation and shuttle services, regional transit benefit programs, common contracting for custodial and other services, and leveraging strategic sourcing contracts and sharing of specialized facilities, such as training facilities and resources; ``(F) manage the current Department Workspace Standard for Office Space in accordance with the Department office workspace design process to develop the most efficient and effective spaces within the workspace standard usable square foot ranges for all leased for office space entered into on or after the date of the enactment of this section, including the renewal of any leases for office space existing as of such date; ``(G) define, based on square footage, what constitutes a major real property acquisition; ``(H) prioritize actions to be taken to improve the operations and management of the Department's real property inventory, based on life-cycle cost estimations, in consultation with component heads; ``(I) include information on the headquarters consolidation project of the Department, including-- ``(i) an updated list of the components and offices to be included in the project; ``(ii) a comprehensive assessment of the current and future real property required by the Department at the site; and ``(iii) updated cost and schedule estimates; and ``(J) include any additional information determined appropriate or relevant by the Under Secretary for Management. ``(2) Second strategy.--The second 5-year strategy developed in accordance with subsection (a)(2) shall include information required in subparagraphs (A), (B), (C), (E), (F), (G), (H), (I), and (J) of paragraph (1) and information on the effectiveness of implementation efforts pursuant to the Department-wide policy required in accordance with subsection (c), including-- ``(A) the impact of such implementation on departmental operations and costs; and ``(B) the degree to which the Department established central Department locations and co-located Department components pursuant to the results of the examination required by paragraph (1)(D). [[Page S3784]] ``(c) Implementation Policies.--Not later than 90 days after the development of each of the regional real property strategies developed in accordance with subsection (a), the Under Secretary for Management shall develop or update, as applicable, a Department-wide policy implementing such strategies. ``(d) Certifications.--Subject to subsection (g)(3), the implementation policies developed pursuant to subsection (c) shall require component heads to certify to the Under Secretary for Management that such heads have complied with the requirements specified in subsection (b) before making any major real property decision or recommendation, as defined by the Under Secretary, including matters related to new leased space, renewing any existing leases, or agreeing to extend or newly occupy any Federal space or new construction, in accordance with the applicable regional real property strategy developed in accordance with subsection (a). ``(e) Underutilized Space.-- ``(1) In general.--The implementation policies developed pursuant to subsection (c) shall require component heads, acting through regional property managers under subsection (f), to annually report to the Under Secretary for Management on underutilized space and identify space that may be made available for use, as applicable, by other components or Federal agencies. ``(2) Exception.--The Under Secretary for Management may grant an exception to the workspace standard usable square foot ranges described in subsection (b)(1)(F) for specific office locations at which a reduction or elimination of otherwise underutilized space would negatively impact a component's ability to execute its mission based on readiness performance measures or would increase the cost of such space. ``(3) Underutilized space defined.--In this subsection, the term `underutilized space' means any space with respect to which utilization is greater than the workplace standard usable square foot ranges described in subsection (b)(1)(F). ``(f) Component Responsibilities.-- ``(1) Regional property managers.--Each component head shall identify a senior career employee of each such component for each geographic region included in the regional real property strategies developed in accordance with subsection (a) to serve as each such component's regional property manager. Each such regional property manager shall serve as a single point of contact for Department headquarters and other Department components for all real property matters relating to each such component within the region in which each such component is located, and provide data and any other support necessary for the Department of Homeland Security Regional Mission Support Coordinator strategic asset and portfolio planning and execution. ``(2) Data.--Regional property managers under paragraph (1) shall provide annually to the Under Secretary for Management, via a standardized and centralized system, data on each component's real property holdings, as specified by the Undersecretary for Management, including relating to underutilized space under subsection (e) (as such term is defined in such subsection), total square footage leased, annual cost, and total number of staff, for each geographic region included in the regional real property strategies developed in accordance with subsection (a). ``(g) Ongoing Oversight.-- ``(1) In general.--The Under Secretary for Management shall monitor components' adherence to the regional real property strategies developed in accordance with subsection (a) and the implementation policies developed pursuant to subsection (c). ``(2) Annual review.--The Under Secretary for Management shall annually review the data submitted pursuant to subsection (f)(2) to ensure all underutilized space (as such term is defined in subsection (e)) is properly identified. ``(3) Certification review.--The Under Secretary for Management shall review, and if appropriate, approve, component certifications under subsection (d) before such components may make any major real property decision, including matters related to new leased space, renewing any existing leases, or agreeing to extend or newly occupy any Federal space or new construction, in accordance with the applicable regional real property strategy developed in accordance with subsection (a). ``(4) Congressional reporting.--The Under Secretary for Management shall annually provide information to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Inspector General of the Department on the real property portfolio of the Department, including information relating to the following: ``(A) A summary of the Department's real property holdings in each region described in the regional strategies developed in accordance with subsection (a), and for each such property, information including the total square footage leased, the total cost, the total number of staff at each such property, and the square foot per person utilization rate for office space (and whether or not it conforms with the workspace standard usable square foot ranges established described in subsection (b)(1)(F)). ``(B) An accounting of all underutilized space (as such term is defined in subsection (e)). ``(C) An accounting of all instances in which the Department or its components consolidated their real property holdings or co-located with another entity within the Department. ``(D) A list of all certifications provided pursuant to subsection (d) and all such certifications approved pursuant to paragraph (3) of this subsection. ``(5) Inspector general review.--Not later than 120 days after the last day of the fifth fiscal year covered in each of the initial and second regional real property strategies developed in accordance with subsection (a), the Inspector General of the Department shall review the information submitted pursuant to paragraph (4) and issue findings regarding the effectiveness of the implementation of the Department-wide policy and oversight efforts of the management of real property facilities, personal property, mobile assets, equipment and the Department's other material resources as required under this section.''. (c) Reporting.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate copies of the regional strategies developed in accordance with section 713(a) of the Homeland Security Act of 2002, as added by this Act, not later than 90 days after the date of the development of each such strategy. (d) Rules of Construction.--Nothing in this Act or an amendment made by this Act shall be construed to effect, modify, or supersede-- (1) the responsibility of agencies for management of their real property holdings pursuant to title 40 of the United States Code; or (2) the reporting requirements included in the Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Public Law 114-150; 130 Stat. 366). (e) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1108, is amended by inserting after the item relating to section 710 the following: ``Sec. 711. Annual submittal to Congress of information on reprogramming or transfers of funds to respond to operational surges. ``Sec. 712. Chief Facilities and Logistics Officer. ``Sec. 713. Long term real property strategies.''. SEC. 1116. REPORT TO CONGRESS ON COST SAVINGS AND EFFICIENCY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the congressional homeland security committees (as defined in section 2 of the Homeland Security Act of 2002, as amended by this Act) a report that includes each of the following: (1) A detailed accounting of the management and administrative expenditures and activities of each component of the Department of Homeland Security and identifies potential cost savings, avoidances, and efficiencies for those expenditures and activities. (2) An examination of major physical assets of the Department of Homeland Security, as defined by the Secretary of Homeland Security. (3) A review of the size, experience level, and geographic distribution of the operational personnel of the Department of Homeland Security. (4) Recommendations for adjustments in the management and administration of the Department of Homeland Security that would reduce deficiencies in the capabilities of the Department of Homeland Security, reduce costs, and enhance efficiencies. (b) Form of Report.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 1117. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is amended-- (1) in the title heading, by striking ``DOMESTIC NUCLEAR DETECTION OFFICE'' and inserting ``COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE''; (2) by striking section 1901 and inserting the following: ``SEC. 1900. DEFINITIONS. ``In this title: ``(1) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary for the Countering Weapons of Mass Destruction Office. ``(2) Office.--The term `Office' means the Countering Weapons of Mass Destruction Office established under section 1901(a). ``(3) Weapon of mass destruction.--The term `weapon of mass destruction' has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``Subtitle A--Countering Weapons of Mass Destruction Office''; ``SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE. ``(a) Establishment.--There is established in the Department a Countering Weapons of Mass Destruction Office. [[Page S3785]] ``(b) Assistant Secretary.--The Office shall be headed by an Assistant Secretary for the Countering Weapons of Mass Destruction Office, who shall be appointed by the President. ``(c) Responsibilities.--The Assistant Secretary shall serve as the Secretary's principal advisor on-- ``(1) weapons of mass destruction matters and strategies; and ``(2) coordinating the efforts to counter weapons of mass destruction.''; (3) by adding at the end the following: ``Subtitle B--Mission of the Office ``SEC. 1921. MISSION OF THE OFFICE. ``The Office shall be responsible for coordinating with other Federal efforts and developing departmental strategy and policy to plan, detect, or protect against the importation, possession, storage, transportation, development, or use of unauthorized chemical, biological, radiological, or nuclear materials, devices, or agents, in the United States and to protect against an attack using such materials, devices, or agents against the people, territory, or interests of the United States. ``SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL AGENCIES. ``(a) In General.--The authority of the Assistant Secretary under this title shall neither affect nor diminish the authority or the responsibility of any officer of the Department or of any officer of any other department or agency of the United States with respect to the command, control, or direction of the functions, personnel, funds, assets, and liabilities of any entity within the Department or any Federal department or agency. ``(b) Federal Emergency Management Agency.--Nothing in this title or any other provision of law may be construed to affect or reduce the responsibilities of the Federal Emergency Management Agency or the Administrator of the Agency, including the diversion of any asset, function, or mission of the Agency or the Administrator of the Agency.''; (4) by striking section 1905; (5) by redesignating sections 1902, 1903, 1904, 1906, and 1907 as sections 1923, 1924, 1925, 1926, and 1927, respectively, and transferring such sections to appear after section 1922, as added by paragraph (3); (6) in section 1923, as so redesignated-- (A) in the section heading by striking ``mission of office'' and inserting ``responsibilities''; and (B) in subsection (a)(11), by striking ``Domestic Nuclear Detection Office'' and inserting ``Countering Weapons of Mass Destruction Office''; (7) in section 1925(a), as so redesignated, by striking ``section 1902'' and inserting ``section 1923''; (8) in section 1926, as so redesignated-- (A) by striking ``section 1902(a)'' each place it appears and inserting ``section 1923(a)''; and (B) in the matter preceding paragraph (1), by striking ``Director for Domestic Nuclear Detection'' and inserting ``Assistant Secretary for the Countering Weapons of Mass Destruction Office''; and (9) in section 1927, as so redesignated-- (A) in subsection (a)(1)(C), in the matter preceding clause (i), by striking ``Director of the Domestic Nuclear Detection Office'' and inserting ``Assistant Secretary for the Countering Weapons of Mass Destruction Office''; and (B) in subsection (c), by striking ``section 1902'' and inserting ``section 1923''. (b) References and Construction.-- (1) In general.--Any reference in law, regulation, document, paper, or other record of the United States to-- (A) the Domestic Nuclear Detection Office shall be deemed to be a reference to the Countering Weapons of Mass Destruction Office; and (B) the Director for Domestic Nuclear Detection shall be deemed to be a reference to the Assistant Secretary for the Countering Weapons of Mass Destruction Office. (2) Construction.--Sections 1923 through 1927 of the Homeland Security Act of 2002, as so redesignated by subsection (a), shall be construed to cover the chemical and biological responsibilities of the Assistant Secretary for the Countering Weapons of Mass Destruction Office. (3) Authority.--The authority of the Director of the Domestic Nuclear Detection Office to make grants is transferred to the Assistant Secretary for the Countering Weapons of Mass Destruction, and such authority shall be construed to include grants for all purposes of title XIX of the Homeland Security Act of 2002, as amended by this Act. (c) Chief Medical Officer.-- (1) Repeal.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by striking section 516. (2) Amendment.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.), as amended by subsection (a), is amended by adding at the end the following: ``Subtitle C--Chief Medical Officer ``SEC. 1931. CHIEF MEDICAL OFFICER. ``(a) In General.--There is in the Department a Chief Medical Officer, who shall be appointed by the Secretary. The Chief Medical Officer shall report to the Assistant Secretary. ``(b) Qualifications.--The individual appointed as Chief Medical Officer shall be a licensed physician possessing a demonstrated ability in and knowledge of medicine and public health. ``(c) Responsibilities.--The Chief Medical Officer shall have the responsibility within the Department for medical issues related to natural disasters, acts of terrorism, and other man-made disasters including-- ``(1) serving as the principal advisor to the Secretary, the Assistant Secretary, and other Department officials on medical and public health issues; ``(2) providing operational medical support to all components of the Department; ``(3) as appropriate provide medical liaisons to the components of the Department, on a reimbursable basis, to provide subject matter expertise on operational medical issues; ``(4) coordinating with State, local, and tribal governments, the medical community, and others within and outside the Department, including the Department of Health and Human Services Centers for Disease Control, with respect to medical and public health matters; and ``(5) performing such other duties relating to such responsibilities as the Secretary may require.''. (3) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 516. (d) Workforce Health and Medical Support.-- (1) In general.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 1115, is amended by adding at the end the following: ``SEC. 714. WORKFORCE HEALTH AND MEDICAL SUPPORT. ``(a) In General.--The Under Secretary for Management shall be responsible for workforce-focused health and medical activities of the Department. The Under Secretary for Management may further delegate these responsibilities as appropriate. ``(b) Responsibilities.--The Under Secretary for Management, in coordination with the Chief Medical Officer, shall-- ``(1) provide oversight and coordinate the medical and health activities of the Department for the human and animal personnel of the Department; ``(2) establish medical, health, veterinary, and occupational health exposure policy, guidance, strategies, and initiatives for the human and animal personnel of the Department; ``(3) as deemed appropriate by the Under Secretary, provide medical liaisons to the components of the Department, on a reimbursable basis, to provide subject matter expertise on occupational medical and public health issues; ``(4) serve as the primary representative for the Department on agreements regarding the detail of Department of Health and Human Services Public Health Service Commissioned Corps Officers to the Department, except that components and offices of the Department shall retain authority for funding, determination of specific duties, and supervision of Commissioned Corps officers detailed to a Department component; and ``(5) perform such other duties relating to such responsibilities as the Secretary may require.''. (e) Transfers; Abolishment.-- (1) Transfers.--The Secretary of Homeland Security shall transfer-- (A) to the Countering Weapons of Mass Destruction Office all functions, personnel, budget authority, and assets of-- (i) the Domestic Nuclear Detection Office, as in existence on the day before the date of enactment of this Act; and (ii) the Office of Health Affairs, as in existence on the day before the date of enactment of this Act, other than the functions, personnel, budget authority, and assets of such office necessary to perform the functions of section 714 of the Homeland Security Act of 2002, as added by this Act; and (B) to the Directorate of Management all functions, personnel, budget authority, and assets of the Office of Health Affairs, as in existence on the day before the date of enactment of this Act, that are necessary to perform the functions of section 714 of the Homeland Security Act of 2002, as added by this Act. (2) Abolishment.--Upon completion of all transfers pursuant to paragraph (1)-- (A) the Domestic Nuclear Detection Office of the Department of Homeland Security and the Office of Health Affairs of the Department of Homeland Security are abolished; (B) the positions of Assistant Secretary for Health Affairs and Director for Domestic Nuclear Detection are abolished. (f) Conforming Amendments.-- (1) Other officers.--Section 103(d) of the Homeland Security Act of 2002 (6 U.S.C. 113(d)) is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). (2) National biosurveillance integration center.--Section 316(a) of the Homeland Security Act of 2002 (6 U.S.C. 195b(a)) is amended by striking ``Secretary shall'' and inserting ``Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall''. (3) International cooperation.--Section 317(f) of the Homeland Security Act of 2002 (6 U.S.C. 195c(f)) is amended by striking ``the Chief Medical Officer,'' and inserting ``the Assistant Secretary for the Countering Weapons of Mass Destruction Office,''. [[Page S3786]] (4) Functions transferred.--Section 505(b) of the Homeland Security Act of 2002 (6 U.S.C. 315(b)) is amended-- (A) by striking paragraph (4); (B) by redesignating paragraph (5) as paragraph (4); and (C) in paragraph (4), as so redesignated, by striking ``through (4)'' and inserting ``through (3)''. (5) Coordination of department of homeland security efforts related to food, agriculture, and veterinary defense against terrorism.--Section 528(a) of the Homeland Security Act of 2002 (6 U.S.C. 321q(a)) is amended by striking ``Health Affairs,'' and inserting ``the Countering Weapons of Mass Destruction Office,''. (g) Department of Homeland Security Chemical, Biological, Radiological, and Nuclear Activities.--Not later than 1 year after the date of enactment of this Act and once every year thereafter, the Secretary of Homeland Security shall provide a briefing and report to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) on-- (1) the organization and management of the chemical, biological, radiological, and nuclear activities of the Department of Homeland Security, including research and development activities, and the location of each activity under the organizational structure of the Countering Weapons of Mass Destruction Office; (2) a comprehensive inventory of chemical, biological, radiological, and nuclear activities, including research and development activities, of the Department of Homeland Security, highlighting areas of collaboration between components, coordination with other agencies, and the effectiveness and accomplishments of consolidated chemical, biological, radiological, and nuclear activities of the Department of Homeland Security, including research and development activities; (3) information relating to how the organizational structure of the Countering Weapons of Mass Destruction Office will enhance the development of chemical, biological, radiological, and nuclear priorities and capabilities across the Department of Homeland Security; (4) a discussion of any resulting cost savings and efficiencies gained through activities described in paragraphs (1) and (2); and (5) recommendations for any necessary statutory changes, or, if no statutory changes are necessary, an explanation of why no statutory or organizational changes are necessary. (h) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by subsection (b), is amended-- (1) by inserting after the item relating to section 713 the following: ``Sec. 714. Workforce health and medical support.''; and (2) by striking the item relating to title XIX (including items relating to section 1901 through section 1907) and inserting the following: ``TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE ``Sec. 1900. Definitions. ``Subtitle A--Countering Weapons of Mass Destruction Office ``Sec. 1901. Countering Weapons of Mass Destruction Office. ``Subtitle B--Mission of the Office ``Sec. 1921. Mission of the Office. ``Sec. 1922. Relationship to other department entities and Federal agencies. ``Sec. 1923. Responsibilities. ``Sec. 1924. Hiring authority. ``Sec. 1925. Testing authority. ``Sec. 1926. Contracting and grant making authorities. ``Sec. 1927. Joint annual interagency review of global nuclear detection architecture. ``Subtitle C--Chief Medical Officer ``Sec. 1931. Chief Medical Officer.''. (i) Sunset.-- (1) Definition.--In this subsection, the term ``sunset date'' means the date that is 5 years after the date of enactment of this Act. (2) Amendments.--Effective on the sunset date: (A) Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is amended-- (i) in the title heading, by striking ``COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE'' and inserting ``DOMESTIC NUCLEAR DETECTION OFFICE''; (ii) by striking section 1900 and all that follows through the end of section 1901 and inserting the following: ``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE. ``(a) Establishment.--There shall be established in the Department a Domestic Nuclear Detection Office (referred to in this title as the `Office'). The Secretary may request that the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, the Nuclear Regulatory Commission, and the directors of other Federal agencies, including elements of the Intelligence Community, provide for the reimbursable detail of personnel with relevant expertise to the Office. ``(b) Director.--The Office shall be headed by a Director for Domestic Nuclear Detection, who shall be appointed by the President.''; (iii) by redesignating sections 1923, 1924, 1925, 1926, and 1927 as sections 1902, 1903, 1904, 1906, and 1907, respectively, and transferring such sections to appear after section 1901, as added by clause (ii); (iv) in section 1902, as so redesignated-- (I) in the section heading by striking ``responsibilities'' and inserting ``mission of office''; and (II) in subsection (a)(11), by striking ``Countering Weapons of Mass Destruction Office'' and inserting ``Domestic Nuclear Detection Office''; (v) in section 1904(a), as so redesignated, by striking ``section 1923'' and inserting ``section 1902''; (vi) by inserting after section 1904, as redesignated and transferred by clause (iii), the following: ``SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL AGENCIES. ``The authority of the Director under this title shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to the command, control, or direction of the functions, personnel, funds, assets, and liabilities of any entity within the Department or any Federal department or agency.''; (vii) in section 1906, as so redesignated-- (I) by striking ``section 1923(a)'' each place it appears and inserting ``section 1902(a)''; and (II) in the matter preceding paragraph (1), by striking ``Assistant Secretary for the Countering Weapons of Mass Destruction Office'' and inserting ``Director for Domestic Nuclear Detection''; and (viii) in section 1907, as so redesignated-- (I) in subsection (a)(1)(C), in the matter preceding clause (i), by striking ``Assistant Secretary for the Countering Weapons of Mass Destruction Office'' and inserting ``Director of the Domestic Nuclear Detection Office''; and (II) in subsection (c), by striking ``section 1923'' and inserting ``section 1902''; and (ix) by striking the heading for subtitle B and all that follows through the end of section 1931. (B) Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by inserting after section 515 the following: ``SEC. 516. CHIEF MEDICAL OFFICER. ``(a) In General.--There is in the Department a Chief Medical Officer, who shall be appointed by the President. ``(b) Qualifications.--The individual appointed as Chief Medical Officer shall possess a demonstrated ability in and knowledge of medicine and public health. ``(c) Responsibilities.--The Chief Medical Officer shall have the primary responsibility within the Department for medical issues related to natural disasters, acts of terrorism, and other man-made disasters, including-- ``(1) serving as the principal advisor to the Secretary and the Administrator on medical and public health issues; ``(2) coordinating the biodefense activities of the Department; ``(3) ensuring internal and external coordination of all medical preparedness and response activities of the Department, including training, exercises, and equipment support; ``(4) serving as the Department's primary point of contact with the Department of Agriculture, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Veterans Affairs, and other Federal departments or agencies, on medical and public health issues; ``(5) serving as the Department's primary point of contact for State, local, and tribal governments, the medical community, and others within and outside the Department, with respect to medical and public health matters; ``(6) discharging, in coordination with the Under Secretary for Science and Technology, the responsibilities of the Department related to Project Bioshield; and ``(7) performing such other duties relating to such responsibilities as the Secretary may require.''. (C) Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by striking section 714. (D) Section 103(d) of the Homeland Security Act of 2002 (6 U.S.C. 113(d)) is amended-- (i) by redesignating paragraph (4) as paragraph (5); and (ii) by inserting after paragraph (3) the following: ``(4) A Director for Domestic Nuclear Detection.''. (E) Section 316(a) of the Homeland Security Act of 2002 (6 U.S.C. 195b(a)) is amended by striking ``, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office,''. (F) Section 317(f) of the Homeland Security Act of 2002 (6 U.S.C. 195c(f)) is amended by striking ``the Assistant Secretary for the Countering Weapons of Mass Destruction Office,'' and inserting ``the Chief Medical Officer,''. (G) Section 505(b) of the Homeland Security Act of 2002 (6 U.S.C. 315(b)) is amended-- (i) by redesignating paragraph (4) as paragraph (5); (ii) by inserting after paragraph (3) the following: ``(4) The Office of the Chief Medical Officer.''; and [[Page S3787]] (iii) in paragraph (5), as so redesignated, by striking ``through (3)'' and inserting ``through (4)''. (H) Section 528(a) of the Homeland Security Act of 2002 (6 U.S.C. 321q(a)) is amended by striking ``Health Affairs,'' and inserting ``the Countering Weapons of Mass Destruction Office,''. (I) The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended-- (i) by inserting after the item relating to section 515 the following: ``Sec. 516. Chief medical officer.''; (ii) by striking the item relating to section 714; and (iii) by striking the item relating to title XIX (including items relating to section 1900 through section 1931) and inserting the following: ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE ``Sec. 1901. Domestic Nuclear Detection Office. ``Sec. 1902. Mission of Office. ``Sec. 1903. Hiring authority. ``Sec. 1904. Testing authority. ``Sec. 1905. Relationship to other Department entities and Federal agencies. ``Sec. 1906. Contracting and grant making authorities. ``Sec. 1907. Joint annual interagency review of global nuclear detection architecture.''. (3) This act.--Effective on the sunset date, subsections (a) through (h) of this section, and the amendments made by such subsections, shall have no force or effect. (4) Transfers; abolishment.-- (A) Transfers.--The Secretary of Homeland Security shall transfer-- (i) to the Domestic Nuclear Detection Office, all functions, personnel, budget authority, and assets of the Countering Weapons of Mass Destruction Office, as in existence on the day before the sunset date, except for the functions, personnel, budget authority, and assets that were transferred to the Countering Weapons of Mass Destruction Office under subsection (e)(1)(A)(i); and (ii) to the Office of Health Affairs, the functions, personnel, budget authority, and assets that were transferred to the Countering Weapons of Mass Destruction Office under subsection (e)(1)(A)(ii) or to the Directorate of Management under subsection (e)(1)(B). (B) Abolishment.--Upon completion of all transfers pursuant to subparagraph (A)-- (i) the Countering Weapons of Mass Destruction Office of the Department of Homeland Security is abolished; and (ii) the position of Assistant Secretary for the Countering Weapons of Mass Destruction Office is abolished. SEC. 1118. ACTIVITIES RELATED TO INTERNATIONAL AGREEMENTS; ACTIVITIES RELATED TO CHILDREN. Section 708(c) of the Homeland Security Act of 2002, as so redesignated by section 1142 of this Act, is amended-- (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (2) by inserting after paragraph (5) the following: ``(6) enter into agreements with governments of other countries, in consultation with the Secretary of State or the head of another agency, as appropriate, international organizations, and international nongovernmental organizations in order to achieve the missions of the Department;''; and (3) in paragraph (7), as so redesignated, by inserting ``, including feedback from organizations representing the needs of children,'' after ``stakeholder feedback''. SEC. 1119. CANINE DETECTION RESEARCH AND DEVELOPMENT. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), as amended by section 1601 of this Act, is amended by adding at the end the following: ``SEC. 321. CANINE DETECTION RESEARCH AND DEVELOPMENT. ``(a) In General.--In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant executive agencies, relevant State, local, and tribal governments, and academic and industry stakeholders, shall, to the extent practicable, conduct research and development of canine detection technology to mitigate the risk of the threats of existing and emerging weapons of mass destruction. ``(b) Scope.--The scope of the research and development under subsection (a) may include the following: ``(1) Canine-based sensing technologies. ``(2) Chem-Bio defense technologies. ``(3) New dimensions of olfaction biology. ``(4) Novel chemical sensing technologies. ``(5) Advances in metabolomics and volatilomics. ``(6) Advances in gene therapy, phenomics, and molecular medicine. ``(7) Reproductive science and technology. ``(8) End user techniques, tactics, and procedures. ``(9) National security policies, standards and practices for canine sensing technologies. ``(10) Protective technology, medicine, and treatments for the canine detection platform. ``(11) Domestic capacity and standards development. ``(12) Emerging threat detection. ``(13) Training aids. ``(14) Genetic, behavioral, and physiological optimization of the canine detection platform. ``(c) Coordination and Collaboration.--The Secretary, acting through the Under Secretary for Science and Technology, shall ensure research and development activities are conducted in coordination and collaboration with academia, all levels of government, and private sector stakeholders. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by this Act, is amended by inserting after the item relating to section 320 the following: ``Sec. 321. Canine detection research and development.''. Subtitle B--Human Resources and Other Matters SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES. Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``and in line'' and inserting ``, in line''; and (ii) by inserting ``and informed by successful practices within the Federal Government and the private sector,'' after ``priorities,''; (B) in paragraph (2), by striking ``develop performance measures to provide a basis for monitoring and evaluating'' and inserting ``develop performance measures to monitor and evaluate on an ongoing basis,''; (C) in paragraph (4), by inserting ``including leader development and employee engagement programs,'' before ``in coordination''; (D) by redesignating paragraphs (9) and (10) as paragraphs (14) and (15), respectively; (E) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; (F) by inserting after paragraph (2) the following: ``(3) assess the need of administrative and mission support staff across the Department, to identify and eliminate the unnecessary use of mission-critical staff for administrative and mission support positions;''; (G) in paragraph (6), as so redesignated, by inserting before the semicolon at the end the following: ``that is informed by appropriate workforce planning initiatives''; and (H) by inserting after paragraph (9), as so redesignated, the following: ``(10) maintain a catalogue of available employee development opportunities easily accessible to employees of the Department, including departmental leadership development programs, interagency development programs, and rotational programs; ``(11) approve the selection and organizational placement of each senior human capital official of each component of the Department and participate in the periodic performance reviews of each such senior human capital official; ``(12) assess the success of the Department and the components of the Department regarding efforts to recruit and retain employees in rural and remote areas, and make policy recommendations as appropriate to the Secretary and to Congress; ``(13) develop performance measures to monitor and evaluate on an ongoing basis any significant contracts issued by the Department or a component of the Department to a private entity regarding the recruitment, hiring, or retention of employees;''. SEC. 1132. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 1117, is amended by adding at the end the following: ``SEC. 715. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN. ``(a) In General.--The Secretary shall-- ``(1) not later than 180 days after the date of enactment of this section, and not later than September 30 of each fiscal year thereafter, issue a Department-wide employee engagement and retention action plan to inform and execute strategies for improving employee engagement, employee retention, Department management and leadership, diversity and inclusion efforts, employee morale, training and development opportunities, and communications within the Department, which shall reflect-- ``(A) input from representatives from operational components, headquarters, and field personnel, including supervisory and non-supervisory personnel, and employee labor organizations that represent employees of the Department; ``(B) employee feedback provided through annual employee surveys, questionnaires, and other communications; and ``(C) performance measures, milestones, and objectives that reflect the priorities and strategies of the action plan to improve employee engagement and retention; and ``(2) require the head of each operational component of the Department to-- ``(A) develop and implement a component-specific employee engagement and retention plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, if applicable, their [[Page S3788]] labor representatives are to be integrated in developing programs and initiatives; ``(B) monitor progress on implementation of such action plan; and ``(C) provide to the Chief Human Capital Officer quarterly reports on actions planned and progress made under this paragraph. ``(b) Rule of Construction.--Nothing in this section shall be construed to limit the ability of the departmental or component leadership from developing innovative approaches and strategies to employee engagement or retention not specifically required under this section. ``(c) Repeal.--This section shall be repealed on the date that is 5 years after the date of enactment of this section.''. (b) Clerical Amendment.-- (1) In general.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1117, is amended by inserting after the item related to section 714 the following: ``Sec. 715. Employee engagement and retention plan.''. (2) Repeal.--The amendment made by paragraph (1) shall be repealed on the date that is 5 years after the date of enactment of this Act. (c) Submissions to Congress.-- (1) Department-wide employee engagement action plan.--Not later than 2 years after the date of enactment of this Act, and once 2 years thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under section 715 of the Homeland Security Act of 2002, as added by subsection (a). (2) Component-specific employee engagement plans.--Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under section 715(a)(2) of the Homeland Security Act of 2002 (as added by subsection (a)) not later than 30 days after the issuance of each such plan under such section 715(a)(2). SEC. 1133. REPORT DISCUSSING SECRETARY'S RESPONSIBILITIES, PRIORITIES, AND AN ACCOUNTING OF THE DEPARTMENT'S WORK REGARDING ELECTION INFRASTRUCTURE. (a) In General.--The Secretary of Homeland Security shall continue to prioritize the provision of assistance, as appropriate and on a voluntary basis, to State and local election officials in recognition of the importance of election infrastructure to the United States. (b) Reports.--Not later than 1 year after the date of enactment of this Act, and once each year thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report detailing-- (1) the responsibilities of the Secretary of Homeland Security for coordinating the election infrastructure critical infrastructure subsector; (2) the priorities of the Secretary of Homeland Security for enhancing the security of election infrastructure over the next 1- and 5-year periods that incorporates lessons learned, best practices, and obstacles from the previous year; and (3) a summary of the election infrastructure work of the Department with each State, unit of local government, and tribal and territorial government, as well as with the Government Coordinating Council and the Sector Coordinating Council, and interaction with other Federal departments and agencies. (c) Form of Reports.--Each report submitted under subsection (b) shall be unclassified, but may be accompanied by a classified annex, if necessary. (d) Initial Report.--The first report submitted under subsection (b) shall examine the period beginning on January 6, 2017 through the required reporting period. SEC. 1134. POLICY, GUIDANCE, TRAINING, AND COMMUNICATION REGARDING LAW ENFORCEMENT PERSONNEL. (a) In General.--The Secretary of Homeland Security (in this section referred to as the ``Secretary'') shall conduct an inventory and assessment of training provided to all law enforcement personnel of the Department of Homeland Security (referred to in this section as the ``Department''), including use of force training, and develop and implement a strategic plan to-- (1) enhance, modernize, and expand training and continuing education for law enforcement personnel; and (2) eliminate duplication and increase efficiencies in training and continuing education programs. (b) Factors.--In carrying out subsection (a), the Secretary shall take into account the follow factors: (1) The hours of training provided to law enforcement personnel and whether such hours should be increased. (2) The hours of continuing education provided to law enforcement personnel, and whether such hours should be increased. (3) The quality of training and continuing education programs and whether the programs are in line with current best practices and standards. (4) The use of technology for training and continuing education purposes, and whether such technology should be modernized and expanded. (5) Reviews of training and education programs by law enforcement personnel, and whether such programs maximize their ability to carry out the mission of their components and meet the highest standards of professionalism and integrity. (6) Whether there is duplicative or overlapping training and continuing education programs, and whether such programs can be streamlined to reduce costs and increase efficiencies. (c) Input.--The Secretary shall work with relevant components of the Department to take into account feedback provided by law enforcement personnel (including nonsupervisory personnel and employee labor organizations), community stakeholders, the Office of Science and Technology, and the Office for Civil Rights and Civil Liberties in carrying out the assessment of, and developing and implementing the strategic plan with respect to, training and continuing education programs under subsection (a). (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Chairman and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate and the Chairman and Ranking Minority Member of the Committee on Homeland Security of the House of Representatives an evaluation of the assessment of, and the development and implementation of the strategic plan with respect to, training and continuing education programs under subsection (a). (e) Assessment.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Chairman and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate and the Chairman and Ranking Minority Member of the Committee on Homeland Security of the House of Representatives a report that evaluates the assessment of, and the development and implementation of the strategic plan with respect to, training and continuing education programs under subsection (a). (f) Timely Guidance, Communications, and Training Regarding Policy Changes Affecting the Conduct of Law Enforcement and Engagement With Members of the Public.-- (1) Definition.--In this subsection, the term ``covered order'' means any executive order, guidance, directive, or memorandum that changes policies regarding the conduct of law enforcement or engagement with members of the public by law enforcement personnel. (2) Requirements.--The Secretary, in coordination with the head of each affected law enforcement component of the Department and in consultation with career executives in each affected component, shall-- (A) as expeditiously as possible, and not later than 45 days following the effective date of any covered order-- (i) publish written documents detailing plans for the implementation of the covered order; (ii) develop and implement a strategy to communicate clearly with all law enforcement personnel actively engaged in core law enforcement activities, both in supervisory and nonsupervisory positions, and to provide prompt responses to questions and concerns raised by such personnel, about the covered order; and (iii) develop and implement a detailed plan to ensure that all law enforcement personnel actively engaged in core law enforcement activities are sufficiently and appropriately trained on any new policies regarding the conduct of law enforcement or engagement with members of the public resulting from the covered order; and (B) submit to the Chairman and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate and the Chairman and Ranking Minority Member of the Committee on Homeland Security of the House of Representatives a report-- (i) not later than 30 days after the effective date of any covered order, that explains and provides a plan to remedy any delay in taking action under subparagraph (A); and (ii) not later than 60 days after the effective date of any covered order, that describes the actions taken by the Secretary under subparagraph (A). SEC. 1135. HACK DHS BUG BOUNTY PILOT PROGRAM. (a) Definitions.--In this section: (1) Bug bounty program.--The term ``bug bounty program'' means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of Internet-facing information technology of the Department in exchange for compensation. (2) Department.--The term ``Department'' means the Department of Homeland Security. (3) Information technology.--The term ``information technology'' has the meaning given the term in section 11101 of title 40, United States Code. (4) Pilot program.--The term ``pilot program'' means the bug bounty pilot program required to be established under subsection (b)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. [[Page S3789]] (b) Establishment of Pilot Program.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities of Internet-facing information technology of the Department. (2) Requirements.--In establishing the pilot program, the Secretary shall-- (A) provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other Internet-facing information technology of the Department that are accessible to the public; (B) award a competitive contract to an entity, as necessary, to manage the pilot program and for executing the remediation of vulnerabilities identified as a consequence of the pilot program; (C) designate mission-critical operations within the Department that should be excluded from the pilot program; (D) consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of the pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under the pilot program; (E) consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 ``Hack the Pentagon'' pilot program and subsequent Department of Defense bug bounty programs; (F) develop an expeditious process by which an approved individual, organization, or company can register with the entity described in subparagraph (B), submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in the pilot program; and (G) engage qualified interested persons, including non- government sector representatives, about the structure of the pilot program as constructive and to the extent practicable. (c) Report.--Not later than 180 days after the date on which the pilot program is completed, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the pilot program, which shall include-- (1) the number of approved individuals, organizations, or companies involved in the pilot program, broken down by the number of approved individuals, organizations, or companies that-- (A) registered; (B) were approved; (C) submitted security vulnerabilities; and (D) received compensation; (2) the number and severity of vulnerabilities reported as part of the pilot program; (3) the number of previously unidentified security vulnerabilities remediated as a result of the pilot program; (4) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans; (5) the average length of time between the reporting of security vulnerabilities and remediation of the vulnerabilities; (6) the types of compensation provided under the pilot program; and (7) the lessons learned from the pilot program. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Department $250,000 for fiscal year 2018 to carry out this section. SEC. 1136. COST SAVINGS ENHANCEMENTS. (a) In General.-- (1) Amendment.--Subchapter II of chapter 45 of title 5, United States Code, is amended by inserting after section 4512 the following: ``Sec. 4512A. Department of Homeland Security awards for cost savings disclosures ``(a) In this section, the term `surplus operations and support funds' means amounts made available for the operations and support account, or equivalent account, of the Department of Homeland Security, or a component thereof-- ``(1) that are identified by an employee of the Department of Homeland Security under subsection (b) as unnecessary; ``(2) that the Inspector General of the Department of Homeland Security determines are not required for the purpose for which the amounts were made available; ``(3) that the Chief Financial Officer of the Department of Homeland Security determines are not required for the purpose for which the amounts were made available; and ``(4) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available. ``(b) The Inspector General of the Department of Homeland Security may pay a cash award to any employee of the Department of Homeland Security whose disclosure of fraud, waste, or mismanagement or identification of surplus operations and support funds to the Inspector General of the Department of Homeland Security has resulted in cost savings for the Department of Homeland Security. The amount of an award under this section may not exceed the lesser of-- ``(1) $10,000; or ``(2) an amount equal to 1 percent of the Department of Homeland Security's cost savings which the Inspector General determines to be the total savings attributable to the employee's disclosure or identification. For purposes of paragraph (2), the Inspector General may take into account Department of Homeland Security cost savings projected for subsequent fiscal years which will be attributable to such disclosure or identification. ``(c)(1) The Inspector General of the Department of Homeland Security shall refer to the Chief Financial Officer of the Department of Homeland Security any potential surplus operations and support funds identified by an employee that the Inspector General determines meets the requirements under paragraphs (2) and (4) of subsection (a), along with any recommendations of the Inspector General. ``(2)(A) If the Chief Financial Officer of the Department of Homeland Security determines that potential surplus operations and support funds referred under paragraph (1) meet the requirements under subsection (a), except as provided in subsection (d), the Secretary of Homeland Security shall transfer the amount of the surplus operations and support funds from the applicable appropriations account to the general fund of the Treasury. ``(B) Any amounts transferred under subparagraph (A) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ``(3) The Inspector General of the Department of Homeland Security and the Chief Financial Officer of the Department of Homeland Security shall issue standards and definitions for purposes of making determinations relating to potential surplus operations and support funds identified by an employee under this subsection. ``(d)(1) The Secretary of Homeland Security may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (c)(2). ``(2) Amounts retained by the Secretary of Homeland Security under paragraph (1) may be-- ``(A) used for the purpose of paying a cash award under subsection (b) to one or more employees who identified the surplus operations and support funds; and ``(B) to the extent amounts remain after paying cash awards under subsection (b), transferred or reprogrammed for use by the Department of Homeland Security, in accordance with any limitation on such a transfer or reprogramming under any other provision of law. ``(e)(1) Not later than October 1 of each fiscal year, the Secretary of Homeland Security shall submit to the Secretary of the Treasury a report identifying the total savings achieved during the previous fiscal year through disclosures of possible fraud, waste, or mismanagement and identifications of surplus operations and support funds by an employee. ``(2) Not later than September 30 of each fiscal year, the Secretary of Homeland Security shall submit to the Secretary of the Treasury a report that, for the previous fiscal year-- ``(A) describes each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus operations and support funds by an employee of the Department of Homeland Security determined by the Department of Homeland Security to have merit; and ``(B) provides the number and amount of cash awards by the Department of Homeland Security under subsection (b). ``(3) The Secretary of Homeland Security shall include the information described in paragraphs (1) and (2) in each budget request of the Department of Homeland Security submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. ``(4) The Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under paragraphs (1) and (2). ``(f) The Director of the Office of Personnel Management shall-- ``(1) ensure that the cash award program of the Department of Homeland Security complies with this section; and ``(2) submit to Congress an annual certification indicating whether the cash award program of the Department of Homeland Security complies with this section. ``(g) Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.''. (2) Technical and conforming amendment.--The table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by inserting after the item relating to section 4512 the following: ``4512A. Department of Homeland Security awards for cost savings disclosures.''. (3) Sunset.--Effective 6 years after the date of enactment of this Act, subchapter II [[Page S3790]] of chapter 45 of title 5, United States Code, is amended-- (A) by striking section 4512A; and (B) in the table of sections, by striking the item relating to section 4512A. (b) Officers Eligible for Cash Awards.--Section 4509 of title 5, United States Code, is amended-- (1) by inserting ``(a)'' before ``No officer''; and (2) by adding at the end the following: ``(b) The Secretary of Homeland Security may not receive a cash award under this subchapter.''. SEC. 1137. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS. (a) Cybersecurity Research and Development.-- (1) In general.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), as amended by section 1119 of this Act, is amended by adding at the end the following: ``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT. ``(a) In General.--The Under Secretary for Science and Technology shall support the research, development, testing, evaluation, and transition of cybersecurity technologies, including fundamental research to improve the sharing of information, information security, analytics, and methodologies related to cybersecurity risks and incidents, consistent with current law. ``(b) Activities.--The research and development supported under subsection (a) shall serve the components of the Department and shall-- ``(1) advance the development and accelerate the deployment of more secure information systems; ``(2) improve and create technologies for detecting and preventing attacks or intrusions, including real-time continuous diagnostics, real-time analytic technologies, and full life cycle information protection; ``(3) improve and create mitigation and recovery methodologies, including techniques and policies for real- time containment of attacks and development of resilient networks and information systems; ``(4) assist the development and support infrastructure and tools to support cybersecurity research and development efforts, including modeling, testbeds, and data sets for assessment of new cybersecurity technologies; ``(5) assist the development and support of technologies to reduce vulnerabilities in industrial control systems; ``(6) assist the development and support cyber forensics and attack attribution capabilities; ``(7) assist the development and accelerate the deployment of full information life cycle security technologies to enhance protection, control, and privacy of information to detect and prevent cybersecurity risks and incidents; ``(8) assist the development and accelerate the deployment of information security measures, in addition to perimeter- based protections; ``(9) assist the development and accelerate the deployment of technologies to detect improper information access by authorized users; ``(10) assist the development and accelerate the deployment of cryptographic technologies to protect information at rest, in transit, and in use; ``(11) assist the development and accelerate the deployment of methods to promote greater software assurance; ``(12) assist the development and accelerate the deployment of tools to securely and automatically update software and firmware in use, with limited or no necessary intervention by users and limited impact on concurrently operating systems and processes; and ``(13) assist in identifying and addressing unidentified or future cybersecurity threats. ``(c) Coordination.--In carrying out this section, the Under Secretary for Science and Technology shall coordinate activities with-- ``(1) the Director of Cybersecurity and Infrastructure Security; ``(2) the heads of other relevant Federal departments and agencies, as appropriate; and ``(3) industry and academia. ``(d) Transition to Practice.--The Under Secretary for Science and Technology shall-- ``(1) support projects carried out under this title through the full life cycle of such projects, including research, development, testing, evaluation, pilots, and transitions; ``(2) identify mature technologies that address existing or imminent cybersecurity gaps in public or private information systems and networks of information systems, protect sensitive information within and outside networks of information systems, identify and support necessary improvements identified during pilot programs and testing and evaluation activities, and introduce new cybersecurity technologies throughout the homeland security enterprise through partnerships and commercialization; and ``(3) target federally funded cybersecurity research that demonstrates a high probability of successful transition to the commercial market within 2 years and that is expected to have a notable impact on the public or private information systems and networks of information systems. ``(e) Definitions.--In this section: ``(1) Cybersecurity risk.--The term `cybersecurity risk' has the meaning given the term in section 2209. ``(2) Homeland security enterprise.--The term `homeland security enterprise' means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and tribal government officials, private sector representatives, academics, and other policy experts. ``(3) Incident.--The term `incident' has the meaning given the term in section 2209. ``(4) Information system.--The term `information system' has the meaning given the term in section 3502 of title 44, United States Code. ``(5) Software assurance.--The term `software assurance' means confidence that software-- ``(A) is free from vulnerabilities, either intentionally designed into the software or accidentally inserted at any time during the life cycle of the software; and ``(B) functioning in the intended manner.''. (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by this Act, is amended by inserting after the item relating to section 321 the following: ``Sec. 322. Cybersecurity research and development.''. (b) Research and Development Projects.--Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``2017'' and inserting ``2022''; and (B) in paragraph (2), by striking ``under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160). In applying the authorities of that section 845, subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall perform the functions of the Secretary of Defense under subsection (d) thereof'' and inserting ``under section 2371b of title 10, United States Code, and the Secretary shall perform the functions of the Secretary of Defense as prescribed.''; (2) in subsection (c)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``2017'' and inserting ``2022''; and (B) by amending paragraph (2) to read as follows: ``(2) Report.--The Secretary shall annually submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report detailing the projects for which the authority granted by subsection (a) was utilized, the rationale for such utilizations, the funds spent utilizing such authority, the extent of cost-sharing for such projects among Federal and non-Federal sources, the extent to which utilization of such authority has addressed a homeland security capability gap or threat to the homeland identified by the Department, the total amount of payments, if any, that were received by the Federal Government as a result of the utilization of such authority during the period covered by each such report, the outcome of each project for which such authority was utilized, and the results of any audits of such projects.''; (3) in subsection (d), by striking ``as defined in section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note)'' and inserting ``as defined in section 2371b(e) of title 10, United States Code.''; and (4) by adding at the end the following: ``(e) Training.--The Secretary shall develop a training program for acquisitions staff on the utilization of the authority provided under subsection (a) to ensure accountability and effective management of projects consistent with the Program Management Improvement Accountability Act (Public Law 114-264; 130 Stat. 1371) and the amendments made by such Act.''. (c) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this section and the amendments made by this section. Such requirements shall be carried out using amounts otherwise authorized. SEC. 1138. CYBERSECURITY TALENT EXCHANGE. (a) Definitions.--In this section-- (1) the term ``congressional homeland security committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives; (2) the term ``Department'' means the Department of Homeland Security; and (3) the term ``Secretary'' means the Secretary of Homeland Security. (b) Cybersecurity Talent Exchange Pilot Program.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall commence carrying out a cybersecurity talent exchange pilot program. (2) Delegation.--The Secretary may delegate any authority under this section to the Director of the Cybersecurity and Infrastructure Security Agency of the Department. (c) Appointment Authority.-- (1) In general.--Under regulations prescribed by the Secretary for the purpose of carrying out the pilot program established under subsection (b), the Secretary may, [[Page S3791]] with the agreement of a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to the private-sector organization, or from the private-sector organization to a Department organization under this section. (2) Eligible employees.--Employees participating in the pilot program established under subsection (b) shall have significant education, skills, or experience relating to cybersecurity. (3) Agreements.-- (A) In general.--The Secretary shall provide for a written agreement among the Department, the private-sector organization, and the employee concerned regarding the terms and conditions of the assignment of the employee under this section, which-- (i) shall require that the employee of the Department, upon completion of the assignment, will serve in the Department, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length of the assignment; (ii) shall provide that if the employee of the Department or of the private-sector organization, as the case may be, fails to carry out the agreement, the employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary; (iii) shall contain language ensuring that the employee of the Department does not improperly use pre-decisional or draft deliberative information that the employee may be privy to or aware of related to Department programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization; and (iv) shall cover matters relating to confidentiality, intellectual property rights, and such other matters as the Secretary considers appropriate. (B) Liability.--An amount for which an employee is liable under subparagraph (A)(ii) shall be treated as a debt due the United States. (C) Waiver.--The Secretary may waive, in whole or in part, collection of a debt described in subparagraph (B) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee. (4) Termination.--An assignment under this subsection may, at any time and for any reason, be terminated by the Department or the private-sector organization concerned. (5) Duration.-- (A) In general.--Except as provided in subparagraph (B), an assignment under this subsection shall be for a period of not less than 3 months and not more than 2 years, and renewable up to a total of 4 years. (B) Exception.--An assignment under this subsection may be for a period in excess of 2 years, but not more than 4 years, if the Secretary determines that the assignment is necessary to meet critical mission or program requirements. (C) Limitation.--No employee of the Department may be assigned under this subsection for more than a total of 4 years inclusive of all assignments. (6) Status of federal employees assigned to private-sector organizations.-- (A) In general.--An employee of the Department who is assigned to a private-sector organization under this subsection shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. (B) Written agreement.--The written agreement established under paragraph (3) shall address the specific terms and conditions related to the continued status of the employee as a Federal employee. (C) Certification.--In establishing a temporary assignment of an employee of the Department to a private-sector organization, the Secretary shall-- (i) ensure that the normal duties and functions of the employee can be reasonably performed by other employees of the Department without the transfer or reassignment of other personnel of the Department; and (ii) certify that the temporary assignment of the employee shall not have an adverse or negative impact on organizational capabilities associated with the assignment. (7) Terms and conditions for private-sector employees.--An employee of a private-sector organization who is assigned to a Department organization under this subsection-- (A) shall continue to receive pay and benefits from the private-sector organization from which the employee is assigned and shall not receive pay or benefits from the Department, except as provided in subparagraph (B); (B) is deemed to be an employee of the Department for the purposes of-- (i) chapters 73 and 81 of title 5, United States Code; (ii) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18, United States Code; (iii) sections 1343, 1344, and 1349(b) of title 31, United States Code; (iv) chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act'') and any other Federal tort liability statute; (v) the Ethics in Government Act of 1978 (5 U.S.C. App.); and (vi) chapter 21 of title 41, United States Code; (C) shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which the employee is assigned; (D) may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary; and (E) may not be used to circumvent any limitation or restriction on the size of the workforce of the Department. (8) Prohibition against charging certain costs to the federal government.--A private-sector organization may not charge the Department or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department organization under this subsection for the period of the assignment. (9) Expenses.-- (A) In general.--The Secretary may pay for travel and other work-related expenses associated with individuals participating in the pilot program established under subsection (b). The Secretary shall not pay for lodging or per diem expenses for employees of a private sector organization, unless such expenses are in furtherance of work-related travel other than participating in the pilot program. (B) Background investigation.--A private person supporting an individual participating in the pilot program may pay for a background investigation associated with the participation of the individual in the pilot program. (10) Maximum number of participants.--Not more than 250 individuals may concurrently participate in the pilot program established under subsection (b). (d) Detailing of Participants.--With the consent of an individual participating in the pilot program established under subsection (b), the Secretary may, under the pilot program, detail the individual to another Federal department or agency. (e) Sunset.--The pilot program established under subsection (b) shall terminate on the date that is 7 years after the date of enactment of this Act. (f) Reports.-- (1) Preliminary report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the congressional homeland security committees a preliminary report describing the implementation of the pilot program established under subsection (b), including the number of participating employees from the Department and from private sector organizations, the departmental missions or programs carried out by employees participating in the pilot program, and recommendations to maximize efficiencies and the effectiveness of the pilot program in order to support Department cybersecurity missions and objectives. (2) Final report.--Not later than 6 years after the date of enactment of this Act, the Secretary shall submit to the congressional homeland security committees a final report describing the implementation of the pilot program established under subsection (b), including the number of participating employees from the Department and from private sector organizations, the departmental missions or programs carried out by employees participating in the pilot program, and providing a recommendation on whether the pilot program should be made permanent. Subtitle C--Other Matters SEC. 1141. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION. Paragraph (2) of section 431(c) of the Tariff Act of 1930 (19 U.S.C. 1431(c)) is amended to read as follows: ``(2)(A) The information listed in paragraph (1) shall not be available for public disclosure if-- ``(i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or ``(ii) the information is exempt under the provisions of section 552(b)(1) of title 5, United States Code. ``(B) The Commissioner of U.S. Customs and Border Protection shall ensure that any personally identifiable information, including social security numbers, passport numbers, and residential addresses, is removed from any manifest signed, produced, delivered, or transmitted under this section before the manifest is disclosed to the public.''. SEC. 1142. TECHNICAL AND CONFORMING AMENDMENTS. (a) Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security.-- (1) Abolishment of director of shared services.-- (A) Abolishment.--The position of Director of Shared Services of the Department of Homeland Security is abolished. (B) Conforming amendment.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by striking section 475 (6 U.S.C. 295). (C) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 475. (2) Abolishment of the office of counternarcotics enforcement.-- (A) Abolishment.--The Office of Counternarcotics Enforcement is abolished. [[Page S3792]] (B) Conforming amendments.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (i) in subparagraph (B) of section 843(b)(1) (6 U.S.C. 413(b)(1)), by striking ``by--'' and all that follows through the end of that subparagraph and inserting ``by the Secretary; and''; and (ii) by striking section 878 (6 U.S.C. 458). (C) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 878. (b) Other Technical and Conforming Amendments.-- (1) Title i.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), as amended by this Act, is further amended-- (A) in subsection (a)(1)(E), by striking ``the Bureau of'' and inserting ``United States''; and (B) in subsection (d)(4), as redesignated by section 1117(f), by striking ``section 708'' and inserting ``section 707''. (2) Title vii.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended-- (A) in subsection (c) of section 702 (6 U.S.C. 342), as redesignated by section 1103, strike paragraph (4); (B) by striking section 706 (6 U.S.C. 346); (C) by redesignating sections 707, 708, and 709 as sections 706, 707, and 708, respectively; and (D) in section 708(c)(3), as so redesignated, by striking ``section 707'' and inserting ``section 706''. (3) Title viii.--Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended-- (A) by striking section 857 (6 U.S.C. 427); (B) by redesignating section 858 as section 857; and (C) by striking section 881 (6 U.S.C. 461). (4) Title xvi.--Section 1611(d)(1) of the Homeland Security Act of 2002 (6 U.S.C. 563(d)(1)) is amended by striking ``section 707'' and inserting ``section 706''. (5) Table of contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended-- (A) by striking the items relating to sections 706 through 709 and inserting the following: ``Sec. 706. Quadrennial homeland security review. ``Sec. 707. Joint task forces. ``Sec. 708. Office of Strategy, Policy, and Plans.''; (B) by striking the items relating to sections 857 and 858 and inserting the following: ``Sec. 857. Identification of new entrants into the Federal marketplace.''; and (C) by striking the item relating to section 881. TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND EFFICIENCY SEC. 1201. DEFINITIONS. (a) In General.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended-- (1) by redesignating paragraphs (14) through (20) as paragraphs (28) through (34), respectively; (2) by redesignating paragraph (13) as paragraph (26); (3) by redesignating paragraphs (9) through (12) as paragraphs (21) through (24), respectively; (4) by redesignating paragraphs (4) through (8) as paragraphs (15) through (19), respectively; (5) by redesignating paragraphs (1), (2), and (3) as paragraphs (7), (8), and (9), respectively; (6) by inserting before paragraph (7), as so redesignated, the following: ``(1) The term `acquisition' has the meaning given the term in section 131 of title 41, United States Code. ``(2) The term `acquisition decision authority' means the authority held by the Secretary, acting through the Under Secretary for Management, to-- ``(A) ensure compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives; ``(B) review, including approving, pausing, modifying, or canceling, an acquisition throughout the life cycle of the acquisition; ``(C) ensure that acquisition program managers have the resources necessary to successfully execute an approved acquisition program; ``(D) ensure good acquisition program management of cost, schedule, risk, and system performance of the acquisition program at issue, including assessing acquisition program baseline breaches and directing any corrective action for those breaches; and ``(E) ensure that acquisition program managers, on an ongoing basis, monitor cost, schedule, and performance against established baselines and use tools to assess risks to an acquisition program at all phases of the life cycle of the acquisition program to avoid and mitigate acquisition program baseline breaches. ``(3) The term `acquisition decision event' means, with respect to an acquisition program, a predetermined point within each of the acquisition phases at which the person exercising the acquisition decision authority determines whether the acquisition program shall proceed to the next phase. ``(4) The term `acquisition decision memorandum' means, with respect to an acquisition, the official acquisition decision event record that includes a documented record of decisions and assigned actions for the acquisition, as determined by the person exercising acquisition decision authority for the acquisition. ``(5) The term `acquisition program' means the totality of activities directed to accomplish specific goals and objectives, which may-- ``(A) provide new or improved capabilities in response to approved requirements or sustain existing capabilities; and ``(B) have multiple projects to obtain specific capability requirements or capital assets. ``(6) The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met in order to accomplish the goals of the program.''; (7) by inserting after paragraph (9), as so redesignated, the following: ``(10) The term `best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes, at a minimum-- ``(A) identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) establishing requirements; ``(D) developing cost estimates and schedules that consider the work necessary to develop, plan, support, and install a program or solution; ``(E) identifying sources of funding that match resources to requirements; ``(F) demonstrating technology, design, and manufacturing maturity; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate progress; ``(H) adopting and executing standardized processes with known success across programs; ``(I) ensuring an adequate, well-trained, and diverse workforce that is qualified and sufficient in number to perform necessary functions; ``(J) developing innovative, effective, and efficient processes and strategies; ``(K) integrating risk management and mitigation techniques for national security considerations; and ``(L) integrating the capabilities described in subparagraphs (A) through (K) into the mission and business operations of the Department. ``(11) The term `breach' means a failure to meet any cost, schedule, or performance threshold specified in the most recently approved acquisition program baseline. ``(12) The term `congressional homeland security committees' means-- ``(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. ``(13) The term `Component Acquisition Executive' means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. ``(14) The term `cost-type contract' means a contract that-- ``(A) provides for payment of allowable incurred costs, to the extent prescribed in the contract; and ``(B) establishes an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed, except at the risk of the contractor, without the approval of the contracting officer.''; (8) by inserting after paragraph (19), as so redesignated, the following: ``(20) The term `fixed-price contract' means a contract that provides for a firm price or, in appropriate cases, an adjustable price.''; (9) by inserting after paragraph (24), as so redesignated, the following: ``(25) The term `life cycle cost' means the total cost of an acquisition, including all relevant costs related to acquiring, owning, operating, maintaining, and disposing of the system, project, service, or product over a specified period of time.''; and (10) by inserting after paragraph (26), as so redesignated, the following: ``(27) The term `major acquisition program' means a Department acquisition program that is estimated by the Secretary or a designee of the Secretary to require an eventual total expenditure of not less than $300,000,000 (based on fiscal year 2017 constant dollars) over the life cycle cost of the program.''. (b) Technical and Conforming Amendment.--Paragraph (14) of section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311), as amended by section 1451, is amended by striking ``section 2(13)(B)'' and inserting ``section 2(26)(B)''. [[Page S3793]] Subtitle A--Acquisition Authorities SEC. 1211. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT OF THE DEPARTMENT OF HOMELAND SECURITY. Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in subsection (a)(2), by inserting ``and acquisition management'' after ``Procurement''; (2) by redesignating subsection (d), the first subsection (e) (relating to the system for award management consultation), and the second subsection (e) (relating to the definition of interoperable communications) as subsections (e), (f), and (g), respectively; and (3) by inserting after subsection (c) the following: ``(d) Acquisition and Related Responsibilities.-- ``(1) In general.--Notwithstanding subsection (a) of section 1702 of title 41, United States Code, the Under Secretary for Management-- ``(A) is the Chief Acquisition Officer of the Department; ``(B) shall have the authorities and perform the functions specified in subsection (b) of such section; and ``(C) shall perform all other functions and responsibilities delegated by the Secretary or described in this subsection. ``(2) Functions and responsibilities.--In addition to the authorities and functions specified in section 1702(b) of title 41, United States Code, the functions and responsibilities of the Under Secretary for Management related to acquisition include the following: ``(A) Advising the Secretary regarding acquisition management activities, taking into account risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves the mission of the Department through the adoption of widely accepted program management best practices and standards and, where appropriate, acquisition innovation best practices. ``(B) Leading the acquisition oversight body of the Department, the Acquisition Review Board, and exercising the acquisition decision authority to approve, pause, modify, including the rescission of approvals of program milestones, or cancel major acquisition programs, unless the Under Secretary delegates that authority to a Component Acquisition Executive pursuant to paragraph (3). ``(C) Establishing policies for acquisition that implement an approach that takes into account risks of failure to achieve cost, schedule, or performance parameters that all components of the Department shall comply with, including outlining relevant authorities for program managers to effectively manage acquisition programs. ``(D) Ensuring that each major acquisition program has a Department-approved acquisition program baseline pursuant to the acquisition management policy of the Department. ``(E) Ensuring that the heads of components and Component Acquisition Executives comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives. ``(F) Providing additional scrutiny and oversight for an acquisition that is not a major acquisition if-- ``(i) the acquisition is for a program that is important to departmental strategic and performance plans; ``(ii) the acquisition is for a program with significant program or policy implications; and ``(iii) the Secretary determines that the scrutiny and oversight for the acquisition is proper and necessary. ``(G) Ensuring that grants and financial assistance are provided only to individuals and organizations that are not suspended or debarred. ``(H) Distributing guidance throughout the Department to ensure that contractors involved in acquisitions, particularly contractors that access the information systems and technologies of the Department, adhere to relevant Department policies related to physical and information security as identified by the Under Secretary for Management. ``(I) Overseeing the Component Acquisition Executive organizational structure to ensure Component Acquisition Executives have sufficient capabilities and comply with Department acquisition policies. ``(J) Ensuring acquisition decision memoranda adequately document decisions made at acquisition decision events, including the rationale for decisions made to allow programs to deviate from the requirement to obtain approval by the Department for certain documents at acquisition decision events. ``(3) Delegation of acquisition decision authority.-- ``(A) Level 3 acquisitions.--The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for an acquisition program that has a life cycle cost estimate of less than $300,000,000. ``(B) Level 2 acquisitions.--The Under Secretary for Management may delegate acquisition decision authority in writing to the relevant Component Acquisition Executive for a major acquisition program that has a life cycle cost estimate of not less than $300,000,000 but not more than $1,000,000,000 if all of the following requirements are met: ``(i) The component concerned possesses working policies, processes, and procedures that are consistent with Department-level acquisition policy. ``(ii) The Component Acquisition Executive concerned has a well-trained and experienced workforce, commensurate with the size of the acquisition program and related activities delegated to the Component Acquisition Executive by the Under Secretary for Management. ``(iii) Each major acquisition concerned has written documentation showing that the acquisition has a Department- approved acquisition program baseline and the acquisition is meeting agreed-upon cost, schedule, and performance thresholds. ``(4) Relationship to under secretary for science and technology.-- ``(A) In general.--Nothing in this subsection shall diminish the authority granted to the Under Secretary for Science and Technology under this Act. The Under Secretary for Management and the Under Secretary for Science and Technology shall cooperate in matters related to the coordination of acquisitions across the Department so that investments of the Directorate of Science and Technology are able to support current and future requirements of the components of the Department. ``(B) Testing and evaluation acquisition support.--The Under Secretary for Science and Technology shall-- ``(i) ensure, in coordination with relevant component heads, that all relevant acquisition programs-- ``(I) complete reviews of operational requirements to ensure the requirements are measurable, testable, and achievable within the constraints of cost and schedule; ``(II) integrate applicable standards into development specifications; ``(III) complete systems engineering reviews and technical assessments during development to inform production and deployment decisions; ``(IV) complete independent testing and evaluation of technologies and systems; ``(V) use independent verification and validation of operational testing and evaluation implementation and results; and ``(VI) document whether such programs meet all performance requirements included in their acquisition program baselines; ``(ii) ensure that such operational testing and evaluation includes all system components and incorporates operators into the testing to ensure that systems perform as intended in the appropriate operational setting; and ``(iii) determine if testing conducted by other Federal agencies and private entities is relevant and sufficient in determining whether systems perform as intended in the operational setting.''. SEC. 1212. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY. Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) is amended-- (1) by striking ``The Chief'' and inserting the following: ``(1) Functions.--The Chief''; and (2) by adding at the end the following: ``(2) Acquisition authorities.--The Chief Financial Officer, in coordination with the Under Secretary for Management, shall oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities.''. SEC. 1213. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY. Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343), as amended by section 1104, is amended by adding at the end the following: ``(d) Acquisition Responsibilities.--The acquisition responsibilities of the Chief Information Officer shall include-- ``(1) overseeing the management of the Homeland Security Enterprise Architecture and ensuring that, before each acquisition decision event, approved information technology acquisitions comply with departmental information technology management processes, technical requirements, and the Homeland Security Enterprise Architecture, and in any case in which information technology acquisitions do not comply with the management directives of the Department, making recommendations to the Acquisition Review Board regarding that noncompliance; and ``(2) being responsible for-- ``(A) providing recommendations to the Acquisition Review Board regarding information technology programs; and ``(B) developing information technology acquisition strategic guidance.''. SEC. 1214. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 1132, is amended by adding at the end the following: ``SEC. 716. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT. ``(a) Establishment of Office.--There is in the Management Directorate of the Department an office to be known as `Program Accountability and Risk Management', which shall-- ``(1) provide accountability, standardization, and transparency of major acquisition programs of the Department; and ``(2) serve as the central oversight function for all Department acquisition programs. [[Page S3794]] ``(b) Responsibilities of Executive Director.--The Program Accountability and Risk Management shall be led by an Executive Director to oversee the requirement under subsection (a), who shall report directly to the Under Secretary for Management, serve as the executive secretary for the Acquisition Review Board, and carry out the following responsibilities: ``(1) Monitor the performance of Department acquisition programs between acquisition decision events to identify problems with cost, performance, or schedule that components may need to address to prevent cost overruns, performance issues, or schedule delays. ``(2) Assist the Under Secretary for Management in managing the acquisition programs and related activities of the Department. ``(3) Conduct oversight of individual acquisition programs to implement Department acquisition program policy, procedures, and guidance with a priority on ensuring the data the office collects and maintains from Department components is accurate and reliable. ``(4) Coordinate the acquisition life cycle review process for the Acquisition Review Board. ``(5) Advise the persons having acquisition decision authority in making acquisition decisions consistent with all applicable laws and in establishing lines of authority, accountability, and responsibility for acquisition decision making within the Department. ``(6) Support the Chief Procurement Officer in developing strategies and specific plans for hiring, training, and professional development in order to improve the acquisition workforce of the Department. ``(7) In consultation with Component Acquisition Executives-- ``(A) develop standards for the designation of key acquisition positions with major acquisition program management offices and on the Component Acquisition Executive support staff; and ``(B) provide requirements and support to the Chief Procurement Officer in the planning, development, and maintenance of the Acquisition Career Management Program of the Department. ``(8) In the event that a certification or action of an acquisition program manager needs review for purposes of promotion or removal, provide input, in consultation with the relevant Component Acquisition Executive, into the performance evaluation of the relevant acquisition program manager and report positive or negative experiences to the relevant certifying authority. ``(9) Provide technical support and assistance to Department acquisition programs and acquisition personnel and coordinate with the Chief Procurement Officer on workforce training and development activities. ``(c) Responsibilities of Components.--Each head of a component shall-- ``(1) comply with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management; and ``(2) for each major acquisition program-- ``(A) define baseline requirements and document changes to such requirements, as appropriate; ``(B) develop a life cycle cost estimate that is consistent with best practices identified by the Comptroller General of the United States and establish a complete life cycle cost estimate with supporting documentation, including an acquisition program baseline; ``(C) verify each life cycle cost estimate against independent cost estimates, and reconcile any differences; ``(D) complete a cost-benefit analysis with supporting documentation; ``(E) develop and maintain a schedule that is consistent with scheduling best practices as identified by the Comptroller General of the United States, including, in appropriate cases, an integrated master schedule; and ``(F) ensure that all acquisition program information provided by the component is complete, accurate, timely, and valid. ``SEC. 717. ACQUISITION DOCUMENTATION. ``(a) In General.--For each major acquisition program, the Secretary, acting through the Under Secretary for Management, shall require the head of a relevant component or office to-- ``(1) maintain acquisition documentation that is complete, accurate, timely, and valid, and that includes, at a minimum-- ``(A) operational requirements that are validated consistent with departmental policy and changes to those requirements, as appropriate; ``(B) a complete life cycle cost estimate with supporting documentation; ``(C) verification of the life cycle cost estimate against independent cost estimates, and reconciliation of any differences; ``(D) a cost-benefit analysis with supporting documentation; and ``(E) a schedule, including, as appropriate, an integrated master schedule; ``(2) prepare cost estimates and schedules for major acquisition programs under subparagraphs (B) and (E) of paragraph (1) in a manner consistent with best practices as identified by the Comptroller General of the United States; and ``(3) submit certain acquisition documentation to the Secretary to produce a semi-annual Acquisition Program Health Assessment of departmental acquisitions for submission to Congress. ``(b) Waiver.--The Secretary may waive the requirement under subsection (a)(3) on a case-by-case basis with respect to any major acquisition program under this section for a fiscal year if-- ``(1) the major acquisition program has not-- ``(A) entered the full rate production phase in the acquisition life cycle; ``(B) had a reasonable cost estimate established; and ``(C) had a system configuration defined fully; or ``(2) the major acquisition program does not meet the definition of capital asset, as defined by the Director of the Office of Management and Budget. ``(c) Congressional Oversight.--At the same time the budget of the President is submitted for a fiscal year under section 1105(a) of title 31, United States Code, the Secretary shall make information available, as applicable, to the congressional homeland security committees regarding the requirement described in subsection (a) in the prior fiscal year that includes, with respect to each major acquisition program for which the Secretary has issued a waiver under subsection (b)-- ``(1) the grounds for granting a waiver for the program; ``(2) the projected cost of the program; ``(3) the proportion of the annual acquisition budget of each component or office attributed to the program, as available; and ``(4) information on the significance of the program with respect to the operations and the execution of the mission of each component or office described in paragraph (3).''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1132, is amended by inserting after the item relating to section 715 the following: ``Sec. 716. Acquisition authorities for Program Accountability and Risk Management. ``Sec. 717. Acquisition documentation.''. SEC. 1215. ACQUISITION INNOVATION. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) as amended by section 1214, is amended by adding at the end the following: ``SEC. 718. ACQUISITION INNOVATION. ``The Under Secretary for Management shall-- ``(1) encourage each of the officers under the direction of the Under Secretary for Management to promote innovation and shall designate an individual to promote innovation; ``(2) establish an acquisition innovation lab or similar mechanism to improve the acquisition programs, acquisition workforce training, and existing practices of the Department through methods identified in this section; ``(3) test emerging and established acquisition best practices for carrying out acquisitions, consistent with applicable laws, regulations, and Department directives, as appropriate; ``(4) develop and distribute best practices and lessons learned regarding acquisition innovation throughout the Department; ``(5) establish metrics to measure the effectiveness of acquisition innovation efforts with respect to cost, operational efficiency of the acquisition program, including timeframes for executing contracts, and collaboration with the private sector, including small- and medium-sized businesses; and ``(6) determine impacts of acquisition innovation efforts on the private sector by-- ``(A) engaging with the private sector, including small- and medium-sized businesses, to provide information and obtain feedback on procurement practices and acquisition innovation efforts of the Department; ``(B) obtaining feedback from the private sector on the impact of acquisition innovation efforts of the Department; and ``(C) incorporating the feedback described in subparagraphs (A) and (B), as appropriate, into future acquisition innovation efforts of the Department.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1214, is amended by inserting after the item relating to section 717 the following: ``Sec. 718. Acquisition innovation.''. (c) Information.-- (1) Definitions.--In this subsection-- (A) the term ``congressional homeland security committees'' means-- (i) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate; and (B) the term ``Department'' means the Department of Homeland Security. (2) Requirement.--Not later than 90 days after the date on which the Secretary of Homeland Security submits the annual budget justification for the Department for fiscal year 2020 and every fiscal year thereafter through fiscal year 2025, the officers under the director of the Under Secretary for Management of the Department shall provide a briefing to the congressional homeland security committees on the activities undertaken in the previous fiscal year in furtherance of section 718 of the Homeland Security [[Page S3795]] Act of 2002, as added by subsection (a), which shall include: (A) Emerging and existing acquisition best practices that were tested within the Department during that fiscal year. (B) Efforts to distribute best practices and lessons learned within the Department, including through web-based seminars, training, and forums, during that fiscal year. (C) Metrics captured by the Department and aggregate performance information for innovation efforts. (D) Performance as measured by the metrics established under paragraph (5) of such section 718. (E) Outcomes of efforts to distribute best practices and lessons learned within the Department, including through web- based seminars, training, and forums. (F) A description of outreach and engagement efforts with the private sector and any impacts of innovative acquisition mechanisms on the private sector, including small- and medium-sized businesses. (G) The criteria used to identify specific acquisition programs or activities to be included in acquisition innovation efforts and the outcomes of those programs or activities. (H) Recommendations, as necessary, to enhance acquisition innovation in the Department. Subtitle B--Acquisition Program Management Discipline SEC. 1221. ACQUISITION REVIEW BOARD. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 836. ACQUISITION REVIEW BOARD. ``(a) In General.--The Secretary shall establish an Acquisition Review Board (in this section referred to as the `Board') to-- ``(1) strengthen accountability and uniformity within the Department acquisition review process; ``(2) review major acquisition programs; and ``(3) review the use of best practices. ``(b) Composition.-- ``(1) Chairperson.--The Under Secretary for Management shall serve as chairperson of the Board. ``(2) Other members.--The Secretary shall ensure participation by other relevant Department officials. ``(c) Meetings.-- ``(1) Regular meetings.--The Board shall meet regularly for purposes of ensuring all acquisition programs proceed in a timely fashion to achieve mission readiness. ``(2) Other meetings.--The Board shall convene-- ``(A) at the discretion of the Secretary; and ``(B) at any time-- ``(i) a major acquisition program-- ``(I) requires authorization to proceed from one acquisition decision event to another throughout the acquisition life cycle; ``(II) is in breach of the approved acquisition program baseline of the major acquisition program; or ``(III) requires additional review, as determined by the Under Secretary for Management; or ``(ii) a non-major acquisition program requires review, as determined by the Under Secretary for Management. ``(d) Responsibilities.--The responsibilities of the Board are as follows: ``(1) Determine whether a proposed acquisition program has met the requirements of phases of the acquisition life cycle framework and is able to proceed to the next phase and eventual full production and deployment. ``(2) Oversee whether the business strategy, resources, management, and accountability of a proposed acquisition are executable and are aligned to strategic initiatives. ``(3) Support the person with acquisition decision authority for an acquisition program in determining the appropriate direction for the acquisition at key acquisition decision events. ``(4) Conduct reviews of acquisitions to ensure that the acquisitions are progressing in compliance with the approved documents for their current acquisition phases. ``(5) Review the acquisition program documents of each major acquisition program, including the acquisition program baseline and documentation reflecting consideration of tradeoffs among cost, schedule, and performance objectives, to ensure the reliability of underlying data. ``(6) Ensure that practices are adopted and implemented to require consideration of tradeoffs among cost, schedule, and performance objectives as part of the process for developing requirements for major acquisition programs prior to the initiation of the second acquisition decision event, including, at a minimum, the following practices: ``(A) Department officials responsible for acquisition, budget, and cost estimating functions are provided with the appropriate opportunity to develop estimates and raise cost and schedule matters before performance objectives are established for capabilities when feasible. ``(B) Full consideration is given to possible trade-offs among cost, schedule, and performance objectives for each alternative. ``(e) Acquisition Program Baseline Report Requirement.--If the person exercising acquisition decision authority over a major acquisition program approves the major acquisition program to proceed before the major acquisition program has a Department-approved acquisition program baseline, as required by Department policy-- ``(1) the Under Secretary for Management shall create and approve an acquisition program baseline report regarding such approval; and ``(2) the Secretary shall-- ``(A) not later than 7 days after the date on which the acquisition decision memorandum is signed, provide written notice of the decision to the appropriate committees of Congress; and ``(B) not later than 60 days after the date on which the acquisition decision memorandum is signed, provide the memorandum and a briefing to the appropriate committees of Congress. ``(f) Report.--Not later than 1 year after the date of enactment of this section and every year thereafter through fiscal year 2022, the Under Secretary for Management shall provide information to the appropriate committees of Congress on the activities of the Board for the prior fiscal year that includes information relating to-- ``(1) for each meeting of the Board, any acquisition decision memoranda; ``(2) the results of the systematic reviews conducted under subsection (d)(4); ``(3) the results of acquisition document reviews required under subsection (d)(5); and ``(4) activities to ensure that practices are adopted and implemented throughout the Department under subsection (d)(6).''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 835 the following: ``Sec. 836. Acquisition Review Board.''. SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS. ``(a) Department Leadership Councils.-- ``(1) Establishment.--The Secretary may establish Department leadership councils as the Secretary determines necessary to ensure coordination and improve programs and activities of the Department. ``(2) Function.--A Department leadership council shall-- ``(A) serve as a coordinating forum; ``(B) advise the Secretary and Deputy Secretary on Department strategy, operations, and guidance; ``(C) establish policies to reduce duplication in acquisition programs; and ``(D) consider and report on such other matters as the Secretary or Deputy Secretary may direct. ``(3) Relationship to other forums.--The Secretary or Deputy Secretary may delegate the authority to direct the implementation of any decision or guidance resulting from the action of a Department leadership council to any office, component, coordinator, or other senior official of the Department. ``(b) Joint Requirements Council.-- ``(1) Definition of joint requirement.--In this subsection, the term `joint requirement' means a condition or capability of multiple operating components of the Department that is required to be met or possessed by a system, product, service, result, or component to satisfy a contract, standard, specification, or other formally imposed document. ``(2) Establishment.--The Secretary shall establish within the Department a Joint Requirements Council. ``(3) Mission.--In addition to other matters assigned to the Joint Requirements Council by the Secretary and Deputy Secretary, the Joint Requirements Council shall-- ``(A) identify, assess, and validate joint requirements, including existing systems and associated capability gaps, to meet mission needs of the Department; ``(B) ensure that appropriate efficiencies are made among life cycle cost, schedule, and performance objectives, and procurement quantity objectives, in the establishment and approval of joint requirements; and ``(C) make prioritized capability recommendations for the joint requirements validated under subparagraph (A) to the Secretary, the Deputy Secretary, or the chairperson of a Department leadership council designated by the Secretary to review decisions of the Joint Requirements Council. ``(4) Chairperson.--The Secretary shall appoint a chairperson of the Joint Requirements Council, for a term of not more than 2 years, from among senior officials of the Department as designated by the Secretary. ``(5) Composition.--The Joint Requirements Council shall be composed of senior officials representing components of the Department and other senior officials as designated by the Secretary. ``(6) Relationship to future years homeland security program.--The Secretary shall ensure that the Future Years Homeland Security Program required under section 874 is consistent with the recommendations of the Joint Requirements Council required under paragraph (3)(C), as affirmed by the Secretary, the Deputy Secretary, or the chairperson of a Department leadership council designated by the Secretary under that paragraph.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 890A the following: [[Page S3796]] ``Sec. 890B. Department leadership councils.''. SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIVERS. Not later than 5 days after the date on which the Chief Procurement Officer or Chief Financial Officer of the Department of Homeland Security issues a waiver of the requirement that an agency not engage in business with a contractor or other recipient of funds listed in the System for Award Management, or a successor system, as maintained by the General Services Administration, the Office of Legislative Affairs of the Department of Homeland Security shall submit to Congress notice of such waiver and an explanation for a finding by the Under Secretary for Management that a compelling reason exists for issuing the waiver. SEC. 1224. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND DEBARMENT. The Inspector General of the Department of Homeland Security shall-- (1) conduct audits as determined necessary by the Inspector General regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded to a suspended or debarred entity and whether corrective actions were taken to prevent recurrence; and (2) review the suspension and debarment program throughout the Department of Homeland Security to assess whether suspension and debarment criteria are consistently applied throughout the Department of Homeland Security and whether disparities exist in the application of such criteria, particularly with respect to business size and categories. SEC. 1225. SUSPENSION AND DEBARMENT PROGRAM AND PAST PERFORMANCE. (a) Definitions.--In this section-- (1) the term ``congressional homeland security committees'' has the meaning given the term in section 2 of the Homeland Security Act of 2002, as amended by this Act; (2) the term ``Department'' means the Department of Homeland Security; and (3) the term ``Secretary'' means the Secretary of Homeland Security. (b) Establishment.-- (1) In general.--The Secretary shall establish a suspension and debarment program that ensures the Department and each of the components of the Department comply with the laws, regulations, and guidance related to the suspension, debarment, and ineligibility of contractors. (2) Requirements.--The program required to be established under paragraph (1) shall include policies and processes for-- (A) tracking, reviewing, and documenting suspension and debarment decisions, including those related to poor performance, fraud, national security considerations, and other criteria determined appropriate by the Secretary; (B) ensuring consideration of and referral for suspension, debarment, or other necessary actions that protect the interests of the Federal Government; (C) managing and sharing relevant documents and information on contractors for use across the Department; (D) requiring timely reporting into departmental and Government-wide databases by the suspension and debarment officials of contractor suspensions, debarments, or determinations of ineligibility, or other relevant information; and (E) issuing guidance to implement these policies and for the timely implementation of agreed upon recommendations from the Inspector General of the Department or the Comptroller General of the United States. (3) Additional requirements.--The program required to be established under subsection (b)(1) shall-- (A) require that any referral made by a contracting official for consideration of actions to protect the interests of the Federal Government be evaluated by the Suspension and Debarment Official in writing in accordance with applicable regulations; and (B) develop and require training for all contracting officials of the Department on the causes for suspension and debarment and complying with departmental and Government-wide policies and processes. (c) Past Performance Review.-- (1) In general.--The Chief Procurement Officer of the Department shall require for any solicitation for a competitive contract by a component of the Department that the head of contracting activity for the component shall include past performance as an evaluation factor in the solicitation, consistent with applicable laws and regulations and policies established by the Chief Procurement Officer. (2) Requirements.--In carrying out the requirements of paragraph (1), the Chief Procurement Officer shall establish departmental policies and procedures, consistent with applicable laws and regulations, to assess the past performance of contractors and relevant subcontractors (including contracts performed at the State or local level) as part of the source selection process. (3) Waivers.-- (A) In general.--The Chief Procurement Officer of the Department may waive a requirement under paragraph (1) with respect to a solicitation if the Chief Procurement Officer determines that the waiver is in the best interest of the Government. (B) Notification.--Not later than 30 days after the date on which the Chief Procurement Officer issues a waiver under subparagraph (A), the Secretary shall submit to the congressional homeland security committees written notice of the waiver, which shall include a description of the reasons for the waiver. Subtitle C--Acquisition Program Management Accountability and Transparency SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAMS. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by section 1221, is amended by adding at the end the following: ``SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR ACQUISITION PROGRAM BREACH. ``(a) Definition of Appropriate Committees of Congress.--In this section, the term `appropriate committees of Congress' means-- ``(1) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and ``(2) in the case of notice or a report relating to the Coast Guard or the Transportation Security Administration, the committees described in paragraph (1) and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(b) Requirements Within Department in Event of Breach.-- ``(1) Notifications.-- ``(A) Notification of breach.--If a breach occurs in a major acquisition program, the program manager for the program shall notify the Component Acquisition Executive for the program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, the Under Secretary for Management, and the Deputy Secretary not later than 30 calendar days after the date on which the breach is identified. ``(B) Notification to secretary.--If a breach occurs in a major acquisition program and the breach results in a cost overrun greater than 15 percent, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds from the cost, schedule, or performance parameters specified in the most recently approved acquisition program baseline for the program, the Component Acquisition Executive for the program shall notify the Secretary and the Inspector General of the Department not later than 5 business days after the date on which the Component Acquisition Executive for the program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary are notified of the breach under subparagraph (A). ``(2) Remediation plan and root cause analysis.-- ``(A) In general.--If a breach occurs in a major acquisition program, the program manager for the program shall submit in writing to the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, and the Under Secretary for Management, at a date established by the Under Secretary for Management, a remediation plan and root cause analysis relating to the breach and program. ``(B) Remediation plan.--The remediation plan required under subparagraph (A) shall-- ``(i) explain the circumstances of the breach at issue; ``(ii) provide prior cost estimating information; ``(iii) include a root cause analysis that determines the underlying cause or causes of shortcomings in cost, schedule, or performance of the major acquisition program with respect to which the breach has occurred, including the role, if any, of-- ``(I) unrealistic performance expectations; ``(II) unrealistic baseline estimates for cost or schedule or changes in program requirements; ``(III) immature technologies or excessive manufacturing or integration risk; ``(IV) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance; ``(V) changes to the scope of the program; ``(VI) inadequate program funding or changes in planned out-year funding from one 5-year funding plan to the next 5- year funding plan as outlined in the Future Years Homeland Security Program required under section 874; ``(VII) legislative, legal, or regulatory changes; or ``(VIII) inadequate program management personnel, including lack of sufficient number of staff, training, credentials, certifications, or use of best practices; ``(iv) propose corrective action to address cost growth, schedule delays, or performance issues; ``(v) explain the rationale for why a proposed corrective action is recommended; and ``(vi) in coordination with the Component Acquisition Executive for the program, discuss all options considered, including-- ``(I) the estimated impact on cost, schedule, or performance of the program if no changes are made to current requirements; ``(II) the estimated cost of the program if requirements are modified; and ``(III) the extent to which funding from other programs will need to be reduced to cover the cost growth of the program. ``(3) Review of corrective actions.-- ``(A) In general.--The Under Secretary for Management-- [[Page S3797]] ``(i) shall review each remediation plan required under paragraph (2); and ``(ii) not later than 30 days after submission of a remediation plan under paragraph (2), may approve the plan or provide an alternative proposed corrective action. ``(B) Submission to congress.--Not later than 30 days after the date on which the Under Secretary for Management completes a review of a remediation plan under subparagraph (A), the Under Secretary for Management shall submit to the appropriate committees of Congress a copy of the remediation plan. ``(c) Requirements Relating to Congressional Notification if Breach Occurs.-- ``(1) Notification to congress.--If a notification to the Secretary is made under subsection (b)(1)(B) relating to a breach in a major acquisition program, the Under Secretary for Management shall notify the appropriate committees of Congress of the breach in the next semi-annual Acquisition Program Health Assessment described in section 717(a)(3) after receipt by the Under Secretary for Management of the notification under subsection (b)(1)(B). ``(2) Significant variances in costs or schedule.--If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification required under paragraph (1) a written certification, with supporting explanation, that-- ``(A) the program is essential to the accomplishment of the mission of the Department; ``(B) there are no alternatives to the capability or asset provided by the program that will provide equal or greater capability in a more cost-effective and timely manner; ``(C) the management structure for the program is adequate to manage and control cost, schedule, and performance; and ``(D) includes the date on which the new acquisition schedule and estimates for total acquisition cost will be completed.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1221, is amended by inserting after the item relating to section 836 the following: ``Sec. 837. Congressional notification and other requirements for major acquisition program breach.''. SEC. 1232. MULTIYEAR ACQUISITION STRATEGY. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by section 1231, is amended by adding at the end the following: ``SEC. 838. MULTIYEAR ACQUISITION STRATEGY. ``(a) In General.--Not later than 1 year after the date of enactment of this section, the Under Secretary for Management shall brief the appropriate congressional committees on a multiyear acquisition strategy to-- ``(1) guide the overall direction of the acquisitions of the Department while allowing flexibility to deal with ever- changing threats and risks; ``(2) keep pace with changes in technology that could impact deliverables; and ``(3) help industry better understand, plan, and align resources to meet the future acquisition needs of the Department. ``(b) Updates.--The strategy required under subsection (a) shall be updated and included in each Future Years Homeland Security Program required under section 874. ``(c) Consultation.--In developing the strategy required under subsection (a), the Secretary shall, as the Secretary determines appropriate, consult with headquarters, components, employees in the field, and individuals from industry and the academic community.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1231, is amended by inserting after the item relating to section 837 the following: ``Sec. 838. Multiyear acquisition strategy.''. SEC. 1233. REPORT ON BID PROTESTS. (a) Definitions.--In this section-- (1) the term ``appropriate committees of Congress'' has the meaning given the term in section 837(a) of the Homeland Security Act of 2002, as added by section 1231(a); and (2) the term ``Department'' means the Department of Homeland Security. (b) Study and Report.--Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department shall conduct a study, in consultation with the Government Accountability Office when necessary, and submit to the appropriate committees of Congress a report on the prevalence and impact of bid protests on the acquisition process of the Department, in particular bid protests filed with the Government Accountability Office and the United States Court of Federal Claims. (c) Contents.--The report required under subsection (b) shall include-- (1) with respect to contracts with the Department-- (A) trends in the number of bid protests filed with Federal agencies, the Government Accountability Office, and Federal courts and the rate of those bid protests compared to contract obligations and the number of contracts; (B) an analysis of bid protests filed by incumbent contractors, including the rate at which those contractors are awarded bridge contracts or contract extensions over the period during which the bid protest remains unresolved; (C) a comparison of the number of bid protests and the outcome of bid protests for-- (i) awards of contracts compared to awards of task or delivery orders; (ii) contracts or orders primarily for products compared to contracts or orders primarily for services; (iii) protests filed pre-award to challenge the solicitation compared to those filed post-award; (iv) contracts or awards with single protestors compared to multiple protestors; and (v) contracts with single awards compared to multiple award contracts; (D) a description of trends in the number of bid protests filed as a percentage of contracts and as a percentage of task or delivery orders by the value of the contract or order with respect to-- (i) contracts valued at more than $300,000,000; (ii) contracts valued at not less than $50,000,000 and not more than $300,000,000; (iii) contracts valued at not less than $10,000,000 and not more than $50,000,000; and (iv) contracts valued at less than $10,000,000; (E) an assessment of the cost and schedule impact of successful and unsuccessful bid protests, as well as delineation of litigation costs, filed on major acquisitions with more than $100,000,000 in annual expenditures or $300,000,000 in life cycle costs; (F) an analysis of how often bid protestors are awarded the contract that was the subject of the bid protest; (G) a summary of the results of bid protests in which the Department took unilateral corrective action, including the average time for remedial action to be completed; (H) the time it takes the Department to implement corrective actions after a ruling or decision with respect to a bid protest, and the percentage of those corrective actions that are subsequently protested, including the outcome of any subsequent bid protest; (I) an analysis of those contracts with respect to which a company files a bid protest and later files a subsequent bid protest; and (J) an assessment of the overall time spent on preventing and responding to bid protests as it relates to the procurement process; and (2) any recommendations by the Inspector General of the Department relating to the study conducted under this section. SEC. 1234. PROHIBITION AND LIMITATIONS ON USE OF COST-PLUS CONTRACTS. (a) Definitions.--In this section-- (1) the term ``Department'' means the Department of Homeland Security; and (2) the term ``major acquisition program'' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as amended by this Act. (b) Prohibition.--Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall modify the acquisition regulations of the Department to prohibit the use of cost-type contracts, unless the head of contracting activity determines in writing that-- (1) a cost-type contract is required by the level of program risk; and (2) appropriate steps will be taken as soon as practicable to reduce that risk so that follow-on contracts for the same product or service can be awarded on a fixed-price basis, and delineates those steps in writing. (c) Major Acquisition Programs.-- (1) Prohibition.--The Department shall prohibit the use of cost-plus contracts with respect to procurements for the production of major acquisition programs. (2) Limitation on authorizing of cost-type contracts.--The Chief Procurement Officer of the Department, in consultation with the Acquisition Review Board required to be established under section 836 of the Homeland Security Act of 2002, as added by section 1221(a), may authorize the use of a cost- type contract for a major acquisition program only upon a written determination that-- (A) the major acquisition program is so complex and technically challenging that it is not practicable to use a contract type other than a cost-plus reimbursable contract for the development of the major acquisition program; (B) all reasonable efforts have been made to define the requirements sufficiently to allow for the use of a contract type other than a cost-plus reimbursable contract for the development of the major acquisition program; and (C) despite the efforts described in subparagraph (B), the Department cannot define requirements sufficiently to allow for the use of a contract type other than a cost-plus reimbursable contract for the development of the major acquisition program. SEC. 1235. BRIDGE CONTRACTS. (a) Definitions.--In this section-- (1) the terms ``acquisition program'' and ``congressional homeland security committees'' have the meanings given those terms in section 2 of the Homeland Security Act of 2002, as amended by this Act; (2) the term ``Department'' means the Department of Homeland Security; and (3) the term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code. (b) Policies and Procedures.--The Chief Procurement Officer of the Department shall develop, in consultation with the Office of Federal Procurement Policy-- [[Page S3798]] (1) a common definition of a bridge contract; and (2) policies and procedures for the Department that, to the greatest extent practicable, seek to-- (A) minimize the use of bridge contracts while providing for continuation of services to be performed through contracts; and (B) ensure appropriate planning by contracting officials. (c) Required Elements.--The policies and procedures developed under subsection (b) shall include the following elements: (1) Sufficient time and planning to review contract requirements, compete contracts as appropriate, enter into contracts, and consider the possibility of bid protests. (2) For contracts that do not meet timeliness standards or that require entering into bridge contracts, contracting officials shall notify the Chief Procurement Officer of the Department and the head of the component agency of the Department. (3) The Chief Procurement Officer of the Department shall approve any bridge contract that lasts longer than 6 months, and the head of the component agency of the Department shall approve any bridge contract that lasts longer than 1 year. (d) Public Notice.--The Chief Procurement Officer of the Department shall provide public notice not later than 30 days after entering into a bridge contract, which shall include the notice required under subsection (c)(2) to the extent that information is available. (e) Exceptions.--The policies and procedures developed under subsection (b) shall not apply to-- (1) service contracts in support of contingency operations, humanitarian assistance, or disaster relief; (2) service contracts in support of national security emergencies declared with respect to named operations; or (3) service contracts entered into pursuant to international agreements. (f) Reports.--Not later than September 30, 2020, and by September 30 of each subsequent year thereafter until 2025, the Chief Procurement Officer of the Department shall submit to the congressional homeland security committees and make publicly available on the website of the Department a report on the use of bridge contracts for all acquisition programs, which shall include-- (1) a common definition for a bridge contract, if in existence, that is used by contracting offices of Executive agencies; (2) the total number of bridge contracts entered into during the previous fiscal year; (3) the estimated value of each contract that required the use of a bridge contract and the cost of each such bridge contract; (4) the reasons for and cost of each bridge contract; (5) the types of services or goods being acquired under each bridge contract; (6) the length of the initial contract that required the use of a bridge contract, including the base and any exercised option years, and the cumulative length of any bridge contract or contracts related to the initial contract; (7) a description of how many of the contracts that required bridge contracts were the result of bid protests; (8) a description of existing statutory, regulatory, or agency guidance that the Department followed to execute each bridge contract; and (9) any other matters determined to be relevant by the Chief Procurement Officer of the Department. SEC. 1236. ACQUISITION REPORTS. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by section 1232, is amended by adding at the end the following: ``SEC. 839. ACQUISITION POLICIES AND GUIDANCE. ``(a) Program Accountability Report.--The Under Secretary for Management shall prepare and submit to the congressional homeland security committees a semi-annual program accountability report to meet the mandate of the Department to perform program health assessments and improve program execution and governance. ``(b) Level 3 Acquisition Programs of Components of the Department.-- ``(1) Identification.--Not later than 60 days after the date of enactment of this section, component heads of the Department shall identify to the Under Secretary for Management all level 3 acquisition programs of each respective component. ``(2) Certification.--Not later than 30 days after receipt of the information under paragraph (1), the Under Secretary for Management shall certify in writing to the congressional homeland security committees whether the heads of the components of the Department have properly identified the programs described in that paragraph. ``(3) Methodology.--To carry out this subsection, the Under Secretary shall establish a process with a repeatable methodology to continually identify level 3 acquisition programs. ``(c) Policies and Guidance.-- ``(1) Submission.--Not later than 180 days after the date of enactment of this section, the Component Acquisition Executives shall submit to the Under Secretary for Management the policies and relevant guidance for the level 3 acquisition programs of each component. ``(2) Certification.--Not later than 90 days after receipt of the policies and guidance under subparagraph (A), the Under Secretary shall certify in writing to the congressional homeland security committees that the policies and guidance of each component adhere to Department-wide acquisition policies.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1232, is amended by inserting after the item relating to section 838 the following: ``Sec. 839. Acquisition policies and guidance.''. TITLE III--INTELLIGENCE AND INFORMATION SHARING Subtitle A--Department of Homeland Security Intelligence Enterprise SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 1601(g) of this Act, is amended by adding at the end the following new section: ``SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE. ``(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Chief Intelligence Officer of the Department, in coordination with intelligence components of the Department, the Office of the General Counsel, the Privacy Office, and the Office for Civil Rights and Civil Liberties, shall develop and disseminate written Department-wide guidance for the processing, analysis, production, and dissemination of homeland security information (as such term is defined in section 892) and terrorism information (as such term is defined in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)). ``(b) Contents.--The guidance required under subsection (a) shall, at a minimum, include the following: ``(1) A description of guiding principles and purposes of the Department's intelligence enterprise. ``(2) A summary of the roles and responsibilities, if any, of each intelligence component of the Department and programs of the intelligence components of the Department in the processing, analysis, production, and dissemination of homeland security information and terrorism information, including relevant authorities and restrictions applicable to each intelligence component of the Department and programs of each such intelligence component. ``(3) Guidance for the processing, analysis, and production of such information, including descriptions of component or program specific datasets that facilitate the processing, analysis, and production. ``(4) Guidance for the dissemination of such information, including within the Department, among and between Federal departments and agencies, among and between State, local, tribal, and territorial governments, including law enforcement agencies, and with foreign partners and the private sector. ``(5) A statement of intent regarding how the dissemination of homeland security information and terrorism information to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) and Federal law enforcement agencies should assist the intelligence community and Federal law enforcement agencies in carrying out their respective missions. ``(6) A statement of intent regarding how the dissemination of homeland security information and terrorism information to State, local, tribal, and territorial government agencies, including law enforcement agencies, should assist the agencies in carrying out their respective missions. ``(c) Form.--The guidance required under subsection (a) shall be disseminated in unclassified form, but may include a classified annex. ``(d) Annual Review.--For each of the 5 fiscal years beginning with the first fiscal year that begins after the date of the enactment of this section, the Secretary shall conduct a review of the guidance required under subsection (a) and, as appropriate, revise such guidance.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1601(i) of this Act, is amended by inserting after the item relating to section 210E the following new item: ``Sec. 210F. Homeland intelligence doctrine.''. SEC. 1302. PERSONNEL FOR THE CHIEF INTELLIGENCE OFFICER. Section 201(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 121(e)(1)) is amended by adding at the end the following: ``The Secretary shall also provide the Chief Intelligence Officer with a staff having appropriate component intelligence program expertise and experience to assist the Chief Intelligence Officer.''. SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT ASSESSMENTS. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is further amended by adding at the end the following new sections: ``SEC. 210G. HOMELAND TERRORIST THREAT ASSESSMENTS. ``(a) In General.--Not later than 180 days after the date of the enactment of this section and for each of the following 5 fiscal years (beginning in the first fiscal year that [[Page S3799]] begins after the date of the enactment of this section), the Secretary, acting through the Under Secretary for Intelligence and Analysis, and using departmental information, including component information coordinated with each intelligence component of the Department and programs of each such intelligence component, and information provided through State and major urban area fusion centers, shall conduct an assessment of the terrorist threat to the homeland. ``(b) Contents.--Each assessment under subsection (a) shall include the following: ``(1) Empirical data assessing terrorist activities and incidents over time in the United States, including terrorist activities and incidents planned or supported by foreign or domestic terrorists or persons outside of the United States to occur in the homeland. ``(2) An evaluation of current terrorist tactics, as well as ongoing and possible future changes in terrorist tactics. ``(3) An assessment of criminal activity encountered or observed by officers or employees of components which is suspected of financing terrorist activity. ``(4) Detailed information on all individuals suspected of involvement in terrorist activity and subsequently-- ``(A) prosecuted for a Federal criminal offense, including details of the criminal charges involved; ``(B) placed into removal proceedings, including details of the removal processes and charges used; ``(C) denied entry into the United States, including details of the denial processes used; or ``(D) subjected to civil proceedings for revocation of naturalization. ``(5) The efficacy and reach of foreign and domestic terrorist organization propaganda, messaging, or recruitment, including details of any specific propaganda, messaging, or recruitment that contributed to terrorist activities identified pursuant to paragraph (1). ``(6) An assessment of threats, including cyber threats, to the homeland, including to critical infrastructure and Federal civilian networks. ``(7) An assessment of current and potential terrorism and criminal threats posed by individuals and organized groups seeking to unlawfully enter the United States. ``(8) An assessment of threats to the transportation sector, including surface and aviation transportation systems. ``(c) Additional Information.--The assessments required under subsection (a)-- ``(1) shall, to the extent practicable, utilize existing component data collected and existing component threat assessments; and ``(2) may incorporate relevant information and analysis from other agencies of the Federal Government, agencies of State and local governments (including law enforcement agencies), as well as the private sector, disseminated in accordance with standard information sharing procedures and policies. ``(d) Form.--The assessments required under subsection (a) shall be shared with the appropriate congressional committees and submitted in unclassified form, but may include separate classified annexes, if appropriate. ``SEC. 210H. REPORT ON TERRORISM PREVENTION ACTIVITIES OF THE DEPARTMENT. ``(a) Annual Report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress an annual report that shall include the following: ``(1) A description of the status of the programs and policies of the Department for countering violent extremism and similar activities in the United States. ``(2) A description of the efforts of the Department to cooperate with and provide assistance to other Federal departments and agencies. ``(3) Qualitative and quantitative metrics for evaluating the success of the programs and policies described in paragraph (1) and the steps taken to evaluate the success of those programs and policies. ``(4) An accounting of-- ``(A) grants and cooperative agreements awarded by the Department to counter violent extremism; and ``(B) all training specifically aimed at countering violent extremism sponsored by the Department. ``(5) In coordination with the Under Secretary for Intelligence and Analysis, an analysis of how the activities of the Department to counter violent extremism correspond and adapt to the threat environment. ``(6) A summary of how civil rights and civil liberties are protected in the activities of the Department to counter violent extremism. ``(7) An evaluation of the use of grants and cooperative agreements awarded under sections 2003 and 2004 to support efforts of local communities in the United States to counter violent extremism, including information on the effectiveness of those grants and cooperative agreements in countering violent extremism. ``(8) A description of how the Department incorporated lessons learned from the countering violent extremism programs and policies and similar activities of foreign, State, local, tribal, and territorial governments and stakeholder communities. ``(9) A description of the decision process used by the Department to rename or refocus the entities within the Department that are focused on the issues described in this subsection, including a description of the threat basis for that decision. ``(b) Annual Review.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Office for Civil Rights and Civil Liberties of the Department shall-- ``(1) conduct a review of the countering violent extremism and similar activities of the Department to ensure that all such activities of the Department respect the privacy, civil rights, and civil liberties of all persons; and ``(2) make publicly available on the website of the Department a report containing the results of the review conducted under paragraph (1).''. (b) Conforming Amendments.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) in section 201(d) (6 U.S.C. 121(d)), by adding at the end the following: ``(27) To carry out section 210G (relating to homeland terrorist threat assessments) and section 210H (relating to terrorism prevention activities).''; and (2) in section 2008(b)(1) (6 U.S.C. 609(b)(1))-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) to support any organization or group which has knowingly or recklessly funded domestic terrorism or international terrorism (as those terms are defined in section 2331 of title 18, United States Code) or organization or group known to engage in or recruit to such activities, as determined by the Secretary in consultation with the Administrator, the Under Secretary for Intelligence and Analysis, and the heads of other appropriate Federal departments and agencies.''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1301, is amended by inserting after the item relating to section 210F the following: ``Sec. 210G. Homeland terrorist threat assessments. ``Sec. 210H. Report on terrorism prevention activities of the Department.''. (d) Sunset.--Effective on the date that is 5 years after the date of enactment of this Act-- (1) section 210H of the Homeland Security Act of 2002, as added by subsection (a), is repealed; and (2) the table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by striking the item relating to section 210H. SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK. (a) In General.-- (1) Development.--The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections. (2) Requirements.--In developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included: (A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence. (B) Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary. (b) Data Framework Access.-- (1) In general.--The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines-- (A) have an appropriate security clearance; (B) are assigned to perform a function that requires access to information in such framework; and (C) are trained in applicable standards for safeguarding and using such information. (2) Guidance.--The Secretary of Homeland Security shall-- (A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and (B) ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs. (3) Efficiency.--The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable. (c) Exclusion of Information.--The Secretary of Homeland Security may exclude information from the data framework if the Secretary determines inclusion of such information may-- (1) jeopardize the protection of sources, methods, or activities; [[Page S3800]] (2) compromise a criminal or national security investigation; (3) be inconsistent with other Federal laws or regulations; or (4) be duplicative or not serve an operational purpose if included in such framework. (d) Safeguards.--The Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following: (1) Mechanisms for identifying insider threats. (2) Mechanisms for identifying security risks. (3) Safeguards for privacy, civil rights, and civil liberties. (e) Deadline for Implementation.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include the information described in subsection (a). (f) Notice to Congress.-- (1) Status updates.--The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until such framework is fully operational. (2) Operational notification.--Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational. (3) Value added.--The Secretary of Homeland Security shall include in each assessment required under section 210G(a) of the Homeland Security Act of 2002, as added by this Act, if applicable, a description of the use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland. (g) Definitions.--In this section: (1) Appropriate congressional committee.--The term ``appropriate congressional committee''-- (A) has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); and (B) includes the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Homeland.--The term ``homeland'' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (3) Homeland security information.--The term ``homeland security information'' has the meaning given such term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482). (4) Insider threat.--The term ``insider threat'' has the meaning given such term in section 104 of the Homeland Security Act of 2002, as added by section 1305. (5) National intelligence.--The term ``national intelligence'' has the meaning given such term in section 3(5) of the National Security Act of 1947 (50 U.S.C. 3003(5)). (6) Terrorism information.--The term ``terrorism information'' has the meaning given such term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PROGRAM. (a) In General.--Title I of the Homeland Security Act of 2002 (6 U.S.C. 111 et seq.) is amended by adding at the end the following: ``SEC. 104. INSIDER THREAT PROGRAM. ``(a) Establishment.--The Secretary shall establish an Insider Threat Program within the Department, which shall-- ``(1) provide training and education for employees of the Department to identify, prevent, mitigate, and respond to insider threat risks to the Department's critical assets; ``(2) provide investigative support regarding potential insider threats that may pose a risk to the Department's critical assets; and ``(3) conduct risk mitigation activities for insider threats. ``(b) Steering Committee.-- ``(1) In general.-- ``(A) Establishment.--The Secretary shall establish a Steering Committee within the Department. ``(B) Membership.--The membership of the Steering Committee shall be as follows: ``(i) The Under Secretary for Management and the Under Secretary for Intelligence and Analysis shall serve as the Co-Chairpersons of the Steering Committee. ``(ii) The Chief Security Officer, as the designated Senior Insider Threat Official, shall serve as the Vice Chairperson of the Steering Committee. ``(iii) The other members of the Steering Committee shall be comprised of representatives of-- ``(I) the Office of Intelligence and Analysis; ``(II) the Office of the Chief Information Officer; ``(III) the Office of the General Counsel; ``(IV) the Office for Civil Rights and Civil Liberties; ``(V) the Privacy Office; ``(VI) the Office of the Chief Human Capital Officer; ``(VII) the Office of the Chief Financial Officer; ``(VIII) the Federal Protective Service; ``(IX) the Office of the Chief Procurement Officer; ``(X) the Science and Technology Directorate; and ``(XI) other components or offices of the Department as appropriate. ``(C) Meetings.--The members of the Steering Committee shall meet on a regular basis to discuss cases and issues related to insider threats to the Department's critical assets, in accordance with subsection (a). ``(2) Responsibilities.--Not later than 1 year after the date of the enactment of this section, the Under Secretary for Management, the Under Secretary for Intelligence and Analysis, and the Chief Security Officer, in coordination with the Steering Committee, shall-- ``(A) develop a holistic strategy for Department-wide efforts to identify, prevent, mitigate, and respond to insider threats to the Department's critical assets; ``(B) develop a plan to implement the insider threat measures identified in the strategy developed under subparagraph (A) across the components and offices of the Department; ``(C) document insider threat policies and controls; ``(D) conduct a baseline risk assessment of insider threats posed to the Department's critical assets; ``(E) examine programmatic and technology best practices adopted by the Federal Government, industry, and research institutions to implement solutions that are validated and cost-effective; ``(F) develop a timeline for deploying workplace monitoring technologies, employee awareness campaigns, and education and training programs related to identifying, preventing, mitigating, and responding to potential insider threats to the Department's critical assets; ``(G) consult with the Under Secretary for Science and Technology and other appropriate stakeholders to ensure the Insider Threat Program is informed, on an ongoing basis, by current information regarding threats, best practices, and available technology; and ``(H) develop, collect, and report metrics on the effectiveness of the Department's insider threat mitigation efforts. ``(c) Preservation of Merit System Rights.-- ``(1) In general.--The Steering Committee shall not seek to, and the authorities provided under this section shall not be used to, deter, detect, or mitigate disclosures of information by Government employees or contractors that are lawful under and protected by section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) (commonly known as the `Intelligence Community Whistleblower Protection Act of 1998'), chapter 12 or 23 of title 5, United States Code, the Inspector General Act of 1978 (5 U.S.C. App.), or any other whistleblower statute, regulation, or policy. ``(2) Implementation.-- ``(A) In general.--Any activity carried out under this section shall be subject to section 115 of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note). ``(B) Required statement.--Any activity to implement or enforce any insider threat activity or authority under this section or Executive Order 13587 (50 U.S.C. 3161 note) shall include the statement required by section 115 of the Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) that preserves rights under whistleblower laws and section 7211 of title 5, United States Code, protecting communications with Congress. ``(d) Definitions.--In this section: ``(1) Critical assets.--The term `critical assets' means the resources, including personnel, facilities, information, equipment, networks, or systems necessary for the Department to fulfill its mission. ``(2) Employee.--The term `employee' has the meaning given the term in section 2105 of title 5, United States Code. ``(3) Insider.--The term `insider' means-- ``(A) any person who has or had authorized access to Department facilities, information, equipment, networks, or systems and is employed by, detailed to, or assigned to the Department, including members of the Armed Forces, experts or consultants to the Department, industrial or commercial contractors, licensees, certificate holders, or grantees of the Department, including all subcontractors, personal services contractors, or any other category of person who acts for or on behalf of the Department, as determined by the Secretary; or ``(B) State, local, tribal, territorial, and private sector personnel who possess security clearances granted by the Department. ``(4) Insider threat.--The term `insider threat' means the threat that an insider will use his or her authorized access, wittingly or unwittingly, to do harm to the security of the United States, including damage to the United States through espionage, terrorism, the unauthorized disclosure of classified national security information, or through the loss or degradation of departmental resources or capabilities. ``(5) Steering committee.--The term `Steering Committee' means the Steering Committee established under subsection (b)(1)(A).''. (b) Report.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and once every 2 years thereafter for the following 4-year period, the Secretary of Homeland Security shall submit to the Committee [[Page S3801]] on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on-- (A) how the Department of Homeland Security, including the components and offices of the Department of Homeland Security, have implemented the strategy developed under section 104(b)(2)(A) of the Homeland Security Act of 2002, as added by this Act; (B) the status of the risk assessment of critical assets being conducted by the Department of Homeland Security; (C) the types of insider threat training conducted; (D) the number of employees of the Department of Homeland Security who have received insider threat training; and (E) information on the effectiveness of the Insider Threat Program (established under section 104(a) of the Homeland Security Act of 2002, as added by this Act), based on metrics developed, collected, and reported pursuant to subsection (b)(2)(H) of such section 104. (2) Definitions.--In this subsection, the terms ``critical assets'', ``insider'', and ``insider threat'' have the meanings given the terms in section 104 of the Homeland Security Act of 2002 (as added by this Act). (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by inserting after the item relating to section 103 the following: ``Sec. 104. Insider Threat Program.''. SEC. 1306. REPORT ON APPLICATIONS AND THREATS OF BLOCKCHAIN TECHNOLOGY. (a) Definitions.--In this section: (1) Appropriate committees of congress.--In this section, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives. (2) Foreign terrorist organization.--The term ``foreign terrorist organization'' means an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (4) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined to be a government that has repeatedly provided support for acts of international terrorism for purposes of-- (A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); (B) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (D) any other provision of law. (b) Report Required.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, the Attorney General, the Director of National Intelligence, and the heads of such other departments and agencies of the Federal Government as the Secretary considers appropriate, shall provide to the appropriate committees of Congress a report on the applications and threats of blockchain technology. (c) Elements.--The report required under subsection (b) shall include-- (1) an assessment of potential offensive and defensive cyber applications of blockchain technology and other distributed ledger technologies; (2) an assessment of the actual and potential threat posed by individuals and state sponsors of terrorism using distributed ledger-enabled currency and other emerging financial technological capabilities to carry out activities in furtherance of an act of terrorism, including the provision of material support or resources to a foreign terrorist organization; (3) an assessment of the use or planned use of such technologies by the Federal Government and critical infrastructure networks; and (4) a threat assessment of efforts by foreign powers, foreign terrorist organizations, and criminal networks to utilize such technologies and related threats to the homeland, including an assessment of the vulnerabilities of critical infrastructure networks to related cyberattacks. (d) Form of Report.--The report required under subsection (b) shall be provided in unclassified form, but may include a classified supplement. (e) Distribution.--Consistent with the protection of classified and confidential unclassified information, the Under Secretary for Intelligence and Analysis shall share the threat assessment developed under this section with State, local, and tribal law enforcement officials, including officials that operate within fusion centers in the National Network of Fusion Centers. SEC. 1307. TRANSNATIONAL CRIMINAL ORGANIZATIONS THREAT ASSESSMENT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary for Intelligence and Analysis shall, in coordination with appropriate Federal partners, develop and disseminate a threat assessment on whether transnational criminal organizations are exploiting United States border security vulnerabilities in border security screening programs to gain access to the United States and threaten the United States or border security. (b) Recommendations.--Upon completion of the threat assessment required under subsection (a), the Secretary of Homeland Security shall make a determination if any changes are required to address security vulnerabilities identified in such assessment. (c) Distribution.--Consistent with the protection of classified and confidential unclassified information, the Under Secretary for Intelligence and Analysis shall share the threat assessment developed under this section with State, local, and tribal law enforcement officials, including officials that operate within fusion centers in the National Network of Fusion Centers. SEC. 1308. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS ADVISORY BOARD. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended by adding at the end the following: ``SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTER THREATS. ``(a) Establishment.--There is authorized in the Department, for a period of 2 years beginning after the date of enactment of this section, a Counter Threats Advisory Board (in this section referred to as the `Board') which shall-- ``(1) be composed of senior representatives of departmental operational components and headquarters elements; and ``(2) coordinate departmental intelligence activities and policy and information related to the mission and functions of the Department that counter threats. ``(b) Charter.--There shall be a charter to govern the structure and mission of the Board, which shall-- ``(1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and ``(2) be reviewed and updated as appropriate. ``(c) Members.-- ``(1) In general.--The Board shall be composed of senior representatives of departmental operational components and headquarters elements. ``(2) Chair.--The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board. ``(3) Members.--The Secretary shall appoint additional members of the Board from among the following: ``(A) The Transportation Security Administration. ``(B) U.S. Customs and Border Protection. ``(C) U.S. Immigration and Customs Enforcement. ``(D) The Federal Emergency Management Agency. ``(E) The Coast Guard. ``(F) U. S. Citizenship and Immigration Services. ``(G) The United States Secret Service. ``(H) The Cybersecurity and Infrastructure Security Agency. ``(I) The Office of Operations Coordination. ``(J) The Office of the General Counsel. ``(K) The Office of Intelligence and Analysis. ``(L) The Office of Strategy, Policy, and Plans. ``(M) The Science and Technology Directorate. ``(N) The Office for State and Local Law Enforcement. ``(O) The Privacy Office. ``(P) The Office for Civil Rights and Civil Liberties. ``(Q) Other departmental offices and programs as determined appropriate by the Secretary. ``(d) Meetings.--The Board shall-- ``(1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners; and ``(2) make recommendations to the Secretary. ``(e) Terrorism Alerts.--The Board shall advise the Secretary on the issuance of terrorism alerts under section 203. ``(f) Prohibition on Additional Funds.--No additional funds are authorized to carry out this section.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), as amended by section 1303, is amended by inserting after the item relating to section 210H the following: ``Sec. 210I. Departmental coordination to counter threats.''. (c) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Chair of the Counter Threats Advisory Board established under section 210I of the Homeland Security Act of 2002, as added by [[Page S3802]] subsection (a), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the status and activities of the Counter Threats Advisory Board. (d) Notice.--The Department of Homeland Security shall provide written notification to and brief the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate and the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives on any changes to or introductions of new mechanisms to coordinate threats across the Department. SEC. 1309. BRIEFING ON PHARMACEUTICAL-BASED AGENT THREATS. (a) Briefing Required.--Not later than 120 days after the date of enactment of this Act, the Assistant Secretary for the Countering Weapons of Mass Destruction Office, in consultation with other departments and agencies of the Federal Government as the Assistant Secretary considers appropriate, shall brief the appropriate congressional committees on threats related to pharmaceutical-based agents. The briefing shall incorporate, and the Assistant Secretary shall update as necessary, any related Terrorism Risk Assessments or Material Threat Assessments related to the threat. (b) Elements.--The briefing under subsection (a) shall include-- (1) an assessment of threats from individuals or organizations using pharmaceutical-based agents to carry out activities in furtherance of any act of terrorism; (2) an assessment of materiel and non-materiel capabilities within the Federal Government to deter and manage the consequences of such an attack; and (3) a strategy to address any identified capability gaps to deter and manage the consequences of any act of terrorism using pharmaceutical-based agents. (c) Form of Briefing.--The briefing under subsection (a) may be provided in classified form. (d) Definitions.--In this section: (1) Appropriate congressional committee.--The term ``appropriate congressional committee'' has the meaning given that term under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (2) Pharmaceutical-based agent.--The term ``pharmaceutical- based agent'' means a chemical, including fentanyl, carfentanil, and related analogues, which affects the central nervous system and has the potential to be used as a chemical weapon. Subtitle B--Stakeholder Information Sharing SEC. 1311. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP INITIATIVE. (a) In General.--Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended-- (1) by amending the section heading to read as follows: ``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP INITIATIVE.''; (2) in subsection (a), by adding at the end the following: ``Beginning on the date of enactment of the Department of Homeland Security Authorization Act, such Initiative shall be known as the `Department of Homeland Security Fusion Center Partnership Initiative'.''; (3) by amending subsection (b) to read as follows: ``(b) Interagency Support and Coordination.--Through the Department of Homeland Security Fusion Center Partnership Initiative, in coordination with principal officials of fusion centers in the National Network of Fusion Centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall-- ``(1) coordinate with the heads of other Federal departments and agencies to provide operational, analytic, and reporting intelligence advice and assistance to the National Network of Fusion Centers and to align homeland security intelligence activities with other field based intelligence activities; ``(2) support the integration of fusion centers into the information sharing environment, including by-- ``(A) providing for the effective dissemination of information within the scope of the information sharing environment to the National Network of Fusion Centers; ``(B) conducting outreach to such fusion centers to identify any gaps in information sharing; ``(C) consulting with other Federal agencies to develop methods to-- ``(i) address any such gaps identified under subparagraph (B), as appropriate; and ``(ii) deploy or access such databases and datasets, as appropriate; and ``(D) review information that is gathered by the National Network of Fusion Centers to identify that which is within the scope of the information sharing environment, including homeland security information (as defined in section 892), terrorism information, and weapons of mass destruction information and incorporate such information, as appropriate, into the Department's own such information; ``(3) facilitate close communication and coordination between the National Network of Fusion Centers and the Department and other Federal departments and agencies; ``(4) facilitate information sharing and expertise from the national cybersecurity and communications integration center under section 2209 to the National Network of Fusion Centers; ``(5) coordinate the provision of training and technical assistance, including training on the use of Federal databases and datasets described in paragraph (2), to the National Network of Fusion Centers and encourage participating fusion centers to take part in terrorism threat-related exercises conducted by the Department; ``(6) ensure the dissemination of cyber threat indicators and information about cybersecurity risks and incidents to the national Network of Fusion Centers; ``(7) ensure that each fusion center in the National Network of Fusion Centers has a privacy policy approved by the Chief Privacy Officer of the Department and a civil rights and civil liberties policy approved by the Officer for Civil Rights and Civil Liberties of the Department; ``(8) develop and disseminate best practices on the appropriate levels for staffing at fusion centers in the National Network of Fusion Centers of qualified representatives from State, local, tribal, and territorial law enforcement, fire, emergency medical, and emergency management services, and public health disciplines, as well as the private sector; ``(9) to the maximum extent practicable, provide guidance, training, and technical assistance to ensure fusion centers operate in accordance with and in a manner that protects privacy, civil rights, and civil liberties afforded by the Constitution of the United States; ``(10) to the maximum extent practicable, provide guidance, training, and technical assistance to ensure fusion centers are appropriately aligned with and able to meaningfully support Federal homeland security, national security, and law enforcement efforts, including counterterrorism; ``(11) encourage the full participation of the National Network of Fusion Centers in all assessment and evaluation efforts conducted by the Department; ``(12) track all Federal funding provided to each fusion center on an individualized basis as well as by funding source; ``(13) ensure that none of the departmental information or data provided or otherwise made available to fusion center personnel is improperly disseminated, accessed for unauthorized purposes, or otherwise used in a manner inconsistent with Department guidance; and ``(14) carry out such other duties as the Secretary determines appropriate.''; (4) in subsection (c)-- (A) in the heading, by striking ``Personnel Assignment'' and inserting ``Resource Allocation''; (B) by striking paragraphs (1) and (2) and inserting the following: ``(1) Information sharing and personnel assignment.-- ``(A) Information sharing.--The Under Secretary for Intelligence and Analysis shall ensure that, as appropriate-- ``(i) fusion centers in the National Network of Fusion Centers have access to homeland security information sharing systems; and ``(ii) Department personnel are deployed to support fusion centers in the National Network of Fusion Centers in a manner consistent with the mission of the Department. ``(B) Personnel assignment.--Department personnel referred to in subparagraph (A)(ii) may include the following: ``(i) Intelligence officers. ``(ii) Intelligence analysts. ``(iii) Other liaisons from components and offices of the Department, as appropriate. ``(C) Memoranda of understanding.--The Under Secretary for Intelligence and Analysis shall negotiate memoranda of understanding between the Department and a State or local government, in coordination with the appropriate representatives from fusion centers in the National Network of Fusion Centers, regarding the exchange of information between the Department and such fusion centers. Such memoranda shall include the following: ``(i) The categories of information to be provided by each entity to the other entity that are parties to any such memoranda. ``(ii) The contemplated uses of the exchanged information that is the subject of any such memoranda. ``(iii) The procedures for developing joint products. ``(iv) The information sharing dispute resolution processes. ``(v) Any protections necessary to ensure the exchange of information accords with applicable law and policies. ``(2) Sources of support.--Information shared and personnel assigned pursuant to paragraph (1) may be shared or provided, as the case may be, by the following Department components and offices, in coordination with the respective component or office head and in consultation with the principal officials of fusion centers in the National Network of Fusion Centers: ``(A) The Office of Intelligence and Analysis. ``(B) Cybersecurity and Infrastructure Security Agency. ``(C) The Transportation Security Administration. ``(D) U.S. Customs and Border Protection. ``(E) U.S. Immigration and Customs Enforcement. ``(F) The Coast Guard. [[Page S3803]] ``(G) The national cybersecurity and communications integration center under section 2209. ``(H) Other components or offices of the Department, as determined by the Secretary.''; (C) in paragraph (3)-- (i) in the heading, by striking ``Qualifying criteria'' and inserting ``Resource allocation criteria''; and (ii) by striking subparagraph (A) and inserting the following: ``(A) In general.--The Secretary shall make available criteria for sharing information and deploying personnel to support a fusion center in the National Network of Fusion Centers in a manner consistent with the Department's mission and existing statutory limits.''; and (D) in paragraph (4)(B), in the matter preceding clause (i), by inserting ``in which such fusion center is located'' after ``region''; (5) in subsection (d)-- (A) in paragraph (3), by striking ``and'' at the end; (B) by redesignating paragraph (4) as paragraph (5); (C) by inserting after paragraph (3) the following: ``(4) assist, in coordination with the national cybersecurity and communications integration center under section 2209, fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture;''; (D) in paragraph (5), as so redesignated-- (i) by striking ``government'' and inserting ``governments''; and (ii) by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(6) use Department information, including information held by components and offices, to develop analysis focused on the mission of the Department under section 101(b).''; (6) in subsection (e)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--To the greatest extent practicable, the Secretary shall make it a priority to allocate resources, including departmental component personnel with relevant expertise, to support the efforts of fusion centers along land or maritime borders of the United States to facilitate law enforcement agency identification, investigation, and interdiction of persons, weapons, and related contraband that pose a threat to homeland security.''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``participating State, local, and regional fusion centers'' and inserting ``fusion centers in the National Network of Fusion Centers''; (7) in subsection (j)-- (A) by redesignating paragraph (5) as paragraph (7); (B) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (C) by inserting before paragraph (2) the following: ``(1) the term `cybersecurity risk' has the meaning given such term in section 2209;''. (D) in paragraph (5), as so redesignated, by striking ``and'' at the end; and (E) by inserting after such paragraph (5) the following new paragraph: ``(6) the term `National Network of Fusion Centers' means a decentralized arrangement of fusion centers intended to enhance individual State and urban area fusion centers' ability to leverage the capabilities and expertise of all fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally; and''; and (8) by striking subsection (k). (b) Report.--Not later than 1 year after the date of the enactment of this Act and annually thereafter through 2024, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall report to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate on the value of fusion center intelligence products and the expenditure of authorized funds for the support and coordination of the National Network of Fusion Centers as specified in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by subsection (a). (c) Report on Federal Databases.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the Federal databases and datasets that address any gaps identified pursuant to section 210A(b)(2)(B) of the Homeland Security Act of 2002, as amended by subsection (a), including databases and datasets used, operated, or managed by Department components, the Department of Justice, including the Federal Bureau of Investigation and the Drug Enforcement Administration, and the Department of the Treasury, that are appropriate, in accordance with Federal laws and policies, for inclusion in the information sharing environment. (d) Technical and Conforming Amendments.-- (1) Section 2103(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 623(c)(1)) is amended by striking ``210A(j)(1)'' and inserting ``210A(j)''. (2) The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by striking the item relating to section 210A and inserting the following: ``Sec. 210A. Department of Homeland Security Fusion Center Partnership Initiative.''. (e) Reference.--Any reference in any law, rule, or regulation to the Department of Homeland Security State, Local, and Regional Fusion Center Initiative shall be deemed to be a reference to the Department of Homeland Security Fusion Center Partnership Initiative. SEC. 1312. FUSION CENTER PERSONNEL NEEDS ASSESSMENT. (a) Assessment.-- (1) In general.--Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of Department of Homeland Security personnel assigned to fusion centers pursuant to section 210A(c) of the Homeland Security Act of 2002 (6 U.S.C. 124h(c)), as amended by this Act, including an assessment of whether deploying additional Department personnel to such fusion centers would enhance the Department's mission under section 101(b) of such Act (6 U.S.C. 111(b)) and the National Network of Fusion Centers. (2) Contents.--The assessment required under this subsection shall include the following: (A) Information on the current deployment of the Department's personnel to each fusion center. (B) Information on the roles and responsibilities of the Department's Office of Intelligence and Analysis intelligence officers, intelligence analysts, senior reports officers, reports officers, and regional directors deployed to fusion centers. (C) Information on Federal resources, in addition to personnel, provided to each fusion center. (D) An assessment of fusion centers located in jurisdictions along land and maritime borders of the United States, and the degree to which deploying personnel, as appropriate, from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such fusion centers would enhance the integrity and security at such borders by helping Federal, State, local, tribal, and territorial law enforcement authorities to identify, investigate, and interdict persons, weapons, and related contraband that pose a threat to homeland security. (b) Definitions.--In this section, the terms ``fusion center'' and ``National Network of Fusion Centers'' have the meanings given those terms in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this Act. SEC. 1313. STRATEGY FOR FUSION CENTERS SUPPORTING COUNTERNARCOTICS INITIATIVES THROUGH INTELLIGENCE INFORMATION SHARING AND ANALYSIS. Not later than 180 days after the date of enactment of this Act, the Under Secretary for Intelligence and Analysis shall submit to Congress a strategy for how the National Network of Fusion Centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this Act) will support law enforcement counternarcotics activities and investigations through intelligence information sharing and analysis, including providing guidelines and best practices to fusion center leadership and personnel. SEC. 1314. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES. (a) Sense of Congress.--It is the sense of Congress that any program established by the Under Secretary for Intelligence and Analysis of the Department of Homeland Security to provide eligibility for access to information classified as Top Secret for State, local, tribal, and territorial analysts located in fusion centers shall be consistent with the need to know requirements pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note). (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on the following: (1) The process by which the Under Secretary for Intelligence and Analysis determines a need to know pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note) to sponsor Top Secret clearances for appropriate State, local, tribal, and territorial analysts located in fusion centers. (2) The effects of such Top Secret clearances on enhancing information sharing with State, local, tribal, and territorial partners. (3) The cost for providing such Top Secret clearances for State, local, tribal, and territorial analysts located in fusion centers, including training and background investigations. (4) The operational security protocols, training, management, and risks associated with providing such Top Secret clearances for State, local, tribal, and territorial analysts located in fusion centers. (c) Definition.--In this section, the term ``fusion center'' has the meaning given the [[Page S3804]] term in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this Act. SEC. 1315. INFORMATION TECHNOLOGY ASSESSMENT. (a) In General.--The Under Secretary for Intelligence and Analysis of the Department of Homeland Security, in collaboration with the Chief Information Officer of the Department of Homeland Security and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems used to share homeland security information between the Department of Homeland Security and fusion centers in the National Network of Fusion Centers and make upgrades to such systems, as appropriate. Such assessment shall include the following: (1) An evaluation of the security, accessibility, and ease of use of such systems by fusion centers in the National Network of Fusion Centers. (2) A review to determine how to establish improved interoperability of departmental information systems with existing information systems used by fusion centers in the National Network of Fusion Centers. (3) An evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with fusion centers in the National Network of Fusion Centers. (b) Definitions.--In this section-- (1) the terms ``fusion center'' and ``National Network of Fusion Centers'' have the meanings given those terms in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this Act; (2) the term ``homeland security information'' has the meaning given the term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482); and (3) the term ``information systems'' has the meaning given the term in section 3502 of title 44, United States Code. SEC. 1316. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED FACILITY INVENTORY. (a) In General.--The Secretary of Homeland Security shall, to the extent practicable-- (1) maintain an inventory of those Department of Homeland Security facilities that the Department certifies to house classified infrastructure or systems at the Secret level and above; (2) update such inventory on a regular basis; and (3) share part or all of such inventory with personnel as determined appropriate by the Secretary of Homeland Security. (b) Inventory.--The inventory of facilities described in subsection (a) may include-- (1) the location of such facilities; (2) the attributes and capabilities of such facilities (including the clearance level of the facility, the square footage of, the total capacity of, the number of workstations in, document storage, and the number of conference rooms in, such facilities); (3) the entities that operate such facilities; and (4) the date of establishment of such facilities. SEC. 1317. TERROR INMATE INFORMATION SHARING. (a) In General.--The Secretary of Homeland Security, in coordination with the Attorney General and in consultation with other appropriate Federal officials, shall, as appropriate, share with the National Network of Fusion Centers through the Department of Homeland Security Fusion Center Partnership Initiative under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by this Act, as well as other relevant law enforcement entities, release information from a Federal correctional facility, including the name, charging date, and expected place and date of release, of certain individuals who may pose a terrorist threat. (b) Scope.--The information shared under subsection (a) shall be-- (1) for homeland security purposes; and (2) regarding individuals convicted of a Federal crime of terrorism (as defined in section 2332b of title 18, United States Code). (c) Periodic Threat Assessments.--Consistent with the protection of classified information and controlled unclassified information, the Secretary of Homeland Security shall coordinate with appropriate Federal officials to provide the National Network of Fusion Centers described in subsection (a) with periodic assessments regarding the overall threat from known or suspected terrorists currently incarcerated in a Federal correctional facility, including the assessed risks of such populations engaging in terrorist activity upon release. (d) Privacy Protections.--Prior to implementing subsection (a), the Secretary of Homeland Security shall receive input and advice from the Officer for Civil Rights and Civil Liberties, the Officer for Privacy and the Chief Intelligence Officer of the Department of Homeland Security. (e) Rule of Construction.--Nothing in this section may be construed as requiring the establishment of a list or registry of individuals convicted of terrorism. (f) Definition.--In this section, the term ``fusion center'' has the meaning given the term in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this Act. SEC. 1318. ANNUAL REPORT ON OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT. Section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Report.--For each of fiscal years 2019 through 2023, the Assistant Secretary for State and Local Law Enforcement shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the activities of the Office for State and Local Law Enforcement. Each such report shall include, for the fiscal year covered by the report, a description of each of the following: ``(A) Efforts to coordinate and share information regarding Department and component agency programs with State, local, and tribal law enforcement agencies. ``(B) Efforts to improve information sharing through the Homeland Security Information Network by appropriate component agencies of the Department and by State, local, and tribal law enforcement agencies. ``(C) The status of performance metrics within the Office for State and Local Law Enforcement to evaluate the effectiveness of efforts to carry out responsibilities set forth within this subsection. ``(D) Any feedback from State, local, and tribal law enforcement agencies about the Office for State and Local Law Enforcement, including the mechanisms utilized to collect such feedback. ``(E) Efforts to carry out all other responsibilities of the Office for State and Local Law Enforcement.''. SEC. 1319. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY TRAINING, PUBLICATIONS, PROGRAMS, AND SERVICES FOR STATE, LOCAL, TRIBAL, AND TERRITORIAL LAW ENFORCEMENT AGENCIES. Section 2006(b)(4) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)(4)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ``(G) produce an annual catalog that summarizes opportunities for training, publications, programs, and services available to State, local, tribal, and territorial law enforcement agencies from the Department and from each component and office within the Department and, not later than 30 days after the date of such production, disseminate the catalog, including by-- ``(i) making such catalog available to State, local, tribal, and territorial law enforcement agencies, including by posting the catalog on the website of the Department and cooperating with national organizations that represent such agencies; ``(ii) making such catalog available through the Homeland Security Information Network; and ``(iii) submitting such catalog to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(H) in coordination with appropriate components and offices of the Department and other Federal agencies, develop, maintain, and make available information on Federal resources intended to support fusion center access to Federal information and resources.''. SEC. 1320. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by subtitle A of this Act, is amended by adding at the end the following: ``SEC. 210J. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(a) In General.--The Office of Intelligence and Analysis of the Department shall-- ``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, or nuclear materials against the United States; ``(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; ``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2), including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; ``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; ``(5) share information and provide tailored analytical support on these threats to State, local, and tribal authorities, other Federal agencies, and relevant national biosecurity [[Page S3805]] and biodefense stakeholders, as appropriate; and ``(6) perform other responsibilities, as assigned by the Secretary. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the Countering Weapons of Mass Destruction Office, the National Biosurveillance Integration Center, other agencies within the intelligence community, including the National Counter Proliferation Center, and other Federal, State, local, and tribal authorities, including officials from high-threat urban areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how such entities can provide information to the Department. ``(c) Definitions.--In this section: ``(1) Fusion center.--The term `fusion center' has the meaning given the term in section 210A. ``(2) Intelligence community.--The term `intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). ``(3) National biosecurity and biodefense stakeholders.-- The term `national biosecurity and biodefense stakeholders' means officials from Federal, State, local, and tribal authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by subtitle A of this title, is amended by inserting after the item relating to section 210I the following: ``Sec. 210J. Chemical, biological, radiological, and nuclear intelligence and information sharing.''. (c) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Homeland Security shall report to the appropriate congressional committees on-- (A) the intelligence and information sharing activities under section 210I of the Homeland Security Act of 2002 (as added by subsection (a) of this section) and of all relevant entities within the Department of Homeland Security to counter the threat from attacks using chemical, biological, radiological, or nuclear materials; and (B) the Department's activities in accordance with relevant intelligence strategies. (2) Assessment of implementation.--The reports required under paragraph (1) shall include-- (A) an assessment of the progress of the Office of Intelligence and Analysis of the Department of Homeland Security in implementing such section 210I; and (B) a description of the methods established to carry out such assessment. (3) Termination.--This subsection shall terminate on the date that is 5 years after the date of enactment of this Act. (4) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives; (B) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (C) any other committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. (d) Dissemination of Information Analyzed by the Department to State, Local, Tribal, and Private Entities With Responsibilities Relating to Homeland Security.--Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(8)) is amended by striking ``and to agencies of State'' and all that follows through the period at the end and inserting ``to State, local, and tribal governments and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''. SEC. 1321. DUTY TO REPORT. (a) Duty Imposed.--Except as provided in subsection (c), whenever an act of terrorism occurs in the United States, it shall be the duty of the primary Government agency investigating such act to submit, in collaboration with the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, and, as appropriate, the Director of the National Counterterrorism Center, an unclassified report (which may be accompanied by a classified annex) to Congress concerning such act not later than 1 year after the completion of the investigation. Reports required under this subsection may be combined into a quarterly report to Congress. (b) Content of Reports.--Each report under this section shall include-- (1) a statement of the facts of the act of terrorism referred to in subsection (a), as known at the time of the report; (2) an explanation of any gaps in national security that could be addressed to prevent future acts of terrorism; (3) any recommendations for additional measures that could be taken to improve homeland security, including potential changes in law enforcement practices or changes in law, with particular attention to changes that could help prevent future acts of terrorism; and (4) a summary of the report for public distribution. (c) Exception.--The duty established under subsection (a) shall not apply in instances in which the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, or the head of the National Counterterrorism Center determines that the information required to be reported could jeopardize an ongoing investigation or prosecution. In such instances, the principal making such determination shall notify Congress of such determination before the first anniversary of the completion of the investigation described in such subsection. (d) Defined Term.--In this section, the term ``act of terrorism'' has the meaning given the term in section 3077 of title 18, United States Code. SEC. 1322. STRATEGY FOR INFORMATION SHARING REGARDING NARCOTICS TRAFFICKING IN INTERNATIONAL MAIL. Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, and other Federal agencies, as appropriate, shall submit to Congress a strategy to share counternarcotics information related to international mail, including information about best practices and known shippers of illegal narcotics, between-- (1) Department of Homeland Security components; (2) the United States Postal Service; (3) express consignment operators; (4) peer-to-peer payment platforms; and (5) other appropriate stakeholders. SEC. 1323. CONSTITUTIONAL LIMITATIONS. All intelligence gathering and information sharing activities conducted by the Department of Homeland Security under this title or an amendment made by this title shall be carried out in accordance with the rights and protections afforded by the Constitution of the United States. TITLE IV--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS Subtitle A--Grants, Training, Exercises, and Coordination SEC. 1401. URBAN AREA SECURITY INITIATIVE. Section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) is amended-- (1) in subsection (b)(2)(A), in the matter preceding clause (i), by inserting ``, using the most up-to-date data available,'' after ``assessment''; (2) in subsection (d)(2), by amending subparagraph (B) to read as follows: ``(B) Funds retained.--To ensure transparency and avoid duplication, a State shall provide each relevant high-risk urban area with a detailed accounting of the items, services, or activities on which any funds retained by the State under subparagraph (A) are to be expended. Such accounting shall be provided not later than 90 days after the date on which such funds are retained.''; and (3) by striking subsection (e) and inserting the following new subsections: ``(e) Threat and Hazard Identification Risk Assessment and Capability Assessment.--As a condition of receiving a grant under this section, each high-risk urban area shall submit to the Administrator a threat and hazard identification and risk assessment and capability assessment-- ``(1) at such time and in such form as is required by the Administrator; and ``(2) consistent with the Federal Emergency Management Agency's Comprehensive Preparedness Guide 201, Second Edition, or such successor document or guidance as is issued by the Administrator. ``(f) Period of Performance.--The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.''. SEC. 1402. STATE HOMELAND SECURITY GRANT PROGRAM. Section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) is amended by striking subsection (f) and inserting the following new subsections: ``(f) Threat and Hazard Identification and Risk Assessment and Capability Assessment.-- ``(1) In general.--As a condition of receiving a grant under this section, each State shall submit to the Administrator a threat and hazard identification and risk assessment and capability assessment-- ``(A) at such time and in such form as is required by the Administrator; and ``(B) consistent with the Federal Emergency Management Agency's Comprehensive Preparedness Guide 201, Second Edition, or such successor document or guidance as is issued by the Administrator. ``(2) Collaboration.--In developing the threat and hazard identification and risk assessment under paragraph (1), a State shall solicit input from local and tribal governments, including first responders, and, as appropriate, nongovernmental and private sector stakeholders. ``(3) First responders defined.--In this subsection, the term `first responders'-- ``(A) means an emergency response provider; and [[Page S3806]] ``(B) includes representatives of local governmental and nongovernmental fire, law enforcement, emergency management, and emergency medical personnel. ``(g) Period of Performance.--The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.''. SEC. 1403. GRANTS TO DIRECTLY ELIGIBLE TRIBES. Section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606) is amended by-- (1) redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and (2) inserting after subsection (g) the following new subsection: ``(h) Period of Performance.--The Secretary shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.''. SEC. 1404. LAW ENFORCEMENT TERRORISM PREVENTION. (a) Law Enforcement Terrorism Prevention Program.--Section 2006(a) of the Homeland Security Act of 2002 (6 U.S.C. 607(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``States and high-risk urban areas expend'' after ``that''; and (B) by striking ``is used''; (2) in paragraph (2), by amending subparagraph (I) to read as follows: ``(I) activities as determined appropriate by the Administrator, in coordination with the Assistant Secretary for State and Local Law Enforcement within the Office of Partnership and Engagement of the Department, through outreach to relevant stakeholder organizations; and''; and (3) by adding at the end the following new paragraph: ``(4) Annual report.--The Administrator, in coordination with the Assistant Secretary for State and Local Law Enforcement, shall report annually from fiscal year 2018 through fiscal year 2022 on the use of grants under sections 2003 and 2004 for law enforcement terrorism prevention activities authorized under this section, including the percentage and dollar amount of funds used for such activities and the types of projects funded.''. (b) Office for State and Local Law Enforcement.--Section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) is amended-- (1) in paragraph (1), by striking ``Policy Directorate'' and inserting ``Office of Partnership and Engagement''; and (2) in paragraph (4)-- (A) in subparagraph (B), by inserting ``, including through consultation with such agencies regarding Department programs that may impact such agencies'' before the semicolon at the end; and (B) in subparagraph (D), by striking ``ensure'' and inserting ``verify''. SEC. 1405. PRIORITIZATION. Section 2007(a) of the Homeland Security Act of 2002 (6 U.S.C. 608(a)) is amended-- (1) in paragraph (1)-- (A) by amending subparagraph (A) to read as follows: ``(A) its population, including consideration of domestic and international tourists, commuters, and military populations, including military populations residing in communities outside military installations;''; (B) in subparagraph (E), by inserting ``, including threat information from other relevant Federal agencies and field offices, as appropriate'' before the semicolon at the end; and (C) in subparagraph (I), by striking ``target'' and inserting ``core''; and (2) in paragraph (2), by striking ``target'' and inserting ``core''. SEC. 1406. ALLOWABLE USES. Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``target'' and inserting ``core''; (B) in paragraph (5), by inserting before the semicolon at the end the following: ``, provided such emergency communications align with the Statewide Communication Interoperability Plan and are coordinated with the Statewide Interoperability Coordinator or Statewide interoperability governance body of the State of the recipient''; (C) by striking paragraph (14); (D) by redesignating paragraphs (6) through (13) as paragraphs (8) through (15), respectively; (E) by inserting after paragraph (5) the following new paragraphs: ``(6) enhancing medical preparedness, medical surge capacity, and mass prophylaxis capabilities, including the development and maintenance of an initial pharmaceutical stockpile, including medical kits and diagnostics sufficient to protect first responders (as defined in section 2004(f)), their families, immediate victims, and vulnerable populations from a chemical or biological event; ``(7) enhancing cybersecurity, including preparing for and responding to cybersecurity risks and incidents (as such terms are defined in section 2209) and developing statewide cyber threat information analysis and dissemination activities;''; (F) in paragraph (8), as so redesignated, by striking ``Homeland Security Advisory System'' and inserting ``National Terrorism Advisory System''; (G) in paragraph (14), as so redesignated-- (i) by striking ``3'' and inserting ``5''; and (ii) by adding ``and'' at the end; and (H) in paragraph (15), as so redesignated, by striking ``; and'' and inserting a period; (2) in subsection (b)-- (A) in paragraph (3)(B), by striking ``(a)(10)'' and inserting ``(a)(12)''; and (B) in paragraph (4)(B)(i), by striking ``target'' and inserting ``core''; and (3) in subsection (c), by striking ``target'' and inserting ``core''. SEC. 1407. APPROVAL OF CERTAIN EQUIPMENT. (a) In General.--Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended-- (1) in subsection (f)-- (A) by striking ``If an applicant'' and inserting the following: ``(1) Application requirement.--If an applicant''; and (B) by adding at the end the following: ``(2) Review process.--The Administrator shall implement a uniform process for reviewing applications that, in accordance with paragraph (1), contain explanations for a proposal to use grants provided under section 2003 or 2004 to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747). ``(3) Factors.--In carrying out the review process under paragraph (2), the Administrator shall consider the following: ``(A) Current or past use of proposed equipment or systems by Federal agencies or the Armed Forces. ``(B) The absence of a national voluntary consensus standard for such equipment or systems. ``(C) The existence of an international consensus standard for such equipment or systems, and whether such equipment or systems meets such standard. ``(D) The nature of the capability gap identified by the applicant, and how such equipment or systems will address such gap. ``(E) The degree to which such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed existing consensus standards. ``(F) Any other factor determined appropriate by the Administrator.''; and (2) by adding at the end the following new subsection: ``(g) Review Process.--The Administrator shall implement a uniform process for reviewing applications to use grants provided under section 2003 or 2004 to purchase equipment or systems not included on the Authorized Equipment List maintained by the Administrator.''. (b) Inspector General Report.--Not later than 3 years after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report assessing the implementation of the review process established under paragraph (2) of subsection (f) of section 2008 of the Homeland Security Act of 2002 (as added by subsection (a) of this section), including information on the following: (1) The number of requests to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standard evaluated under such review process. (2) The capability gaps identified by applicants and the number of such requests granted or denied. (3) The processing time for the review of such requests. SEC. 1408. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO ACQUIRE NEW OR EMERGING TECHNOLOGIES AND CAPABILITIES. The Secretary of Homeland Security may authorize an explosive ordnance disposal unit to acquire new or emerging technologies and capabilities that are not specifically provided for in the authorized equipment allowance for the unit, as such allowance is set forth in the Authorized Equipment List maintained by the Administrator of the Federal Emergency Management Agency. SEC. 1409. MEMORANDA OF UNDERSTANDING. (a) In General.--Subtitle B of title XX of the Homeland Security Act of 2002 (6 U.S.C. 611 et seq.) is amended by adding at the end the following new section: ``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS AND OFFICES REGARDING THE POLICY AND GUIDANCE. ``The Administrator shall enter into memoranda of understanding with the heads of the following departmental components and offices delineating the roles and responsibilities of such components and offices regarding the policy and guidance for grants under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135), sections 2003 and 2004 of this Act, and section 70107 of title 46, United States Code, as appropriate: ``(1) The Commissioner of U.S. Customs and Border Protection. ``(2) The Administrator of the Transportation Security Administration. ``(3) The Commandant of the Coast Guard. ``(4) The Under Secretary for Intelligence and Analysis. ``(5) The Assistant Director for Emergency Communications. ``(6) The Assistant Secretary for State and Local Law Enforcement. ``(7) The Countering Violent Extremism Coordinator. [[Page S3807]] ``(8) The Officer for Civil Rights and Civil Liberties. ``(9) The Chief Medical Officer. ``(10) The heads of other components or offices of the Department, as determined by the Secretary.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by inserting after the item relating to section 2023 the following new item: ``Sec. 2024. Memoranda of understanding with departmental components and offices regarding the policy and guidance.''. SEC. 1410. GRANTS METRICS. (a) In General.--To determine the extent to which grants under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 603, 604) have closed capability gaps identified in State Preparedness Reports required under subsection (c) of section 652 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752; title VI of the Department of Homeland Security Appropriations Act, 2007; Public Law 109-295) and Threat and Hazard Identification and Risk Assessments required under subsections (e) and (f) of such sections 2003 and 2004, respectively, as added by this Act, from each State and high-risk urban area, the Administrator of the Federal Emergency Management Agency shall conduct and submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of information provided in those reports and assessments. (b) Assessment Requirements.--The assessment required under subsection (a) shall include-- (1) a comparison of successive State Preparedness Reports and Threat and Hazard Identification and Risk Assessments that aggregates results across the States and high-risk urban areas; and (2) an assessment of the value and usefulness of State Preparedness Reports and Threat and Hazard Identification and Risk Assessments, including-- (A) the degree to which such reports and assessments are data-driven and empirically supported; (B) the degree to which such reports and assessments have informed grant award decisions by the Federal Emergency Management Agency; (C) the degree to which grant award decisions by the Federal Emergency Management Agency have demonstrably reduced the risks identified in such reports and assessments; (D) the degree to which such reports and assessments align with Federal risk assessments, including counterterrorism risk assessments, and the degree to which grant award decisions by the Federal Emergency Management Agency have reduced those federally identified risks; (E) the degree to which capability gaps identified in such reports and assessments have been mitigated; and (F) options for improving State Preparedness Reports and Threat and Hazard Identification and Risk Assessments so that they better inform and align with grant award decisions by the Federal Emergency Management Agency. (c) Inspector General Evaluation.--The Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report evaluating the assessment conducted by the Administrator of the Federal Emergency Management Agency under subsection (a). SEC. 1411. GRANT MANAGEMENT BEST PRACTICES. The Administrator of the Federal Emergency Management Agency shall include on the website of the Federal Emergency Management Agency the following: (1) A summary of findings identified by the Office of the Inspector General of the Department of Homeland Security in audits of grants under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 603, 604) and methods to address areas identified for improvement, including opportunities for technical assistance. (2) Innovative projects and best practices instituted by grant recipients. SEC. 1412. PROHIBITION ON CONSOLIDATION. (a) In General.--The Secretary of Homeland Security may not implement the National Preparedness Grant Program or any successor consolidated grant program unless the Secretary receives prior authorization from Congress permitting such implementation. (b) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall conduct a study of consolidating preparedness grant programs to-- (1) determine if the consolidated grant program would be more efficient, effective, and cost effective; and (2) assess whether the responsibility for managing the preparedness grant programs should be relocated within the Department of Homeland Security. SEC. 1413. MAINTENANCE OF GRANT INVESTMENTS. Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609), as amended by section 1407, is amended by adding at the end the following new subsection: ``(h) Maintenance of Equipment.--Any applicant for a grant under section 2003 or 2004 seeking to use funds to purchase equipment, including pursuant to paragraphs (3), (4), (5), or (12) of subsection (a) of this section, shall by the time of the receipt of such grant develop a plan for the maintenance of such equipment over its life-cycle that includes information identifying which entity is responsible for such maintenance.''. SEC. 1414. TRANSIT SECURITY GRANT PROGRAM. Section 1406 of the Implementing Recommendations of the 9/ 11 Commission Act of 2007 (6 U.S.C. 1135) is amended-- (1) in subsection (b)(2)(A), by inserting ``and costs associated with filling the positions of employees receiving training during their absence'' after ``security training''; and (2) by striking subsection (m) and inserting the following new subsections: ``(m) Periods of Performance.--Funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months.''. SEC. 1415. PORT SECURITY GRANT PROGRAM. Section 70107 of title 46, United States Code, is amended by-- (1) striking subsection (l); (2) redesignating subsection (m) as subsection (l); and (3) by adding at the end the following new subsections: ``(m) Period of Performance.--The Secretary shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.''. SEC. 1416. CYBER PREPAREDNESS. (a) In General.--Section 2209 of the Homeland Security Act of 2002, as so redesignated by section 1601(g), is amended-- (1) in subsection (c)-- (A) in paragraph (5)(B), by inserting ``, including the National Network of Fusion Centers (as defined in section 210A), as appropriate'' before the semicolon at the end; (B) in paragraph (7), in the matter preceding subparagraph (A), by striking ``information and recommendations'' each place it appears and inserting ``information, recommendations, and best practices''; and (C) in paragraph (9), by inserting ``best practices,'' after ``defensive measures,''; and (2) in subsection (d)(1)(B)(ii), by inserting ``and State, local, and regional fusion centers (as defined in section 201A), as appropriate'' before the semicolon at the end. (b) Sense of Congress.--It is the sense of Congress that to facilitate the timely dissemination to appropriate State, local, and private sector stakeholders of homeland security information related to cyber threats, the Secretary of Homeland Security should, to the greatest extent practicable, work to share actionable information in an unclassified form related to such threats. SEC. 1417. OPERATION STONEGARDEN. (a) In General.--Subtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 2009. OPERATION STONEGARDEN. ``(a) Establishment.--There is established in the Department a program to be known as `Operation Stonegarden'. Under such program, the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies, through the State Administrative Agency, to enhance border security in accordance with this section. ``(b) Eligible Recipients.--To be eligible to receive a grant under this section, a law enforcement agency shall-- ``(1) be located in-- ``(A) a State bordering either Canada or Mexico; or ``(B) a State or territory with a maritime border; and ``(2) be involved in an active, ongoing U.S. Customs and Border Protection operation coordinated through a sector office. ``(c) Permitted Uses.--The recipient of a grant under this section may use such grant for any of the following: ``(1) Equipment, including maintenance and sustainment costs. ``(2) Personnel costs, including overtime and backfill, directly incurred in support of enhanced border law enforcement activities. ``(3) Any activity permitted for Operation Stonegarden under the Department of Homeland Security's Fiscal Year 2016 Homeland Security Grant Program Notice of Funding Opportunity. ``(4) Any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection. ``(d) Period of Performance.--The Secretary shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months. ``(e) Collection of Information.--For any fiscal year beginning on or after the date that is 30 days after the date of enactment of this section for which grants are made under Operation Stonegarden, the Administrator shall separately collect and maintain financial information with respect to grants awarded under Operation Stonegarden, which shall include-- ``(1) the amount of the awards; ``(2) the amount obligated for the awards; ``(3) the amount of outlays under the awards; [[Page S3808]] ``(4) financial plans with respect to the use of the awards; ``(5) any funding transfers or reallocations; and ``(6) any adjustments to spending plans or reprogramming. ``(f) Oversight by the Administrator.-- ``(1) In general.--The Administrator shall establish and implement guidelines-- ``(A) to ensure that amounts made available under Operation Stonegarden are used in accordance with grant guidance and Federal laws; ``(B) to improve program performance reporting and program performance measurements to facilitate designing, implementing, and enforcing procedures under Operation Stonegarden; and ``(C) that require the recording of standardized performance data regarding program output. ``(2) Submission.--Not later than 90 days after the date of enactment of this section, the Administrator shall submit to the Committee on Homeland Security and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the guidelines established under paragraph (1). ``(g) Financial Review Guidelines.-- ``(1) In general.--The Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, shall develop and implement guidelines establishing procedures for implementing the auditing and reporting requirements under section 2022 with respect to Operation Stonegarden. ``(2) Submission.--Not later than 90 days after the date of enactment of this section, the Administrator shall submit to the Committee on Homeland Security and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the guidelines established under paragraph (1). ``(h) Report and Briefing.--The Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, at least annually during each of fiscal years 2018 through 2022, submit to the Committee on Homeland Security and the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report and briefing including-- ``(1) for the period covered by the report-- ``(A) information on how each recipient of a grant under Operation Stonegarden expended amounts received under the grant; ``(B) a list of all operations carried out using amounts made available under Operation Stonegarden; and ``(C) for each operation described in subparagraph (B)-- ``(i) whether the operation is active or completed; ``(ii) the targeted purpose of the operation; ``(iii) the location of the operation; and ``(iv) the total number of hours worked by employees of the grant recipient and by employees of U.S. Customs and Border Protection with respect to the operation, including the number of hours for which such employees received basic pay and the number of hours for which such employees received premium pay, by type of premium pay; and ``(2) in the first report submitted under this subsection-- ``(A) an examination of the effects changing the Operation Stonegarden Program to award multi-year grants would have on the mission of the program; and ``(B) the findings and recommendations of the Administrator regarding what changes could improve the program to better serve the program mission, which may include feedback from grant recipients.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by inserting after the item relating to section 2008 the following: ``Sec. 2009. Operation Stonegarden.''. SEC. 1418. NON-PROFIT SECURITY GRANT PROGRAM. (a) In General.--Subtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), as amended by section 1417 of this Act, is amended by adding at the end the following: ``SEC. 2010. NON-PROFIT SECURITY GRANT PROGRAM. ``(a) Establishment.--There is established in the Department a program to be known as the `Non-Profit Security Grant Program' (in this section referred to as the `Program'). Under the Program, the Secretary, acting through the Administrator, shall make grants to eligible nonprofit organizations described in subsection (b), through the State in which such organizations are located, for target hardening and other security enhancements to protect against terrorist attacks. ``(b) Eligible Recipients.--Eligible nonprofit organizations described in this subsection (a) are organizations that are-- ``(1) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(2) determined to be at risk of a terrorist attack by the Administrator. ``(c) Permitted Uses.--The recipient of a grant under this section may use such grant for any of the following: ``(1) Target hardening activities, including physical security enhancement equipment and inspection and screening systems. ``(2) Fees for security training relating to physical security and cybersecurity, target hardening, terrorism awareness, and employee awareness. ``(3) Any other appropriate activity related to security or security training, as determined by the Administrator. ``(d) Allocation.--The Administrator shall ensure that not less than an amount equal to 30 percent of the total funds appropriated for grants under the Program for each fiscal year is used for grants to eligible nonprofit organizations described in subsection (b) that are located in jurisdictions not receiving funding under section 2003. ``(e) Period of Performance.--The Administrator shall make funds provided under this section available for use by a recipient of a grant for a period of not less than 36 months.''. (b) Conforming Amendment.--Subsection (a) of section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended by striking ``sections 2003 and 2004'' and inserting ``sections 2003, 2004, and 2010''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1417(b), is amended by inserting after the item relating to section 2009 the following: ``Sec. 2010. Non-Profit Security Grant Program.''. SEC. 1419. STUDY OF THE USE OF GRANT FUNDS FOR CYBERSECURITY. Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the use of grant funds awarded pursuant to section 2003 and section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604, 605), including information on the following: (1) The amount of grant funds invested or obligated annually during fiscal years 2006 through 2016 to support efforts to prepare for and respond to cybersecurity risks and incidents (as such terms are defined in section 2209 of such Act, as so redesignated by section 1601(g) of this Act). (2) The degree to which grantees identify cybersecurity as a capability gap in the Threat and Hazard Identification and Risk Assessment required under subsections (e) and (f) of sections 2003 and 2004 of such Act (6 U.S.C. 604, 605), as added by this Act. (3) Obstacles and challenges related to using grant funds to improve cybersecurity. (4) Plans for future efforts to encourage grantees to use grant funds to improve cybersecurity capabilities. SEC. 1420. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES. ``(a) In General.--The Administrator, in consultation with the Director of the National Counterterrorism Center and the Director of the Federal Bureau of Investigation, shall establish a Joint Counterterrorism Awareness Workshop Series (in this section referred to as the `Workshop Series') to-- ``(1) address emerging terrorist threats; and ``(2) enhance the ability of State and local jurisdictions to prevent, protect against, respond to, and recover from terrorist attacks. ``(b) Purpose.--The Workshop Series established under subsection (a) shall include-- ``(1) reviewing existing preparedness, response, and interdiction plans, policies, and procedures related to terrorist attacks of the participating jurisdictions and identifying gaps in those plans, operational capabilities, response resources, and authorities; ``(2) identifying Federal, State, and local resources available to address the gaps identified under paragraph (1); ``(3) providing assistance, through training, exercises, and other means, to build or sustain, as appropriate, the capabilities to close those identified gaps; ``(4) examining the roles and responsibilities of participating agencies and respective communities in the event of a terrorist attack; ``(5) improving situational awareness and information sharing among all participating agencies in the event of a terrorist attack; and ``(6) identifying and sharing best practices and lessons learned from the Workshop Series. ``(c) Designation of Participating Cities.--The Administrator shall select jurisdictions to host a Workshop Series from those cities that-- ``(1) are currently receiving, or that previously received, funding under section 2003; and ``(2) have requested to be considered. ``(d) Workshop Series Participants.--Individuals from State and local jurisdictions and emergency response providers in cities designated under subsection (c) shall be eligible to participate in the Workshop Series, including-- ``(1) senior elected and appointed officials; ``(2) law enforcement; ``(3) fire and rescue; ``(4) emergency management; ``(5) emergency medical services; ``(6) public health officials; ``(7) private sector representatives; ``(8) representatives of nonprofit organizations; and ``(9) other participants as deemed appropriate by the Administrator. [[Page S3809]] ``(e) Reports.-- ``(1) Workshop series report.--The Administrator, in consultation with the Director of the National Counterterrorism Center, the Director of the Federal Bureau of Investigation, and officials from the city in which a Workshop Series is held, shall develop and submit to all of the agencies participating in the Workshop Series a report after the conclusion of the Workshop Series that addresses-- ``(A) key findings about lessons learned and best practices from the Workshop Series; and ``(B) potential mitigation strategies and resources to address gaps identified during the Workshop Series. ``(2) Annual reports.--Not later than 1 year after the date of enactment of this section and annually thereafter for 5 years, the Administrator, in consultation with the Director of the National Counterterrorism Center and the Director of the Federal Bureau of Investigation, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a comprehensive summary report of the key themes, lessons learned, and best practices identified during the Workshop Series held during the previous year. ``(f) Authorization.--There is authorized to be appropriated $1,000,000 for each of fiscal years 2018 through 2022 to carry out this section.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 528 the following: ``Sec. 529. Joint Counterterrorism Awareness Workshop Series.''. SEC. 1421. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL; NATIONAL EXERCISE PROGRAM. (a) Exercise on Terrorist and Foreign Fighter Travel.-- (1) In general.--In addition to, or as part of, exercise programs carried out by the Department of Homeland Security as of the date of enactment of this Act, to enhance domestic preparedness for and collective response to terrorism, promote the dissemination of homeland security information, and test the security posture of the United States, the Secretary of Homeland Security, through appropriate offices and components of the Department of Homeland Security and in coordination with the relevant Federal departments and agencies, shall, not later than 1 year after the date of enactment of this Act, develop and conduct an exercise related to the terrorist and foreign fighter threat. (2) Exercise requirements.--The exercise required under paragraph (1) shall include-- (A) a scenario involving-- (i) persons traveling from the United States to join or provide material support or resources to a terrorist organization abroad; and (ii) terrorist infiltration into the United States, including United States citizens and foreign nationals; and (B) coordination with relevant Federal departments and agencies, foreign governments, and State, local, tribal, territorial, and private sector stakeholders. (3) Report.-- (A) In general.--Not later than 60 days after the completion of the exercise required under paragraph (1), the Secretary of Homeland Security shall, consistent with the protection of classified information, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an after-action report presenting the initial findings of the exercise, including any identified or potential vulnerabilities in United States defenses and any legislative changes requested in light of the findings. (B) Form.--The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (b) Emerging Threats in the National Exercise Program.-- Section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended-- (1) in clause (v), by striking ``and'' at the end; and (2) by adding after clause (vi) the following: ``(vii) designed, to the extent practicable, to include exercises addressing emerging terrorist threats, such as scenarios involving United States citizens departing the United States to enlist with or provide material support or resources to terrorist organizations abroad or terrorist infiltration into the United States, including United States citizens and foreign nationals; and''. (c) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this section and the amendments made by this section. The requirements of this section and the amendments made by this section shall be carried out using amounts otherwise authorized. SEC. 1422. GRANTS ACCOUNTABILITY. Section 2022 of the Homeland Security Act of 2002 (6. U.S.C. 612) is amended-- (1) in subsection (a)(1)(B)-- (A) by striking ``The Department'' and inserting the following: ``(i) In general.--The Department''; and (B) by adding at the end the following: ``(ii) Inspector general review.--With respect to each grant awarded, the Inspector General of the Department may-- ``(I) examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency or other entity in receipt of or administering any grant awarded, that pertain to, and involve transactions relating to the contract, subcontract, grant, or subgrant; and ``(II) interview any officer or employee of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency or other entity in receipt of or administering any grant awarded, regarding transactions relating to the contract, subcontract, grant, or subgrant. ``(iii) Rule of construction.--Nothing in clause (ii) may be construed to limit or restrict the authority of the Inspector General of the Department.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) by striking ``a grant under section 2003 or 2004'' and inserting ``a covered grant, any recipient, including''; (II) by inserting a comma after ``tribe''; and (III) by inserting ``or the Secretary, as appropriate under the covered grant,'' after ``Administrator''; (ii) in subparagraph (B)-- (I) in the matter preceding clause (i), by inserting ``recipient, including any'' after ``for the applicable''; (II) in clause (i), by striking ``section 2003 or 2004'' and inserting ``the covered grant''; (III) in clause (ii)-- (aa) by striking ``section 2003 or 2004'' and inserting ``the covered grant''; and (bb) by striking ``and'' at the end; (IV) in clause (iii)-- (aa) by striking ``summary'' and inserting ``detailed''; and (bb) by striking ``such funds'' and all that follows through the period at the end and inserting the following: ``such funds, including-- ``(I) the name of the recipient and the project or activity; ``(II) a detailed description of the project or activity; ``(III) an evaluation of the completion status of the project or activity; ``(IV) in the case of an infrastructure investment-- ``(aa) the purpose, total expected cost, and rationale for funding the infrastructure investment with funds made available; and ``(bb) the name of the point of contact for the recipient if there are questions concerning the infrastructure investment; and ``(V) detailed information from each subgrantee, including the information described in subparagraphs (I) through (IV), on any subgrant awarded by the recipient; and''; and (V) by adding at the end the following: ``(iv) the total amount of funds received to date under each covered grant.''; (iii) in subparagraph (C)-- (I) in the matter preceding clause (i)-- (aa) by striking ``subparagraph (A) by a'' and inserting ``subparagraph (A) by any recipient, including any''; (bb) by inserting a comma after ``tribe''; and (cc) by inserting ``, in addition to the contents required under subparagraph (B)'' after ``shall include''; (II) in clause (ii)-- (aa) by inserting ``total'' before ``amount''; and (bb) by adding ``and'' at the end; (III) in clause (iii)-- (aa) by striking ``apply within'' and inserting ``apply to or within any recipient, including''; and (bb) by striking ``; and'' and inserting a period; and (IV) by striking clause (iv); and (B) by adding at the end the following: ``(3) Required reporting for prior awarded grants.--Not later than 180 days after the end of the quarter following the date of enactment of this paragraph, each recipient of a covered grant awarded before the date of enactment of this paragraph shall provide the information required under this subsection and thereafter comply with the requirements of this subsection. ``(4) Assistance in reporting.--The Administrator or the Secretary, as appropriate under the covered grant, in coordination with the Director of the Office of Management and Budget, shall provide for user-friendly means for grant recipients to comply with the reporting requirements of this subsection. ``(5) Subgrantee reporting.--Each grant recipient required to report information under paragraph (1)(B)(iii)(V) shall register with the System for Award Management database or complete other registration requirements as determined necessary by the Director of the Office of Management and Budget. ``(6) Publication of information.--Not later than 7 days after the date on which the Administrator or the Secretary, as the case may be, receives the reports required to be submitted under this subsection, the Administrator and the Secretary shall make the information in the reports publicly available, in a searchable database, on the website of the Federal Emergency Management Agency or Department, as appropriate. ``(7) Covered grant defined.--In this subsection, the term `covered grant' means a grant awarded under-- ``(A) this Act; or [[Page S3810]] ``(B) a program described in paragraphs (1) through (6) of section 2002(b) that is administered by the Department.''; and (3) by adding at the end the following: ``(d) Sunset and Disposition of Unexpended Grant Amounts.-- ``(1) In general.--Except as may be otherwise provided in the authorizing statute of a grant program, effective on the date that is 5 years after the date on which grant funds are distributed by the Administrator or the Secretary, as appropriate, under a covered grant (as defined in subsection (b)(7)), the authority of a covered grant recipient, including any grantee or subgrantee, to obligate, provide, make available, or otherwise expend those funds is terminated. ``(2) Return of unexpended grant amounts.--Upon the termination of authority under paragraph (1), any grant amounts that have not been expended shall be returned to the Administrator or the Secretary, as the case may be. The Administrator or the Secretary, as the case may be, shall deposit any grant amounts returned under this paragraph in the General Fund of the Treasury in accordance with section 3302 of title 31, United States Code. ``(3) Awards to recipients returning grant funds.--On and after the date on which the authority of a covered grant recipient is terminated under paragraph (1) with respect to a grant under a covered grant program, the Administrator or the Secretary, as appropriate, may award a grant under the covered grant program to the covered grant recipient, only pursuant to the submission of a new grant application, in accordance with the requirements of the grant program. ``(4) Applicability.--This subsection shall apply to any grant awarded under a covered grant program on or after the date of enactment of this subsection.''. Subtitle B--Communications SEC. 1431. RESPONSIBILITIES OF ASSISTANT DIRECTOR FOR EMERGENCY COMMUNICATIONS. (a) In General.--Section 1801(c) of the Homeland Security Act of 2002 (6 U.S.C. 571(c)) is amended-- (1) by striking paragraph (3); (2) by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively; (3) by redesignating paragraph (15) as paragraph (16); (4) in paragraph (8), as so redesignated, by striking ``, in cooperation with the National Communications System,''; (5) in paragraph (11), as so redesignated, by striking ``Assistant Secretary for Grants and Training'' and inserting ``Administrator of the Federal Emergency Management Agency''; (6) in paragraph (13), as so redesignated, by striking ``and'' at the end; and (7) by inserting after paragraph (13) the following: ``(14) administer the Government Emergency Telecommunications Service (GETS) and Wireless Priority Service (WPS) programs, or successor programs; ``(15) assess the impact of emerging technologies on interoperable emergency communications; and''. (b) Performance of Previously Transferred Functions.-- Section 1801(d) of the Homeland Security Act of 2002 (6 U.S.C. 571(d)) is amended by-- (1) striking paragraph (2); and (2) redesignating paragraph (3) as paragraph (2). SEC. 1432. ANNUAL REPORTING ON ACTIVITIES OF THE EMERGENCY COMMUNICATIONS DIVISION. Section 1801(f) of the Homeland Security Act of 2002 (6 U.S.C. 571(f)) is amended to read as follows: ``(f) Annual Reporting of Division Activities.--The Assistant Director for Emergency Communications shall, not later than 1 year after the date of the enactment of this subsection and annually thereafter for each of the next 4 years, report to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the activities and programs of the Emergency Communications Division, including specific information on efforts to carry out paragraphs (3), (4), and (5) of subsection (c).''. SEC. 1433. NATIONAL EMERGENCY COMMUNICATIONS PLAN. Section 1802 of the Homeland Security Act of 2002 (6 U.S.C. 572) is amended-- (1) in subsection (a), in the matter preceding paragraph (1)-- (A) by striking ``, and in cooperation with the Department of National Communications System (as appropriate),''; and (B) by inserting ``, but not less than once every 5 years,'' after ``periodically''; and (2) in subsection (c)-- (A) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) consider the impact of emerging technologies on the attainment of interoperable emergency communications;''. SEC. 1434. TECHNICAL EDIT. Section 1804(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 574(b)(1)) is amended, in the matter preceding subparagraph (A), by striking ``Assistant Secretary for Grants and Planning'' and inserting ``Administrator of the Federal Emergency Management Agency''. SEC. 1435. COMMUNICATIONS TRAINING. The Under Secretary for Management of the Department of Homeland Security, in coordination with the appropriate component heads, shall develop a mechanism, consistent with the strategy required pursuant to section 4 of the Department of Homeland Security Interoperable Communications Act (Public Law 114-29; 6 U.S.C. 194 note), to verify that radio users within the Department receive initial and ongoing training on the use of the radio systems of such components, including interagency radio use protocols. Subtitle C--Other Matters SEC. 1451. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title V.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended as follows: (1) In section 501 (6 U.S.C. 311)-- (A) by redesignating paragraphs (9) through (14) as paragraphs (10) through (15), respectively; and (B) by inserting after paragraph (8) the following new paragraph: ``(9) the term `Nuclear Incident Response Team' means a resource that includes-- ``(A) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and ``(B) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.''. (2) By striking section 502 (6 U.S.C. 312). (3) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)(B)), by striking ``, the National Disaster Medical System,''. (4) In section 506 (6 U.S.C. 316)-- (A) by striking subsection (b); (B) by redesignating subsections (c) and (d) as subsections (b) and (c) respectively; and (C) in subsection (b), as so redesignated, by striking ``section 708'' each place it appears and inserting ``section 707''. (5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in the matter preceding subparagraph (A), by striking ``section 708'' and inserting ``section 707''. (b) Title XX.--Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended-- (1) in section 2001 (6 U.S.C. 601)-- (A) by striking paragraph (13); (B) by redesignating paragraphs (3) through (12) as paragraphs (4) through (13), respectively; and (C) by inserting after paragraph (2) the following: ``(3) Core capabilities.--The term `core capabilities' means the capabilities for Federal, State, local, and tribal government preparedness for which guidelines are required to be established under section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).''; (2) in subsection (k)(1) of section 2005 (6 U.S.C. 606), as so redesignated by section 1403, by striking ``target'' and inserting ``core''; and (3) in section 2021(d)(3) (6 U.S.C. 611(d)(3)), by striking ``target'' each place it appears and inserting ``core''. (c) Implementing Recommendations of the 9/11 Commission Act of 2007.--Section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended-- (1) in subsection (b)(4), by striking ``Rescue'' and inserting ``Recovery''; and (2) in subsection (d)(2), by striking ``Rescue'' and inserting ``Recovery''. TITLE V--FEDERAL EMERGENCY MANAGEMENT AGENCY SEC. 1501. SHORT TITLE. This title may be cited as the ``FEMA Reauthorization Act of 2018''. SEC. 1502. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. Section 699 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 811) is amended-- (1) by striking ``administration and operations'' each place the term appears and inserting ``management and administration''; (2) in paragraph (2), by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(4) for fiscal year 2018, $1,049,000,000; ``(5) for fiscal year 2019, $1,065,784,000; and ``(6) for fiscal year 2020, $1,082,836,544.''. SEC. 1503. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. Section 1204 of the Implementing Recommendations of the 9/ 11 Commission Act of 2007 (6 U.S.C. 1102) is amended-- (1) in subsection (c), by inserting ``to the extent practicable, provide training in settings that simulate real response environments, such as urban areas,'' after ``levels,''; (2) in subsection (d), by striking paragraphs (1) and (2) and inserting the following: ``(1) for the Center for Domestic Preparedness-- [[Page S3811]] ``(A) $63,939,000 for fiscal year 2018; ``(B) $64,962,024 for fiscal year 2019; and ``(C) $66,001,416 for fiscal year 2020; and ``(2) for the members of the National Domestic Preparedness Consortium described in paragraphs (2) through (7) of subsection (b)-- ``(A) $101,000,000 for fiscal year 2018; ``(B) $102,606,000 for fiscal year 2019; and ``(C) $104,247,856 for fiscal year 2020.''; and (3) in subsection (e)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``each of the following entities'' and inserting ``members of the National Domestic Preparedness Consortium enumerated in subsection (b)''; and (ii) by striking ``2007--'' and inserting ``2015.'' and (B) by striking paragraphs (1) through (5). SEC. 1504. RURAL DOMESTIC PREPAREDNESS CONSORTIUM. (a) In General.--The Secretary of Homeland Security is authorized to establish a Rural Domestic Preparedness Consortium within the Department of Homeland Security consisting of universities and nonprofit organizations qualified to provide training to emergency response providers (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) from rural communities (as defined by the Federal Emergency Management Agency). (b) Duties.--The Rural Domestic Preparedness Consortium authorized under subsection (a) shall identify, develop, test, and deliver training to State, local, and tribal emergency response providers from rural communities, provide on-site and mobile training, and facilitate the delivery of training by the training partners of the Department of Homeland Security. (c) Authorization of Appropriations.--Of amounts appropriated for Continuing Training Grants of the Department of Homeland Security, $5,000,000 is authorized to be used for the Rural Domestic Preparedness Consortium authorized under subsection (a). SEC. 1505. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 1420 of this Act, is amended by adding at the end the following: ``SEC. 530. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS. ``(a) In General.--There is established in the Agency a Center for Faith-Based and Neighborhood Partnerships, headed by a Director appointed by the Secretary. ``(b) Mission.--The mission of the Center shall be to develop and coordinate departmental outreach efforts with faith-based and community organizations and serve as a liaison between those organizations and components of the Department for activities related to securing facilities, emergency preparedness and response, and combating human trafficking. ``(c) Responsibilities.--In support of the mission of the Center for Faith-Based and Neighborhood Partnerships, the Director shall-- ``(1) develop exercises that engage faith-based and community organizations to test capabilities for all hazards, including active shooter incidents; ``(2) coordinate the delivery of guidance and training to faith-based and community organizations related to securing their facilities against natural disasters, acts of terrorism, and other man-made disasters; ``(3) conduct outreach to faith-based and community organizations regarding guidance, training, and exercises and departmental capabilities available to assist faith-based and community organizations to secure their facilities against natural disasters, acts of terrorism, and other man-made disasters; ``(4) facilitate engagement and coordination among the emergency management community and faith-based and community organizations; ``(5) deliver training and technical assistance to faith- based and community organizations and provide subject-matter expertise related to anti-human trafficking efforts to help communities successfully partner with other components of the Blue Campaign of the Department; and ``(6) perform any other duties as assigned by the Administrator.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1420, is amended by inserting after the item relating to section 529 the following: ``Sec. 530. Center For Faith-Based And Neighborhood Partnerships.''. SEC. 1506. EMERGENCY SUPPORT FUNCTIONS. (a) Update.--Paragraph (14) of section 504(a) of the Homeland Security Act of 2002 (6 U.S.C. 314(a)), as so redesignated by section 1520, is amended by inserting ``, periodically updating (but not less often than once every 5 years),'' after ``administering''. (b) Emergency Support Functions.--Section 653 of the Post- Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 753) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Coordination.--The President, acting through the Administrator, shall develop and provide to Federal departments and agencies with coordinating, primary, or supporting responsibilities under the National Response Framework performance metrics to ensure readiness to execute responsibilities under the emergency support functions of the National Response Framework.''. SEC. 1507. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM. Section 509(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 319(b)(2)) is amended, in the matter preceding subparagraph (A), by inserting ``, but not less often than once every 5 years,'' after ``periodically''. SEC. 1508. REMEDIAL ACTION MANAGEMENT PROGRAM. Section 650 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 750) is amended to read as follows: ``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM. ``(a) In General.--The Administrator, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial action management program to-- ``(1) analyze training, exercises, and real world events to identify lessons learned, corrective actions, and best practices; ``(2) generate and disseminate, as appropriate, the lessons learned, corrective actions, and best practices described in paragraph (1); and ``(3) conduct remedial action tracking and long-term trend analysis. ``(b) Federal Corrective Actions.--The Administrator, in coordination with the heads of appropriate Federal departments and agencies, shall-- ``(1) utilize the program established under subsection (a) to collect information on corrective actions identified by such Federal departments and agencies during exercises and the response to natural disasters, acts of terrorism, and other man-made disasters; and ``(2) not later than 1 year after the date of the enactment of the FEMA Reauthorization Act of 2018 and annually thereafter for each of the next 4 years, submit to Congress a report on the status of those corrective actions. ``(c) Dissemination of After Action Reports.--The Administrator shall provide electronically, to the maximum extent practicable, to Congress and Federal, State, local, tribal, and private sector officials after-action reports and information on lessons learned and best practices from responses to acts of terrorism, natural disasters, capstone exercises conducted under the national exercise program under section 648(b), and other emergencies or exercises.''. SEC. 1509. CENTER FOR DOMESTIC PREPAREDNESS. The Administrator of the Federal Emergency Management Agency shall-- (1) develop an implementation plan, including benchmarks and milestones, to address the findings and recommendations of the 2017 Management Review Team that issued a report on May 8, 2017, regarding live agent training at the Chemical, Ordnance, Biological and Radiological Training Facility; and (2) provide to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate updates and information on efforts to implement recommendations related to the management review of the Chemical, Ordnance, Biological, and Radiological Training Facility of the Center for Domestic Preparedness of the Federal Emergency Management Agency, including, as necessary, information on additional resources or authority needed to implement such recommendations. SEC. 1510. FEMA SENIOR LAW ENFORCEMENT ADVISOR. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 1505 of this Act, is amended by adding at the end the following: ``SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR. ``(a) Establishment.--The Administrator shall appoint a Senior Law Enforcement Advisor to serve as a qualified expert to the Administrator for the purpose of strengthening the Agency's coordination among State, local, and tribal law enforcement. ``(b) Qualifications.--The Senior Law Enforcement Advisor shall have an appropriate background with experience in law enforcement, information sharing, and other emergency response functions. ``(c) Responsibilities.--The Senior Law Enforcement Advisor shall-- ``(1) coordinate on behalf of the Administrator with the Office for State and Local Law Enforcement under section 2006 for the purpose of ensuring State, local, and tribal law enforcement receive consistent and appropriate consideration in policies, guidance, training, and exercises related to preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States; ``(2) work with the Administrator and the Office for State and Local Law Enforcement under section 2006 to ensure grants to State, local, and tribal government agencies, including programs under sections 2003, 2004, and 2006(a), appropriately focus on terrorism prevention activities; and ``(3) serve other appropriate functions as determined by the Administrator.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135), as amended by section 1505, is amended by inserting after the item relating to section 530 the following: [[Page S3812]] ``Sec. 531. Senior Law Enforcement Advisor.''. SEC. 1511. TECHNICAL EXPERT AUTHORIZED. Section 503(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 313(b)(2)) is amended-- (1) in subparagraph (G), by striking ``and'' at the end; (2) in subparagraph (H), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(I) identify and integrate the needs of children into activities to prepare for, protect against, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such activities, as necessary.''. SEC. 1512. MISSION SUPPORT. (a) Establishment.--The Administrator of the Federal Emergency Management Agency shall designate an individual to serve as the chief management official and principal advisor to the Administrator on matters related to the management of the Federal Emergency Management Agency, including management integration in support of emergency management operations and programs. (b) Mission and Responsibilities.--The Administrator of the Federal Emergency Management Agency, acting through the official designated pursuant to subsection (a), shall be responsible for the management and administration of the Federal Emergency Management Agency, including with respect to the following: (1) Procurement. (2) Human resources and personnel. (3) Information technology and communications systems. (4) Real property investment and planning, facilities, accountable personal property (including fleet and other material resources), records and disclosure, privacy, safety and health, and sustainability and environmental management. (5) Security for personnel, information technology and communications systems, facilities, property, equipment, and other material resources. (6) Any other management duties that the Administrator may designate. (c) Mount Weather Emergency Operations and Associated Facilities.--Nothing in this section shall be construed as limiting or otherwise affecting the role or responsibility of the Assistant Administrator for National Continuity Programs with respect to the matters described in subsection (b) as such matters relate to the Mount Weather Emergency Operations Center and associated facilities. The management and administration of the Mount Weather Emergency Operations Center and associated facilities remain the responsibility of the Assistant Administrator for National Continuity Programs. (d) Report.--Not later than 270 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes-- (1) a review of financial, human capital, information technology, real property planning, and acquisition management of headquarters and all regional offices of the Federal Emergency Management Agency; and (2) a strategy for capturing financial, human capital, information technology, real property planning, and acquisition data. SEC. 1513. STRATEGIC HUMAN CAPITAL PLAN. Section 10102(c) of title 5, United States Code, is amended by striking ``2007'' and inserting ``2019''. SEC. 1514. OFFICE OF DISABILITY INTEGRATION AND COORDINATION OF DEPARTMENT OF HOMELAND SECURITY. (a) Office of Disability Integration and Coordination.-- (1) In general.--Section 513 of the Homeland Security Act of 2002 (6 U.S.C. 321b) is amended to read as follows: ``SEC. 513. OFFICE OF DISABILITY INTEGRATION AND COORDINATION. ``(a) In General.--There is established within the Agency an Office of Disability Integration and Coordination (in this section referred to as the `Office'), which shall be headed by a Director. ``(b) Mission.--The mission of the Office is to ensure that individuals with disabilities and other access and functional needs are included in emergency management activities throughout the Agency by providing guidance, tools, methods, and strategies for the purpose of equal physical program and effective communication access. ``(c) Responsibilities.--In support of the mission of the Office, the Director shall-- ``(1) provide guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; ``(2) oversee Office employees responsible for disability integration in each regional office with respect to carrying out the mission of the Office; ``(3) liaise with other employees of the Agency, including nonpermanent employees, organizations representing individuals with disabilities, other agencies of the Federal Government, and State, local, and tribal government authorities regarding the needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; ``(4) coordinate with the technical expert on the needs of children within the Agency to provide guidance and coordination on matters related to children with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man- made disaster; ``(5) consult with organizations representing individuals with disabilities about access and functional needs in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man- made disaster; ``(6) ensure the coordination and dissemination of best practices and model evacuation plans for individuals with disabilities; ``(7) collaborate with Agency leadership responsible for training to ensure that qualified experts develop easily accessible training materials and a curriculum for the training of emergency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities; ``(8) coordinate with the Emergency Management Institute, the Center for Domestic Preparedness, Center for Homeland Defense and Security, the United States Fire Administration, the national exercise program described in section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)), and the National Domestic Preparedness Consortium to ensure that content related to persons with disabilities, access and functional needs, and children are integrated into existing and future emergency management trainings; ``(9) promote the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; ``(10) work to ensure that video programming distributors, including broadcasters, cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; ``(11) ensure the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; ``(12) provide guidance and implement policies to ensure that the rights and feedback of individuals with disabilities regarding post-evacuation residency and relocation are respected; ``(13) ensure that meeting the needs of individuals with disabilities are included in the components of the national preparedness system established under section 644 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 744); and ``(14) perform any other duties as assigned by the Administrator. ``(d) Director.--After consultation with organizations representing individuals with disabilities, the Administrator shall appoint a Director. The Director shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. ``(e) Organizations Representing Individuals With Disabilities Defined.--For purposes of this section, the term `organizations representing individuals with disabilities' means the National Council on Disabilities, the Interagency Coordinating Council on Preparedness and Individuals with Disabilities, and other appropriate disability organizations.''. (2) Clerical amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 513 and inserting the following: ``513. Office of Disability Integration and Coordination.''. (b) Report to Congress.--Not later than 120 days after the date of the enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report on the funding and staffing needs of the Office of Disability Integration and Coordination under section 513 of the Homeland Security Act of 2002, as amended by subsection (a). SEC. 1515. MANAGEMENT COSTS. Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended-- (1) in subsection (a), by striking ``any administrative expense, and any other expense not directly chargeable to'' and inserting ``direct administrative cost, and any other administrative expense associated with''; and (2) in subsection (b)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; (B) in paragraph (1), as so designated, by striking ``establish'' and inserting ``implement''; and (C) by adding at the end the following: ``(2) Specific management costs.--The Administrator shall provide for management costs, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs: ``(A) Hazard mitigation.--A grantee under section 404 may be reimbursed for direct and indirect administrative costs in a total amount of not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent [[Page S3813]] may be used by the grantee and 5 percent by the subgrantee for such costs. ``(B) Public assistance.--A grantee under sections 403, 406, 407, and 502 may be reimbursed direct and indirect administrative costs in a total amount of not more than 12 percent of the total award amount under such sections, of which not more than 7 percent may be used by the grantee and 5 percent by the subgrantee for such costs.''. SEC. 1516. PERFORMANCE OF SERVICES. Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following: ``(c) The Administrator of the Federal Emergency Management Agency may appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.''. SEC. 1517. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION. Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall-- (1) in coordination with the Small Business Administration, the Department of Housing and Urban Development, and other appropriate agencies, conduct a study and develop a plan, consistent with law, under which the collection of information from disaster assistance applicants and grantees will be modified, streamlined, expedited, consolidated, and simplified to be less burdensome, duplicative, and time consuming, and more efficient and flexible, for applicants and grantees; (2) in coordination with the Small Business Administration, the Department of Housing and Urban Development, and other appropriate agencies, develop a plan for the regular collection and reporting of information on Federal disaster assistance awarded, including the establishment and maintenance of a website for presenting the information to the public; and (3) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate-- (A) the plans developed under paragraphs (1) and (2); and (B) recommendations, if any, of the Administrator for legislative changes to streamline or consolidate the collection or reporting of information, as described in paragraphs (1) and (2). SEC. 1518. AGENCY ACCOUNTABILITY. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``SEC. 430. AGENCY ACCOUNTABILITY. ``(a) Public Assistance.--Not later than 5 days after the date on which an award of a public assistance grant is made under section 406 that is in excess of $1,000,000, the Administrator of the Federal Emergency Management Agency (referred to in this section as the `Administrator') shall publish on the website of the Federal Emergency Management Agency (referred to in this section as the `Agency') the specifics of each such grant award, including identifying-- ``(1) the Federal Emergency Management Agency Region; ``(2) the major disaster or emergency declaration number; ``(3) the State, county, and applicant name; ``(4) if the applicant is a private nonprofit organization; ``(5) the damage category code; ``(6) the amount of the Federal share obligated; and ``(7) the date of the award. ``(b) Mission Assignments.-- ``(1) In general.--Not later than 5 days after the date on which a mission assignment or mission assignment task order is issued under section 402(1) or section 502(a)(1), the Administrator shall publish on the website of the Agency any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster in excess of $1,000,000, including-- ``(A) the name of the impacted State or Indian tribe; ``(B) the major disaster declaration for such State or Indian tribe; ``(C) the assigned agency; ``(D) the assistance requested; ``(E) a description of the major disaster; ``(F) the total cost estimate; ``(G) the amount obligated; ``(H) the State or tribal cost share, if applicable; ``(I) the authority under which the mission assignment or mission assignment task order was directed; and ``(J) if applicable, the date on which a State or Indian tribe requested the mission assignment. ``(2) Recording changes.--Not later than 10 days after the last day of each month until a mission assignment or mission assignment task order described in paragraph (1) is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated. ``(c) Disaster Relief Monthly Report.--Not later than 10 days after the first day of each month, the Administrator shall publish reports on the website of the Agency, including a specific description of the methodology and the source data used in developing such reports, including-- ``(1) an estimate of the amounts for the fiscal year covered by the President's most recent budget pursuant to section 1105(a) of title 31, United States Code, including-- ``(A) the unobligated balance of funds to be carried over from the prior fiscal year to the budget year; ``(B) the unobligated balance of funds to be carried over from the budget year to the year after the budget year; ``(C) the amount of obligations for noncatastrophic events for the budget year; ``(D) the amount of obligations for the budget year for catastrophic events, as defined under the National Response Framework, delineated by event and by State; ``(E) the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current fiscal year, the budget year, and each fiscal year thereafter; ``(F) the amount of previously obligated funds that will be recovered for the budget year; ``(G) the amount that will be required for obligations for emergencies, major disasters, fire management assistance grants, as described in section 420, surge activities, and disaster readiness and support activities; and ``(H) the amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); ``(2) a summary of the amount for disaster relief of-- ``(A) appropriations made available by source; ``(B) the transfers executed; ``(C) the previously allocated funds recovered; and ``(D) the commitments, allocations, and obligations made; ``(3) a table of disaster relief activity delineated by month, including-- ``(A) the beginning and ending balances; ``(B) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; ``(C) the obligations for catastrophic events delineated by event and by State; and ``(D) the amount of previously obligated funds that are recovered; ``(4) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; ``(5) the cost with respect to-- ``(A) public assistance; ``(B) individual assistance; ``(C) mitigation; ``(D) administrative activities; ``(E) operations; and ``(F) any other relevant category (including emergency measures and disaster resources) delineated by major disaster; and ``(6) the date on which funds appropriated will be exhausted. ``(d) Contracts.-- ``(1) Information.-- ``(A) In general.--Not later than 10 days after the first day of each month, the Administrator shall publish on the website of the Agency the specifics of each contract in excess of $1,000,000 that the Agency enters into during the previous month, including-- ``(i) the name of the party; ``(ii) the date the contract was awarded; ``(iii) the amount and scope of the contract; ``(iv) if the contract was awarded through competitive bidding process; ``(v) if no competitive bidding process was used, the reason why competitive bidding was not used; and ``(vi) the authority used to bypass the competitive bidding process. ``(B) Requirement.--The information required to be published under subparagraph (A) shall be delineated by major disaster, if applicable, and specify the damage category code, if applicable. ``(2) Report.--Not later than 10 days after the last day of the fiscal year, the Administrator shall provide a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives summarizing the following information for the preceding fiscal year: ``(A) The number of contracts awarded without competitive bidding. ``(B) The reasons why a competitive bidding process was not used. ``(C) The total amount of contracts awarded with no competitive bidding. ``(D) The damage category codes, if applicable, for contracts awarded without competitive bidding.''. SEC. 1519. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION. (a) Predisaster Hazard Mitigation.--Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended-- (1) in subsection (c) by inserting ``Public Infrastructure'' after ``the National''; (2) in subsection (e)(1)(B)-- (A) in clause (ii), by striking ``or'' at the end; (B) in clause (iii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iv) to establish and carry out enforcement activities to implement the latest published editions of relevant consensus-based [[Page S3814]] codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters.''; (3) in subsection (f)-- (A) in paragraph (1) by inserting ``for mitigation activities that are cost effective'' after ``competitive basis''; and (B) by adding at the end the following: ``(3) Redistribution of unobligated amounts.--The President may-- ``(A) withdraw amounts of financial assistance made available to a State (including amounts made available to local governments of a State) under this subsection that remain unobligated by the end of the third fiscal year after the fiscal year for which the amounts were allocated; and ``(B) in the fiscal year following a fiscal year in which amounts were withdrawn under subparagraph (A), add the amounts to any other amounts available to be awarded on a competitive basis pursuant to paragraph (1).''; (4) in subsection (g), in the matter preceding paragraph (1), by inserting ``provide financial assistance only in States that have received a major disaster declaration during the previous 7-year period and'' after ``President shall''; (5) by striking subsection (i) and inserting the following: ``(i) National Public Infrastructure Predisaster Mitigation Assistance.-- ``(1) In general.--The President may set aside from the Disaster Relief Fund, with respect to each major disaster, an amount equal to 6 percent of the estimated aggregate amount of the grants to be made pursuant to sections 403, 406, 407, 408, 410, and 416 for the major disaster in order to provide technical and financial assistance under this section. ``(2) Estimated aggregate amount.--Not later than 180 days after each major disaster declaration pursuant to this Act, the estimated aggregate amount of grants for purposes of paragraph (1) shall be determined by the President and such estimated amount need not be reduced, increased, or changed due to variations in estimates. ``(3) No reduction in amounts.--The amount set aside pursuant to paragraph (1) shall not reduce the amounts otherwise made available for sections 403, 404, 406, 407, 408, 410, and 416 under this Act.''; (6) by striking subsections (j) and (m); and (7) by redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively. (b) Applicability.--The amendments made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of subsection (a) of this Act shall apply to funds appropriated after the date of enactment of this Act. (c) Report.-- (1) Definitions.--In this subsection-- (A) the term ``Administrator'' means the Administrator of the Federal Emergency Management Agency; (B) the term ``appropriate committees of Congress'' means-- (i) the Committee on Homeland Security and Governmental Affairs of the Senate; (ii) the Committee on Appropriations of the Senate; (iii) the Committee on Transportation and Infrastructure of the House of Representatives; and (iv) the Committee on Appropriations of the House of Representatives; and (C) the term ``public assistance grant program'' means the public assistance grant program authorized under sections 403, 406, 407, 418, 419, 428, and 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, 5185, 5186, 5189f, and 5192(a)). (2) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report detailing the implications of the amendments made by subsection (a) on the fiscal health of the Disaster Relief Fund, including-- (A) a justification, cost-benefit analysis, and impact statement of the percentage utilized to fund the amendments; (B) an assessment of the extent to which the extra spending could place stress on the Disaster Relief Fund, as calculated under section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 2985 (2 U.S.C. 901(b)(2)(D)), increase the pace of spending, and impact whether supplemental funding would be required more frequently to deal with future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); (C) an expenditure plan detailing-- (i) anticipated application guidelines for grantees; (ii) a period of performance schedule; (iii) anticipated project life cycle costs and expected expenditure rates; (iv) planning requirements for grantees; (v) a program schedule to ensure that the annual fund carryover does not exceed $100,000,000; and (vi) a program review and investigation schedule to prevent waste, fraud, and abuse; (D) an assessment of how the amendments could be implemented to encourage mitigation that addresses risks to the most costly disaster impacts in order to reduce-- (i) impacts on the Disaster Relief Fund and the public assistance grant program, in particular grants to mitigate damage to infrastructure and buildings; and (ii) Federal expenditures for future major disasters declared under section 401 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); and (E) an assessment of the appropriate balance of expenditures under section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(i)), as amended by subsection (a), for planning and for projects; and (F) the strategy by which project will be weighted and applications assessed to include repetitive loss, location, elevation, overall risk, and the ability for a grantee to make complementary investments in other mitigation efforts. SEC. 1520. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT. (a) Homeland Security Act of 2002.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) in section 501(8) (6 U.S.C. 311(8))-- (A) by striking ``National Response Plan'' each place the term appears and inserting ``National Response Framework''; and (B) by striking ``502(a)(6)'' and inserting ``504(a)(6)''; (2) in section 503(b)(2)(A) (6 U.S.C. 313(b)(2)(A)) by inserting ``and incidents impacting critical infrastructure'' before the semicolon; (3) in section 504(a) (6 U.S.C. 314(a))-- (A) in paragraph (3) by striking ``, including--'' and inserting ``(which shall include incidents impacting critical infrastructure), including--''; (B) in paragraph (4) by inserting ``, including incidents impacting critical infrastructure'' before the semicolon; (C) in paragraph (5) by striking ``and local'' and inserting ``local, and tribal''; (D) in paragraph (6) by striking ``national response plan'' and inserting ``national response framework, which shall be reviewed and updated as required but not less than every 5 years''; (E) by redesignating paragraphs (7) through (21) as paragraphs (8) through (22), respectively; (F) by inserting after paragraph (6) the following: ``(7) developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with such frameworks reviewed and updated as required, but not less than every 5 years;''; and (G) in paragraph (14), as redesignated, by striking ``National Response Plan'' each place the term appears and inserting ``National Response Framework''; (4) in section 507 (6 U.S.C. 317)-- (A) in subsection (c)-- (i) in paragraph (2)(E), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (ii) in paragraph (3)(A), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (B) in subsection (f)(1)(G), by striking ``National Response Plan'' and inserting ``National Response Framework''; (5) in section 508 (6 U.S.C. 318)-- (A) in subsection (b)(1), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (B) in subsection (d)(2)(A), by striking ``The Deputy Administrator, Protection and National Preparedness'' and inserting ``A Deputy Administrator''; (6) in section 509 (6 U.S.C. 319)-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``National Response Plan'' and inserting ``National Response Framework, National Protection Framework, National Prevention Framework, National Mitigation Framework, National Recovery Framework''; (II) by striking ``successor'' and inserting ``successors''; and (III) by striking ``plan'' at the end of that paragraph and inserting ``framework''; and (ii) in paragraph (2), by striking ``National Response Plan'' each place the term appears and inserting ``National Response Framework''; and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) in the subparagraph heading, by striking ``National response plan'' and inserting ``National response framework''; and (II) by striking ``National Response Plan'' and inserting ``National Response Framework''; and (ii) in subparagraph (B), by striking ``National Response Plan'' and inserting ``National Response Framework''; (7) in section 510 (6 U.S.C. 320)-- (A) in subsection (a), by striking ``enter into a memorandum of understanding'' and inserting ``partner''; (B) in subsection (b)(1)(A), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (C) in subsection (c), by striking ``National Response Plan'' and inserting ``National Response Framework''; (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking ``and local'' each place the term appears and inserting ``, local, and tribal''; (9) by striking section 524 (6 U.S.C. 321m); (10) in section 525 (6 U.S.C. 321n), by striking ``Secretary'' each place it appears and inserting ``Administrator''; and [[Page S3815]] (11) in section 706(b)(1), as redesignated by section 1142 of this Act, by striking ``National Response Plan'' and inserting ``National Response Framework''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by striking the item relating to section 524. (c) Post-Katrina Emergency Management Reform Act of 2006.-- (1) Citation correction.--Section 602(13) of the Post- Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is amended-- (A) by striking ``National Response Plan'' each place the term appears and inserting ``National Response Framework''; and (B) by striking ``502(a)(6)'' and inserting ``504(a)(6)''. (2) Change of reference.--Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) is amended by striking ``National Response Plan'' each place the term appears and inserting ``National Response Framework''. (d) Public Health Service Act.--Section 2801(a) of the Public Health Service Act (42 U.S.C. 300hh(a)) is amended by striking ``the National Response Plan developed pursuant to section 502(6) of the Homeland Security Act of 2002'' and inserting ``the National Response Framework developed pursuant to section 504(a)(6) of the Homeland Security Act of 2002 (2 U.S.C. 314(a)(6))''. (e) Defense Against Weapons of Mass Destruction Act of 1996.--Section 1414(b) of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2314(b)) is amended, in the first sentence, by striking ``National Response Plan prepared pursuant to section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6))'' and inserting ``National Response Framework prepared pursuant to section 504(a)(6) of the Homeland Security Act of 2002 (6 U.S.C. 314(a)(6))'' (f) Savings Clause.--The amendments made by subsection (a) to section 503(b)(2)(A) and paragraphs (3) and (4) of section 504(a) of the Homeland Security Act of 2002 shall not be construed as affecting the authority, existing on the day before the date of enactment of this Act, of any other component of the Department of Homeland Security or any other Federal department or agency. SEC. 1521. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM SUBCOMMITTEE. (a) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Agency; (2) the term ``Agency'' means the Federal Emergency Management Agency; (3) the term ``public alert and warning system'' means the integrated public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o); and (4) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States. (b) Integrated Public Alert and Warning System Subcommittee.--Section 2 of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114-143; 130 Stat. 327) is amended-- (1) in subsection (b)-- (A) in paragraph (6)(B)-- (i) in clause (i), by striking ``and'' at the end; (ii) in clause (ii)(VII), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) recommendations for best practices of State, tribal, and local governments to follow to maintain the integrity of the public alert and warning system, including-- ``(I) the procedures for State, tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for-- ``(aa) the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual; and ``(bb) testing a State, tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system; ``(II) the standardization, functionality, and interoperability of incident management and warning tools used by State, tribal, and local governments to notify the public of an emergency through the public alert and warning system; ``(III) the training and recertification of emergency management personnel on best practices for originating and transmitting an alert through the public alert and warning system; and ``(IV) the procedures, protocols, and guidance concerning the protective action plans that State, tribal, and local governments should issue to the public following an alert issued under the public alert and warning system.''; (B) in paragraph (7)-- (i) in subparagraph (A)-- (I) by striking ``Not later than'' and inserting the following: ``(i) Initial report.--Not later than''; (II) in clause (i), as so designated, by striking ``paragraph (6)'' and inserting ``clauses (i) and (ii) of paragraph (6)(B)''; and (III) by adding at the end the following: ``(ii) Second report.--Not later than 18 months after the date of enactment of the Department of Homeland Security Authorization Act, the Subcommittee shall submit to the National Advisory Council a report containing any recommendations required to be developed under paragraph (6)(B)(iii) for approval by the National Advisory Council.''; and (ii) in subparagraph (B), by striking ``report'' each place that term appears and inserting ``reports''; and (C) in paragraph (8), by striking ``3'' and inserting ``5''; and (2) in subsection (c), by striking ``and 2018'' and inserting ``2018, 2019, 2020, and 2021''. (c) Integrated Public Alert and Warning System Participatory Requirements.--The Administrator shall-- (1) consider the recommendations submitted by the Integrated Public Alert and Warning System Subcommittee to the National Advisory Council under section 2(b)(7) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114-143; 130 Stat. 331), as amended by subsection (b) of this Act; and (2) not later than 120 days after the date on which the recommendations described in paragraph (1) are submitted, establish minimum requirements for State, tribal, and local governments to participate in the public alert and warning system consistent with all public notice rules and regulations. (d) Incident Management and Warning Tool Validation.-- (1) In general.--The Administrator shall establish a process to ensure that an incident management and warning tool used by a State, tribal, or local government to originate and transmit an alert through the public alert and warning system meets the minimum requirements established by the Administrator under subsection (c)(2). (2) Requirements.--The process required to be established under paragraph (1) shall include-- (A) the ability to test an incident management and warning tool in the public alert and warning system lab; (B) the ability to certify that an incident management and warning tool complies with the applicable cyber frameworks of the Department of Homeland Security and the National Institute of Standards and Technology; (C) a process to certify developers of emergency management software; and (D) requiring developers to provide the Administrator with a copy of and rights of use for ongoing testing of each version of incident management and warning tool software before the software is first used by a State, tribal, or local government. (e) Review and Update of Memoranda of Understanding.-- (1) In general.--The Administrator shall review the memoranda of understanding between the Agency and State, tribal, and local governments with respect to the public alert and warning system to ensure that all agreements ensure compliance with any minimum requirements established by the Administrator under subsection (c)(2). (2) Future memoranda.--The Administrator shall ensure that any new memorandum of understanding entered into between the Agency and a State, tribal, or local government on or after the date of enactment of this Act with respect to the public alert and warning system ensures that the agreement requires compliance with any minimum requirements established by the Administrator under subsection (c)(2). (f) Missile Alert and Warning Authorities.-- (1) In general.-- (A) Authority.--Beginning on the date that is 120 days after the date of enactment of this Act, the authority to originate an alert warning the public of a missile launch directed against a State using the public alert and warning system shall reside primarily with the Federal Government. (B) Delegation of authority.--The Secretary of Homeland Security may delegate to a State, tribal, or local entity the authority described in subparagraph (A), if, not later than 60 days after the end of the 120-day period described in subparagraph (A), the Secretary of Homeland Security reports to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that-- (i) it is not feasible for the Federal government to alert the public of a missile threat against a State; or (ii) it is not in the national security interest of the United States for the Federal government to alert the public of a missile threat against a State. (C) Activation of system.--Upon verification of a missile threat, the President, utilizing established authorities, protocols, and procedures, may activate the public alert and warning system. (2) Required processes.--The Secretary of Homeland Security, acting through the Administrator, shall establish a process to promptly notify a State warning point, and any State entities that the Administrator determines appropriate, of follow-up actions to a missile launch alert so the State may take appropriate action to protect the health, safety, and welfare of the residents of the State following the issuance of an alert described in paragraph (1)(A) for that State. (3) Guidance.--The Secretary of Homeland Security, acting through the Administrator, shall work with the Governor of a State [[Page S3816]] warning point to develop and implement appropriate protective action plans to respond to an alert described in paragraph (1)(A) for that State. (4) Study and report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall-- (A) examine the feasibility of establishing an alert designation under the public alert and warning system that would be used to alert and warn the public of a missile threat while concurrently alerting a State warning point so that a State may activate related protective action plans; and (B) submit a report of the findings under subparagraph (A), including of the costs and timeline for taking action to implement an alert designation described in paragraph (1), to-- (i) the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iii) the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives; and (iv) the Committee on Homeland Security of the House of Representatives. (g) Awareness of Alerts and Warnings.--Not later than 1 year after the date of enactment of this Act, the Administrator shall-- (1) conduct a review of-- (A) the Emergency Operations Center of the Agency; and (B) the National Watch Center and each Regional Watch Center of the Agency; and (2) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the review conducted under paragraph (1), which shall include-- (A) an assessment of the technical capability of the Emergency Operations Center and the National and Regional Watch Centers described in paragraph (1) to be notified of alerts and warnings issued by a State through the public alert and warning system; (B) a determination of which State alerts and warnings the Emergency Operations Center and the National and Regional Watch Centers described in paragraph (1) should be aware of; and (C) recommendations for improving the ability of the National and Regional Watch Centers described in paragraph (1) to receive any State alerts and warnings that the Administrator determines are appropriate. (h) Timeline for Compliance.--Each State shall be given a reasonable amount of time to comply with any new rules, regulations, or requirements imposed under this section or the amendments made by this section. TITLE VI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY SEC. 1601. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY. (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY ``Subtitle A--Cybersecurity and Infrastructure Security ``SEC. 2201. DEFINITIONS. ``In this subtitle: ``(1) Critical infrastructure information.--The term `critical infrastructure information' has the meaning given the term in section 2222. ``(2) Cybersecurity risk.--The term `cybersecurity risk' has the meaning given the term in section 2209. ``(3) Cybersecurity threat.--The term `cybersecurity threat' has the meaning given the term in section 102(5) of the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 U.S.C. 1501)). ``(4) National cybersecurity asset response activities.-- The term `national cybersecurity asset response activities' means-- ``(A) furnishing cybersecurity technical assistance to entities affected by cybersecurity risks to protect assets, mitigate vulnerabilities, and reduce impacts of cyber incidents; ``(B) identifying other entities that may be at risk of an incident and assessing risk to the same or similar vulnerabilities; ``(C) assessing potential cybersecurity risks to a sector or region, including potential cascading effects, and developing courses of action to mitigate such risks; ``(D) facilitating information sharing and operational coordination with threat response; and ``(E) providing guidance on how best to utilize Federal resources and capabilities in a timely, effective manner to speed recovery from cybersecurity risks. ``(5) Sector-specific agency.--The term `Sector-Specific Agency' means a Federal department or agency, designated by law or presidential directive, with responsibility for providing institutional knowledge and specialized expertise of a sector, as well as leading, facilitating, or supporting programs and associated activities of its designated critical infrastructure sector in the all hazards environment in coordination with the Department. ``(6) Sharing.--The term `sharing' has the meaning given the term in section 2209. ``SEC. 2202. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY. ``(a) Redesignation.-- ``(1) In general.--The National Protection and Programs Directorate of the Department shall, on and after the date of the enactment of this subtitle, be known as the `Cybersecurity and Infrastructure Security Agency' (in this subtitle referred to as the `Agency'). ``(2) References.--Any reference to the National Protection and Programs Directorate of the Department in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Cybersecurity and Infrastructure Security Agency of the Department. ``(b) Director.-- ``(1) In general.--The Agency shall be headed by a Director of Cybersecurity and Infrastructure Security (in this subtitle referred to as the `Director'), who shall report to the Secretary. ``(2) Reference.--Any reference to an Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and any other related program of the Department as described in section 103(a)(1)(H) as in effect on the day before the date of enactment of this subtitle in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Director of Cybersecurity and Infrastructure Security of the Department. ``(c) Responsibilities.--The Director shall-- ``(1) lead cybersecurity and critical infrastructure security programs, operations, and associated policy for the Agency, including national cybersecurity asset response activities; ``(2) coordinate with Federal entities, including Sector- Specific Agencies, and non-Federal entities, including international entities, to carry out the cybersecurity and critical infrastructure activities of the Agency, as appropriate; ``(3) carry out the responsibilities of the Secretary to secure Federal information and information systems consistent with law, including subchapter II of chapter 35 of title 44, United States Code, and the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114-113)); ``(4) coordinate a national effort to secure and protect against critical infrastructure risks, consistent with subsection (e)(1)(E); ``(5) oversee the EMP and GMD planning and protection and preparedness activities of the Agency; ``(6) upon request, provide analyses, expertise, and other technical assistance to critical infrastructure owners and operators and, where appropriate, provide those analyses, expertise, and other technical assistance in coordination with Sector-Specific Agencies and other Federal departments and agencies; ``(7) develop and utilize mechanisms for active and frequent collaboration between the Agency and Sector-Specific Agencies to ensure appropriate coordination, situational awareness, and communications with Sector-Specific Agencies; ``(8) maintain and utilize mechanisms for the regular and ongoing consultation and collaboration among the Divisions of the Agency to further operational coordination, integrated situational awareness, and improved integration across the Agency in accordance with this Act; ``(9) develop, coordinate, and implement-- ``(A) comprehensive strategic plans for the activities of the Agency; and ``(B) risk assessments by and for the Agency; ``(10) carry out emergency communications responsibilities, in accordance with title XVIII; ``(11) carry out cybersecurity, infrastructure security, and emergency communications stakeholder outreach and engagement and coordinate that outreach and engagement with critical infrastructure Sector-Specific Agencies, as appropriate; ``(12) oversee an integrated analytical approach to physical and cyber infrastructure analysis; and ``(13) carry out such other duties and powers prescribed by law or delegated by the Secretary. ``(d) Deputy Director.--There shall be in the Agency a Deputy Director of Cybersecurity and Infrastructure Security who shall-- ``(1) assist the Director in the management of the Agency; and ``(2) report to the Director. ``(e) Cybersecurity and Infrastructure Security Authorities of the Secretary.-- ``(1) In general.--The responsibilities of the Secretary relating to cybersecurity and infrastructure security shall include the following: ``(A) To access, receive, and analyze law enforcement information, intelligence information, and other information from Federal Government agencies, State, local, tribal, and territorial government agencies, including law enforcement agencies, and private sector entities, and to integrate that information, in support of the mission responsibilities of the Department, in order to-- ``(i) identify and assess the nature and scope of terrorist threats to the homeland; ``(ii) detect and identify threats of terrorism against the United States; and ``(iii) understand those threats in light of actual and potential vulnerabilities of the homeland. ``(B) To carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks [[Page S3817]] within the United States, including an assessment of the probability of success of those attacks and the feasibility and potential efficacy of various countermeasures to those attacks. At the discretion of the Secretary, such assessments may be carried out in coordination with Sector-Specific Agencies. ``(C) To integrate relevant information, analysis, and vulnerability assessments, regardless of whether the information, analysis, or assessments are provided or produced by the Department, in order to make recommendations, including prioritization, for protective and support measures by the Department, other Federal Government agencies, State, local, tribal, and territorial government agencies and authorities, the private sector, and other entities regarding terrorist and other threats to homeland security. ``(D) To ensure, pursuant to section 202, the timely and efficient access by the Department to all information necessary to discharge the responsibilities under this title, including obtaining that information from other Federal Government agencies. ``(E) To develop, in coordination with the Sector-Specific Agencies with available expertise, a comprehensive national plan for securing the key resources and critical infrastructure of the United States, including power production, generation, and distribution systems, information technology and telecommunications systems (including satellites), electronic financial and property record storage and transmission systems, emergency communications systems, and the physical and technological assets that support those systems. ``(F) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other Federal Government agencies, including Sector-Specific Agencies, and in cooperation with State, local, tribal, and territorial government agencies and authorities, the private sector, and other entities. ``(G) To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information relating to homeland security within the Federal Government and between Federal Government agencies and State, local, tribal, and territorial government agencies and authorities. ``(H) To disseminate, as appropriate, information analyzed by the Department within the Department to other Federal Government agencies with responsibilities relating to homeland security and to State, local, tribal, and territorial government agencies and private sector entities with those responsibilities in order to assist in the deterrence, prevention, or preemption of, or response to, terrorist attacks against the United States. ``(I) To consult with State, local, tribal, and territorial government agencies and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States. ``(J) To ensure that any material received pursuant to this Act is protected from unauthorized disclosure and handled and used only for the performance of official duties. ``(K) To request additional information from other Federal Government agencies, State, local, tribal, and territorial government agencies, and the private sector relating to threats of terrorism in the United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative agreements through the Secretary to obtain that information. ``(L) To establish and utilize, in conjunction with the Chief Information Officer of the Department, a secure communications and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate. ``(M) To coordinate training and other support to the elements and personnel of the Department, other Federal Government agencies, and State, local, tribal, and territorial government agencies that provide information to the Department, or are consumers of information provided by the Department, in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the Department. ``(N) To coordinate with Federal, State, local, tribal, and territorial law enforcement agencies, and the private sector, as appropriate. ``(O) To exercise the authorities and oversight of the functions, personnel, assets, and liabilities of those components transferred to the Department pursuant to section 201(g). ``(P) To carry out the functions of the national cybersecurity and communications integration center under section 2209. ``(Q) To carry out the requirements of the Chemical Facility Anti-Terrorism Standards Program established under title XXI and the secure handling of ammonium nitrate program established under subtitle J of title VIII, or any successor programs. ``(2) Reallocation.--The Secretary may reallocate within the Agency the functions specified in sections 2203(b) and 2204(b), consistent with the responsibilities provided in paragraph (1), upon certifying to and briefing the appropriate congressional committees, and making available to the public, not less than 60 days before the reallocation that the reallocation is necessary for carrying out the activities of the Agency. ``(3) Staff.-- ``(A) In general.--The Secretary shall provide the Agency with a staff of analysts having appropriate expertise and experience to assist the Agency in discharging the responsibilities of the Agency under this section. ``(B) Private sector analysts.--Analysts under this subsection may include analysts from the private sector. ``(C) Security clearances.--Analysts under this subsection shall possess security clearances appropriate for their work under this section. ``(4) Detail of personnel.-- ``(A) In general.--In order to assist the Agency in discharging the responsibilities of the Agency under this section, personnel of the Federal agencies described in subparagraph (B) may be detailed to the Agency for the performance of analytic functions and related duties. ``(B) Agencies.--The Federal agencies described in this subparagraph are-- ``(i) the Department of State; ``(ii) the Central Intelligence Agency; ``(iii) the Federal Bureau of Investigation; ``(iv) the National Security Agency; ``(v) the National Geospatial-Intelligence Agency; ``(vi) the Defense Intelligence Agency; ``(vii) Sector-Specific Agencies; and ``(viii) any other agency of the Federal Government that the President considers appropriate. ``(C) Interagency agreements.--The Secretary and the head of a Federal agency described in subparagraph (B) may enter into agreements for the purpose of detailing personnel under this paragraph. ``(D) Basis.--The detail of personnel under this paragraph may be on a reimbursable or non-reimbursable basis. ``(f) Composition.--The Agency shall be composed of the following divisions: ``(1) The Cybersecurity Division, headed by an Assistant Director. ``(2) The Infrastructure Security Division, headed by an Assistant Director. ``(3) The Emergency Communications Division under title XVIII, headed by an Assistant Director. ``(g) Co-location.-- ``(1) In general.--To the maximum extent practicable, the Director shall examine the establishment of central locations in geographical regions with a significant Agency presence. ``(2) Coordination.--When establishing the central locations described in paragraph (1), the Director shall coordinate with component heads and the Under Secretary for Management to co-locate or partner on any new real property leases, renewing any occupancy agreements for existing leases, or agreeing to extend or newly occupy any Federal space or new construction. ``(h) Privacy.-- ``(1) In general.--There shall be a Privacy Officer of the Agency with primary responsibility for privacy policy and compliance for the Agency. ``(2) Responsibilities.--The responsibilities of the Privacy Officer of the Agency shall include-- ``(A) ensuring that the use of technologies by the Agency sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; ``(B) ensuring that personal information contained in systems of records of the Agency is handled in full compliance as specified in section 552a of title 5, United States Code (commonly known as the `Privacy Act of 1974'); ``(C) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Agency; and ``(D) conducting a privacy impact assessment of proposed rules of the Agency on the privacy of personal information, including the type of personal information collected and the number of people affected. ``(i) Savings.--Nothing in this title may be construed as affecting in any manner the authority, existing on the day before the date of enactment of this title, of any other component of the Department or any other Federal department or agency. ``SEC. 2203. CYBERSECURITY DIVISION. ``(a) Establishment.-- ``(1) In general.--There is established in the Agency a Cybersecurity Division. ``(2) Assistant director.--The Cybersecurity Division shall be headed by an Assistant Director for Cybersecurity (in this section referred to as the `Assistant Director'), who shall-- ``(A) be at the level of Assistant Secretary within the Department; ``(B) be appointed by the President without the advice and consent of the Senate; and ``(C) report to the Director. ``(3) Reference.--Any reference to the Assistant Secretary for Cybersecurity and Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Director for Cybersecurity. ``(b) Functions.--The Assistant Director shall-- ``(1) direct the cybersecurity efforts of the Agency; [[Page S3818]] ``(2) carry out activities, at the direction of the Director, related to the security of Federal information and Federal information systems consistent with law, including subchapter II of chapter 35 of title 44, United States Code, and the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114- 113)); ``(3) fully participate in the mechanisms required under section 2202(c)(7); and ``(4) carry out such other duties and powers as prescribed by the Director. ``SEC. 2204. INFRASTRUCTURE SECURITY DIVISION. ``(a) Establishment.-- ``(1) In general.--There is established in the Agency an Infrastructure Security Division. ``(2) Assistant director.--The Infrastructure Security Division shall be headed by an Assistant Director for Infrastructure Security (in this section referred to as the `Assistant Director'), who shall-- ``(A) be at the level of Assistant Secretary within the Department; ``(B) be appointed by the President without the advice and consent of the Senate; and ``(C) report to the Director. ``(3) Reference.--Any reference to the Assistant Secretary for Infrastructure Protection in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Director for Infrastructure Security. ``(b) Functions.--The Assistant Director shall-- ``(1) direct the critical infrastructure security efforts of the Agency; ``(2) carry out, at the direction of the Director, the Chemical Facilities Anti-Terrorism Standards Program established under title XXI and the secure handling of ammonium nitrate program established under subtitle J of title VIII, or any successor programs; ``(3) fully participate in the mechanisms required under section 2202(c)(7); and ``(4) carry out such other duties and powers as prescribed by the Director.''. (b) Treatment of Certain Positions.-- (1) Under secretary.--The individual serving as the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) of the Department of Homeland Security on the day before the date of enactment of this Act may continue to serve as the Director of Cybersecurity and Infrastructure Security of the Department on and after such date. (2) Director for emergency communications.--The individual serving as the Director for Emergency Communications of the Department of Homeland Security on the day before the date of enactment of this Act may continue to serve as the Assistant Director for Emergency Communications of the Department on and after such date. (3) Assistant secretary for cybersecurity and communications.--The individual serving as the Assistant Secretary for Cybersecurity and Communications on the day before the date of enactment of this Act may continue to serve as the Assistant Director for Cybersecurity on and after such date. (4) Assistant secretary for infrastructure protection.--The individual serving as the Assistant Secretary for Infrastructure Protection on the day before the date of enactment of this Act may continue to serve as the Assistant Director for Infrastructure Security on and after such date. (c) Reference.--Any reference to-- (1) the Office of Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Emergency Communications Division; and (2) the Director for Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Director for Emergency Communications. (d) Oversight.--The Director of Cybersecurity and Infrastructure Security of the Department of Homeland Security shall provide to Congress, in accordance with the deadlines specified in paragraphs (1) through (6), information on the following: (1) Not later than 60 days after the date of enactment of this Act, a briefing on the activities of the Agency relating to the development and use of the mechanisms required pursuant to section 2202(c)(7) of the Homeland Security Act of 2002 (as added by subsection (a)). (2) Not later than 1 year after the date of the enactment of this Act, a briefing on the activities of the Agency relating to the use and improvement by the Agency of the mechanisms required pursuant to section 2202(c)(7) of the Homeland Security Act of 2002 and how such activities have impacted coordination, situational awareness, and communications with Sector-Specific Agencies. (3) Not later than 90 days after the date of the enactment of this Act, information on the mechanisms of the Agency for regular and ongoing consultation and collaboration, as required pursuant to section 2202(c)(8) of the Homeland Security Act of 2002 (as added by subsection (a)). (4) Not later than 1 year after the date of the enactment of this Act, information on the activities of the consultation and collaboration mechanisms of the Agency as required pursuant to section 2202(c)(8) of the Homeland Security Act of 2002, and how such mechanisms have impacted operational coordination, situational awareness, and integration across the Agency. (5) Not later than 180 days after the date of enactment of this Act, information, which shall be made publicly available and updated as appropriate, on the mechanisms and structures of the Agency responsible for stakeholder outreach and engagement, as required under section 2202(c)(11) of the Homeland Security Act of 2002 (as added by subsection (a)). (6) Not later than 1 year after the date of enactment of this Act, and annually thereafter, information on EMP and GMD (as defined in section 2 of the Homeland Security Act (6 U.S.C. 101)), which shall include-- (A) a summary of the threats and consequences, as of the date of the information, of electromagnetic events to the critical infrastructure of the United States; (B) Department of Homeland Security efforts as of the date of the information, including with respect to-- (i) risk assessments; (ii) mitigation actions; (iii) coordinating with the Department of Energy to identify critical electric infrastructure assets subject to EMP or GMD risk; and (iv) current and future plans for engagement with the Department of Energy, the Department of Defense, the National Oceanic and Atmospheric Administration, and other relevant Federal departments and agencies; (C) as of the date of the information, current collaboration, and plans for future engagement, with critical infrastructure owners and operators; (D) an identification of internal roles to address electromagnetic risks to critical infrastructure; and (E) plans for implementation and protecting and preparing United States critical infrastructure against electromagnetic threats. (e) Cyber Workforce.--Not later than 90 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in coordination with the Director of the Office of Personnel Management, shall submit to Congress a report detailing how the Agency is meeting legislative requirements under the Cybersecurity Workforce Assessment Act (Public Law 113-246; 128 Stat. 2880) and the Homeland Security Cybersecurity Workforce Assessment Act (6 U.S.C. 146 note; Public Law 113-277) to address cyber workforce needs. (f) Facility.--Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall report to Congress on the most efficient and effective methods of consolidating Agency facilities, personnel, and programs to most effectively carry out the mission of the Agency. (g) Technical and Conforming Amendments to the Homeland Security Act of 2002.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) by amending section 103(a)(1)(H) (6 U.S.C. 113(a)(1)(H)) to read as follows: ``(H) A Director of the Cybersecurity and Infrastructure Security Agency.''; (2) in title II (6 U.S.C. 121 et seq.)-- (A) in the title heading, by striking ``AND INFRASTRUCTURE PROTECTION''; (B) in the subtitle A heading, by striking ``and Infrastructure Protection''; (C) in section 201 (6 U.S.C. 121)-- (i) in the section heading, by striking ``and infrastructure protection''; (ii) in subsection (a)-- (I) in the subsection heading, by striking ``and Infrastructure Protection''; and (II) by striking ``and an Office of Infrastructure Protection''; (iii) in subsection (b)-- (I) in the subsection heading, by striking ``and Assistant Secretary for Infrastructure Protection''; and (II) by striking paragraph (3); (iv) in subsection (c)-- (I) by striking ``and infrastructure protection''; and (II) by striking ``or the Assistant Secretary for Infrastructure Protection, as appropriate''; (v) in subsection (d)-- (I) in the subsection heading, by striking ``and Infrastructure Protection''; (II) in the matter preceding paragraph (1), by striking ``and infrastructure protection''; (III) by striking paragraphs (5), (6), and (25); (IV) by redesignating paragraphs (7) through (24) as paragraphs (5) through (22), respectively; (V) by redesignating paragraph (26) as paragraph (23); and (VI) in paragraph (23)(B)(i), as so redesignated, by striking ``section 319'' and inserting ``section 320''; (vi) in subsection (e)(1), by striking ``and the Office of Infrastructure Protection''; (vii) in subsection (f)(1), by striking ``and the Office of Infrastructure Protection''; and (viii) in subsection (g), in the matter preceding paragraph (1), by striking ``and the Office of Infrastructure Protection''; (D) in section 202 (6 U.S.C. 122)-- (i) in subsection (c), in the matter preceding paragraph (1), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; and (ii) in subsection (d)(2), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; (E) in section 204 (6 U.S.C. 124a)-- [[Page S3819]] (i) in subsection (c)(1), in the matter preceding subparagraph (A), by striking ``Assistant Secretary for Infrastructure Protection'' and inserting ``Director of the Cybersecurity and Infrastructure Security Agency''; and (ii) in subsection (d)(1), in the matter preceding subparagraph (A), by striking ``Assistant Secretary for Infrastructure Protection'' and inserting ``Director of the Cybersecurity and Infrastructure Security Agency''; (F) by redesignating section 210E (6 U.S.C. 124l) as section 2214 and transferring such section to appear after section 2213 (as redesignated by subparagraph (I)); (G) in subtitle B, by redesignating sections 211 through 215 (6 U.S.C. 101 note, and 131 through 134) as sections 2221 through 2225, respectively, and transferring such subtitle, including the enumerator and heading of subtitle B and such sections, to appear after section 2214 (as redesignated by subparagraph (G)); (H) by redesignating sections 223 through 230 (6 U.S.C. 143 through 151) as sections 2205 through 2213, respectively, and transferring such sections to appear after section 2204, as added by this Act; (I) by redesignating section 210F as section 210E; and (J) by redesignating subtitles C and D as subtitles B and C, respectively; (3) in title III (6 U.S.C. 181 et seq.)-- (A) in section 302 (6 U.S.C. 182)-- (i) by striking ``biological,,'' each place that term appears and inserting ``biological,''; and (ii) in paragraph (3), by striking ``Assistant Secretary for Infrastructure Protection'' and inserting ``Director of the Cybersecurity and Infrastructure Security Agency''; (B) by redesignating the second section 319 (6 U.S.C. 195f) (relating to EMP and GMD mitigation research and development) as section 320; and (C) in section 320(c)(1), as so redesignated, by striking ``Section 214'' and inserting ``Section 2224''; (4) in title V (6 U.S.C. 311 et seq.)-- (A) in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by striking ``The Director of the Office of Emergency Communications of the Department of Homeland Security'' and inserting ``The Assistant Director for Emergency Communications''; (B) in section 514 (6 U.S.C. 321c)-- (i) by striking subsection (b); and (ii) by redesignating subsection (c) as subsection (b); and (C) in section 523 (6 U.S.C. 321l)-- (i) in subsection (a), in the matter preceding paragraph (1), by striking ``Assistant Secretary for Infrastructure Protection'' and inserting ``Director of Cybersecurity and Infrastructure Security''; and (ii) in subsection (c), by striking ``Assistant Secretary for Infrastructure Protection'' and inserting ``Director of Cybersecurity and Infrastructure Security''; (5) in title VIII (6 U.S.C. 361 et seq.)-- (A) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)), by striking ``Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department'' and inserting ``Director of Cybersecurity and Infrastructure Security''; and (B) in section 899B(a) (6 U.S.C. 488a(a)), by adding at the end the following: ``Such regulations shall be carried out by the Cybersecurity and Infrastructure Security Agency.''; (6) in title XVIII (6 U.S.C. 571 et seq.)-- (A) in section 1801 (6 U.S.C. 571)-- (i) in the section heading, by striking ``office of emergency communications'' and inserting ``emergency communications division''; (ii) in subsection (a)-- (I) by striking ``Office of Emergency Communications'' and inserting ``Emergency Communications Division''; and (II) by adding at the end the following: ``The Division shall be located in the Cybersecurity and Infrastructure Security Agency.''; (iii) by amending subsection (b) to read as follows: ``(b) Assistant Director.--The head of the Division shall be the Assistant Director for Emergency Communications. The Assistant Director shall report to the Director of Cybersecurity and Infrastructure Security. All decisions of the Assistant Director that entail the exercise of significant authority shall be subject to the approval of the Director of Cybersecurity and Infrastructure Security.''; (iv) in subsection (c)-- (I) in the matter preceding paragraph (1), by inserting ``Assistant'' before ``Director''; (II) in paragraph (15), as added by section 1431(a)(7), by striking ``and'' at the end; (III) by redesignating paragraph (16), as so redesignated by section 1431(a)(3), as paragraph (17); and (IV) by inserting after paragraph (15) the following: ``(16) fully participate in the mechanisms required under section 2202(c)(8); and''; (v) in subsection (d), in the matter preceding paragraph (1), by inserting ``Assistant'' before ``Director''; and (vi) in subsection (e), in the matter preceding paragraph (1), by inserting ``Assistant'' before ``Director''; (B) in sections 1802 through 1805 (6 U.S.C. 572 through 575), by striking ``Director for Emergency Communications'' each place that term appears and inserting ``Assistant Director for Emergency Communications''; (C) in section 1809 (6 U.S.C. 579)-- (i) by striking ``Director of Emergency Communications'' each place that term appears and inserting ``Assistant Director for Emergency Communications''; (ii) in subsection (b)-- (I) by striking ``Director for Emergency Communications'' and inserting ``Assistant Director for Emergency Communications''; and (II) by striking ``Office of Emergency Communications'' and inserting ``Emergency Communications Division''; (iii) in subsection (e)(3), by striking ``the Director'' and inserting ``the Assistant Director''; and (iv) in subsection (m)(1)-- (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.-- [[Page S3820]] (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 AGENCY ``Subtitle A--Cybersecurity and Infrastructure Security ``Sec. 2201. Definitions. ``Sec. 2202. Cybersecurity and Infrastructure Security Agency. ``Sec. 2203. Cybersecurity Division. ``Sec. 2204. Infrastructure Security Division. ``Sec. 2205. Enhancement of Federal and non-Federal cybersecurity. ``Sec. 2206. Net guard. ``Sec. 2207. Cyber Security Enhancement Act of 2002. ``Sec. 2208. Cybersecurity recruitment and retention. ``Sec. 2209. National cybersecurity and communications integration center. ``Sec. 2210. Cybersecurity plans. ``Sec. 2211. Cybersecurity strategy. ``Sec. 2212. Clearances. ``Sec. 2213. Federal intrusion detection and prevention system. ``Sec. 2214. National Asset Database. ``Subtitle B--Critical Infrastructure Information ``Sec. 2221. Short title. ``Sec. 2222. Definitions. ``Sec. 2223. Designation of critical infrastructure protection program. ``Sec. 2224. Protection of voluntarily shared critical infrastructure information. ``Sec. 2225. No private right of action.''. SEC. 1602. TRANSFER OF OTHER ENTITIES. (a) Office of Biometric Identity Management.--The Office of Biometric Identity Management of the Department of Homeland Security located in the National Protection and Programs Directorate of the Department of Homeland Security on the day before the date of enactment of this Act is hereby transferred to the Management Directorate of the Department. (b) Federal Protective Service.-- (1) In general.--Not later than 90 days following the completion of the Government Accountability Office review of the organizational placement of the Federal Protective Service, as requested by Congress, the Secretary of Homeland Security shall submit to the Director of the Office of Management and Budget and the appropriate committees of Congress a recommendation regarding the appropriate placement of the Federal Protective Service within the executive branch of the Federal Government. (2) Consultation and assessment.--The recommendation described in paragraph (1) shall-- (A) be developed after consultation with the head of any executive branch entity that the Secretary intends to recommend for the placement of the Federal Protective Service; and (B) include-- (i) an assessment of the how the Department of Homeland Security considered the Government Accountability Office review described in paragraph (1) and any other relevant analysis; and (ii) an explanation of any statutory changes that may be necessary to effectuate the recommendation. SEC. 1603. DHS REPORT ON CLOUD-BASED CYBERSECURITY. (a) Definition.--In this section, the term ``Department'' means the Department of Homeland Security. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform and the Committee on Homeland Security of the House of Representatives a report on the leadership role of the Department in cloud-based cybersecurity deployments for civilian Federal departments and agencies, which shall include-- (1) information on the plan of the Department for offering automated, software-based Security Operations Center as a service capabilities in accordance with the December 2017 Report to the President on Federal IT Modernization issued by the American Technology Council; (2) information on what capabilities the Department will prioritize for those service capabilities, including-- [[Page S3821]] (A) criteria the Department will use to evaluate capabilities offered by the private sector; and (B) information on how government- and private sector- provided capabilities will be integrated to enable visibility and consistency of security capabilities across all cloud and on premise environments, as called for in the report described in paragraph (1); and (3) information on how the Department will adapt the current capabilities of, and future enhancements to, the intrusion detection and prevention system of the Department and the Continuous Diagnostics and Mitigation Program of the Department to secure civilian government networks in a cloud environment. SEC. 1604. RULE OF CONSTRUCTION. Nothing in this title or an amendment made by this title may be construed as-- (1) conferring new authorities to the Secretary of Homeland Security, including programmatic, regulatory, or enforcement authorities, outside of the authorities in existence on the day before the date of enactment of this Act; (2) reducing or limiting the programmatic, regulatory, or enforcement authority vested in any other Federal agency by statute; or (3) affecting in any manner the authority, existing on the day before the date of enactment of this Act, of any other Federal agency or component of the Department of Homeland Security. SEC. 1605. PROHIBITION ON ADDITIONAL FUNDING. No additional funds are authorized to be appropriated to carry out this title or the amendments made by this title. This title and the amendments made by this title shall be carried out using amounts otherwise authorized. TITLE VII--OTHER MATTERS Subtitle A--Miscellaneous SEC. 1701. AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF INSPECTOR GENERAL. There is authorized to be appropriated for the Office of the Inspector General of the Department of Homeland Security $175,000,000 for each of fiscal years 2018 and 2019. SEC. 1702. CANINE TEAMS. Components of the Department of Homeland Security may request additional canine teams when there is a justified and documented shortage and such additional canine teams would be effective for drug detection or to enhance security. SEC. 1703. REPORT ON RESOURCE REQUIREMENTS TO RESPOND TO CONGRESSIONAL REQUESTS. (a) Definitions.--In this section-- (1) the term ``Department'' means the Department of Homeland Security; and (2) the term ``Secretary'' means the Secretary of Homeland Security. (b) Report.--Not later than 60 days after the date of enactment of this Act, and every year thereafter, the Secretary shall submit to Congress a report on requests made by Congress to the Department that shall include, with respect to the fiscal year preceding the report or, if available, the preceding 5 fiscal years-- (1) the total number of congressional requests to the Department, including a breakdown of the number of requests made by committees, subcommittees, and caucuses; (2) the total number of congressional responses for which the Department was required to prepare, including a breakdown of the number of hearings, briefings, and outreach events for the Department and each component of the Department; (3) the total number of requests for similar or duplicative briefings, hearings, and other events that were made by multiple committees of Congress, including-- (A) a breakdown of the number of requests for the Department and each component of the Department; and (B) a breakdown of the number of requests for hearings by topic and by the requesting committees and subcommittees of Congress; (4) the total number of written testimony before committees and reports that the Department had to prepare for or respond to, including-- (A) a breakdown of the number of written testimony before committees and reports that the Department and each component of the Department had to prepare for or respond to; and (B) a breakdown of the number of written testimony before committees and reports that the Department and each component of the Department had to prepare for or respond to by topic, as determined by the Secretary; (5) the total number and a list of congressional document requests and subpoenas sent to the Department, including all pending document requests and subpoenas, including-- (A) whether a request is currently pending; (B) how long it took the Department to respond fully to each request, or, for pending requests, how long the request has been outstanding; and (C) the reason for any response time greater than 90 days from the date on which the original request was received; (6) the total number and a list of congressional questions for the record sent to the Department, including all pending questions for the record, including-- (A) whether a question for the record is currently pending; (B) how long it took the Department to respond fully to each question for the record, or, for pending questions for the record, how long the request has been outstanding; and (C) the reason for any response time greater than 90 days from the date on which the original question for the record was received; and (7) the total number and a list of congressional letter requests for information, not including requests for documents or questions for the record, sent to the Department, including all pending requests for information, including-- (A) whether the request for information is currently pending; (B) how long it took the Department to respond fully to each request for information, or, pending requests for information, how long the request has been outstanding; and (C) the reason for any response time greater than 90 days from the date on which the original request for information was received; and (8) any additional information as determined by the Secretary. (c) Termination.--This section shall terminate on the date that is 5 years after the date of enactment of this Act. SEC. 1704. REPORT ON COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA TO COMBAT ILLICIT OPIOID SHIPMENTS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, shall submit to Congress a report on current and planned cooperation with the Government of the People's Republic of China to end opioid smuggling, including through online sellers, which shall include a discussion of-- (1) plans to leverage high-level partnerships with Chinese officials established through the United States-China Law Enforcement and Cybersecurity Dialogue to combat the shipment of illicit opioids to the United States; (2) the current status and expected time frame for scheduling additional illicit opioids as illegal; (3) the current status and expected time frame for shutting down smuggling routes and methods, including online sellers located in China; and (4) any additional forums or diplomatic channels that should be used to further cooperation with other foreign governments to combat illicit opioid shipments. Subtitle B--Commission to Review the Congressional Oversight of the Department of Homeland Security SEC. 1711. SHORT TITLE. This subtitle may be cited as the ``Congressional Commission to Review the Congressional Oversight of the Department of Homeland Security Act of 2018''. SEC. 1712. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Congressional Commission to Review Congressional Oversight of the Department of Homeland Security'' (in this subtitle referred to as the ``Commission''). SEC. 1713. MEMBERS OF THE COMMISSION. (a) Members.--The Commission shall be composed of 6 members, of whom-- (1) 1 member shall be appointed by the Majority Leader of the Senate, in consultation with the leader of the House of Representatives who is a member of the political party of which the Majority Leader is a member, who shall serve as chairperson of the Commission; (2) 1 member shall be appointed by the Minority Leader of the Senate, in consultation with the leader of the House of Representatives who is a member of the political party of which the Minority Leader is a member, who shall serve as vice chairperson of the Commission; (3) 1 member shall be appointed by the Majority Leader of the Senate; (4) 1 member shall be appointed by the Minority Leader of the Senate; (5) 1 member shall be appointed by the Majority Leader of the House of Representatives; and (6) 1 member shall be appointed by the Minority Leader of the House of Representatives. (b) Expertise.--In making appointments under this section, the individual making the appointment shall give consideration to-- (1) individuals with expertise in homeland security and congressional oversight; and (2) individuals with prior senior leadership experience in the executive or legislative branch. (c) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (d) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect the powers of the Commission, and shall be filled in the manner in which the original appointment was made. (e) Compensation.--Members of the Commission shall serve without pay. (f) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (g) Security Clearances.--The appropriate Federal agencies or departments shall [[Page S3822]] cooperate with the Commission in expeditiously providing to the members and employees of the Commission appropriate security clearances to the extent possible, pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this subtitle without the appropriate security clearances. SEC. 1714. DUTIES OF THE COMMISSION. (a) Study of the Department of Homeland Security.--The Commission shall conduct a comprehensive study of the congressional oversight of the Department of Homeland Security, including its components, subcomponents, directorates, agencies, and any other entities within the Department to-- (1) review the congressional oversight of the Department of Homeland Security; and (2) make recommendations on how congressional committee jurisdictions in the Senate and House of Representatives could be modified to promote homeland security and the efficiency and congressional oversight of the Department. (b) Report.--Upon the affirmative vote of not less than 4 of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of the findings and conclusions of the Commission based on the study carried out under subsection (a), together with the recommendations of the Commission for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (c) Deadline.--The Commission shall submit the report under subsection (b) not later than 9 months after the date on which a majority of the members of the Commission are appointed. SEC. 1715. OPERATION AND POWERS OF THE COMMISSION. (a) Executive Branch Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Department of Homeland Security. (2) The Department of Justice. (3) The Department of State. (4) The Office of Management and Budget. (5) Any other agency, as determined by the Commission. (b) Meetings.--The Commission shall meet-- (1) not later than 30 days after the date on which a majority of the members of the Commission have been appointed; and (2) at such times thereafter, at the call of the chairperson or vice chairperson. (c) Rules of Procedure.--The chairperson and vice chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this subtitle, hold hearings, sit, and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts.--The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this subtitle. (f) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies.--In addition to the assistance under paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. SEC. 1716. FUNDING. (a) In General.--Subject to subsection (b) and the availability of appropriations, at the request of the chairperson of the Commission, the Secretary of Homeland Security shall transfer funds, as specified in advance in appropriations Acts and in a total amount not to exceed $1,000,000, to the Commission for purposes of carrying out the activities of the Commission as provided in this subtitle. (b) Duration of Availability.--Amounts transferred to the Commission under subsection (a) shall remain available until the date on which the Commission terminates. (c) Prohibition on New Funding.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise available for the Department of Homeland Security and transferred under subsection (a). SEC. 1717. PERSONNEL. (a) Executive Director.--The Commission shall have an Executive Director who shall be appointed by the chairperson with the concurrence of the vice chairperson. The Executive Director shall be paid at a rate of pay established by the chairperson and vice chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff of the Commission.--The Executive Director of the Commission may appoint and fix the pay of additional staff as the Executive Director considers appropriate. (c) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (d) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 1718. TERMINATION. The Commission shall terminate not later than 1 year after the date of enactment of this Act. Subtitle C--Technical and Conforming Amendments SEC. 1731. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002. (a) Title IV.--Title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is amended as follows: (1) In section 427 (6 U.S.C. 235), by striking subsection (c). (2) By striking section 431 (6 U.S.C. 239). (3) In section 476 (6 U.S.C. 296)-- (A) by striking ``the Bureau of Citizenship and Immigration Services'' each place the term appears and inserting ``United States Citizenship and Immigration Services''; and (B) by striking ``the Bureau of Border Security'' each place the term appears and inserting ``U.S. Immigration and Customs Enforcement''. (4) In section 478 (6 U.S.C. 298)-- (A) in the section heading, by inserting ``annual report on'' before ``immigration''; (B) by striking subsection (b); (C) in subsection (a)-- (i) by striking ``Report.--'' and all that follows through ``One year'' and inserting ``Report.--One year''; and (ii) by redesignating paragraph (2) as subsection (b) and adjusting the margin accordingly; and (D) in subsection (b), as so redesignated-- (i) in the heading, by striking ``Matter included'' and inserting ``Matter Included''; and (ii) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and adjusting the margin accordingly. (b) Title VIII.--Section 812 of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2222; 5 U.S.C. App., note to section 6 of Public Law 95-452) is amended as follows: (1) By redesignating such section 812 as section 811. (2) By striking subsections (a) and (c). (3) In subsection (b)-- (A) by striking ``(as added by subsection (a) of this section)'' each place it appears; (B) by redesignating paragraphs (2), (3), and (4) as subsections (b), (c), and (d), respectively, and adjusting the margin accordingly; (C) in paragraph (1), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margin accordingly; and (D) by striking ``(b) Promulgation of Initial Guidelines.-- '' and all that follows through ``In this subsection'' and inserting the following: ``(a) Definition.--In this section''. (4) In subsection (b), as so redesignated, by striking ``In general'' and inserting ``In General''. (5) In subsection (c), as so redesignated, by striking ``Minimum requirements'' and inserting ``Minimum Requirements''. (6) In subsection (d), as so redesignated, by striking ``No lapse of authority'' and inserting ``No Lapse of Authority''. (c) Title IX.--Section 903(a) of the Homeland Security Act of 2002 (6 U.S.C. 493(a)) is amended in the subsection heading by striking ``Members--'' and inserting ``Members.-- ''. (d) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended as follows: (1) By striking the item relating to section 478 and inserting the following: ``Sec. 478. Annual report on immigration functions.''. (2) By striking the items relating to sections 811 and 812 and inserting the following: ``Sec. 811. Law enforcement powers of Inspector General agents.''. DIVISION F--TSA MODERNIZATION ACT SEC. 2001. SHORT TITLE; REFERENCES. (a) Short Title.--This division may be cited as the ``TSA Modernization Act''. (b) References to Title 49, United States Code.--Except as otherwise expressly provided, wherever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2002. DEFINITIONS. In this division: (1) Administrator.--The term ``Administrator'' means the Administrator of the TSA. (2) Appropriate committees of congress.-- [[Page S3823]] (A) In general.--The term ``appropriate committees of Congress'' means-- (i) the Committee on Commerce, Science, and Transportation of the Senate; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and (iii) the Committee on Homeland Security of the House of Representatives. (B) Inclusions.--In title III, the term ``appropriate committees of Congress'' includes the Committee on Transportation and Infrastructure of the House of Representatives. (3) ASAC.--The term ``ASAC'' means the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code. (4) Explosive detection canine team.--The term ``explosives detection canine team'' means a canine and a canine handler that are trained to detect explosives and other threats as defined by the Secretary. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) TSA.--The term ``TSA'' means the Transportation Security Administration. TITLE I--ORGANIZATION AND AUTHORIZATIONS SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. Section 114(w) is amended to read as follows: ``(w) Authorization of Appropriations.--There are authorized to be appropriated to the Transportation Security Administration for salaries, operations, and maintenance of the Administration-- ``(1) $7,849,247,000 for fiscal year 2019; ``(2) $7,888,494,000 for fiscal year 2020; and ``(3) $7,917,936,000 for fiscal year 2021.''. SEC. 2102. ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION; 5-YEAR TERM. (a) In General.--Section 114, as amended by section 2101, is further amended-- (1) in subsection (a), by striking ``Department of Transportation'' and inserting ``Department of Homeland Security''; (2) by amending subsection (b) to read as follows: ``(b) Leadership.-- ``(1) Head of transportation security administration.-- ``(A) Appointment.--The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the `Administrator'). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. ``(B) Qualifications.--The Administrator must-- ``(i) be a citizen of the United States; and ``(ii) have experience in a field directly related to transportation or security. ``(C) Term.--Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after August 1, 2017, the term of office of an individual appointed as the Administrator shall be 5 years. ``(2) Deputy administrator.-- ``(A) Appointment.--There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President. ``(B) Vacancy.--The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator. ``(C) Qualifications.--The Deputy Administrator must-- ``(i) be a citizen of the United States; and ``(ii) have experience in a field directly related to transportation or security. ``(3) Chief counsel.-- ``(A) Appointment.--There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration. The Chief Counsel shall be appointed by the President. The Chief Counsel shall be Acting Deputy Administrator during the absence or incapacity of the Deputy Administrator or during a vacancy in the office of the Deputy Administrator. ``(B) Qualifications.--The Chief Counsel must be a citizen of the United States.''; (3) in subsections (c), (e) through (n), (p), (q), and (r), by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; and (4) by amending subsection (d) to read as follows: ``(d) Functions.--The Administrator shall be responsible for-- ``(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; ``(2) security in land-based transportation, including railroad, highway, pipeline, public transportation, and over- the-road bus; and ``(3) supporting the Coast Guard with maritime security.''. (b) Technical and Conforming Amendments.--Section 114, as amended by subsection (a), is further amended-- (1) in subsection (g)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``Subject to the direction and control of the Secretary'' and inserting ``Subject to the direction and control of the Secretary of Homeland Security''; and (ii) in subparagraph (D), by inserting ``of Homeland Security'' after ``Secretary''; and (B) in paragraph (3), by inserting ``of Homeland Security'' after ``Secretary''; (2) in subsection (j)(1)(D), by inserting ``of Homeland Security'' after ``Secretary''; (3) in subsection (k), by striking ``functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act,'' and inserting ``functions assigned''; (4) in subsection (l)(4)(B), by striking ``Administrator under subparagraph (A)'' and inserting ``Administrator of the Federal Aviation Administration under subparagraph (A)''; (5) in subsection (n), by striking ``Department of Transportation'' and inserting ``Department of Homeland Security''; (6) in subsection (o), by striking ``Department of Transportation'' and inserting ``Department of Homeland Security''; (7) in subsection (p)(4), by striking ``Secretary of Transportation'' and inserting ``Secretary of Homeland Security''; (8) in subsection (s)-- (A) in paragraph (3)(B), by inserting ``)'' after ``Act of 2007''; and (B) in paragraph (4)-- (i) in the heading, by striking ``Submissions of plans to congress'' and inserting ``Submission of plans''; (ii) by striking subparagraph (A); (iii) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; (iv) in subparagraph (A), as redesignated-- (I) in the heading, by striking ``Subsequent versions'' and inserting ``In general''; and (II) by striking ``After December 31, 2015, the'' and inserting ``The''; and (v) in subparagraph (B)(ii)(III)(cc), as redesignated, by striking ``for the Department'' and inserting ``for the Department of Homeland Security''; (9) by redesignating subsections (u), (v), and (w) as subsections (t), (u), and (v), respectively; (10) in subsection (t), as redesignated-- (A) in paragraph (1)-- (i) by striking subparagraph (D); and (ii) by redesignating subparagraph (E) as subparagraph (D); (B) in paragraph (2), by inserting ``of Homeland Security'' after ``Plan, the Secretary''; (C) in paragraph (4)(B)-- (i) by inserting ``of Homeland Security'' after ``agency within the Department''; and (ii) by inserting ``of Homeland Security'' after ``Secretary''; (D) by amending paragraph (6) to read as follows: ``(6) Annual report on plan.--The Secretary of Homeland Security shall annually submit to the appropriate congressional committees a report containing the Plan.''; and (E) in paragraphs (7) and (8), by inserting ``of Homeland Security'' after ``Secretary''; and (11) in subsection (u), as redesignated-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``or the Administrator'' after ``Secretary of Homeland Security''; and (ii) in subparagraph (C)(ii), by striking ``Secretary's designee'' and inserting ``Secretary of Defense's designee''; (B) in subparagraphs (B), (C), (D), and (E) of paragraph (3), by inserting ``of Homeland Security'' after ``Secretary'' each place it appears; (C) in paragraph (4)(A), by inserting ``of Homeland Security'' after ``Secretary''; (D) in paragraph (5), by inserting ``of Homeland Security'' after ``Secretary''; and (E) in paragraph (7)-- (i) in subparagraph (A), by striking ``Not later than December 31, 2008, and annually thereafter, the Secretary'' and inserting ``The Secretary of Homeland Security''; and (ii) by striking subparagraph (D). (c) Executive Schedule.-- (1) Administrator of the tsa.-- (A) Positions at level ii.--Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Under Secretary of Homeland Security for Management the following: ``Administrator of the Transportation Security Administration.''. (B) Bonus eligibility.--Section 101(c)(2) of the Aviation and Transportation Security Act (5 U.S.C. 5313 note) is amended-- (i) by striking ``Under Secretary'' and inserting ``Administrator of the Transportation Security Administration''; (ii) by striking ``on the Secretary's'' and inserting ``on the Secretary of Homeland Security's''; and (iii) by striking ``Under Secretary's'' and inserting ``Administrator's''. (2) Deputy administrator of the tsa.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Administrator, Federal Aviation Administration the following: ``Deputy Administrator, Transportation Security Administration.''. (3) Chief counsel of the tsa.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Administrator, Federal Aviation Administration the following: ``Chief Counsel, Transportation Security Administration.''. SEC. 2103. TRANSPORTATION SECURITY ADMINISTRATION ORGANIZATION. Section 114, as amended by sections 2101 and 2102, is further amended by adding at the end the following: ``(w) Leadership and Organization.-- [[Page S3824]] ``(1) In general.--For each of the areas described in paragraph (2), the Administrator of the Transportation Security Administration shall appoint at least 1 individual who shall-- ``(A) report directly to the Administrator or the Administrator's designated direct report; and ``(B) be responsible and accountable for that area. ``(2) Areas described.--The areas described in this paragraph are as follows: ``(A) Aviation security operations and training, including risk-based, adaptive security focused on airport checkpoint and baggage screening operations, workforce training and development programs, and other specialized programs designed to secure air transportation. ``(B) Surface transportation security operations and training, including risk-based, adaptive security focused on accomplishing security systems assessments, reviewing and prioritizing projects for appropriated surface transportation security grants, operator compliance with voluntary industry standards, workforce training and development programs, and other specialized programs designed to secure surface transportation. ``(C) Air cargo security operations, including risk-based, adaptive security focused on air cargo operations, inspections, and other specialized programs designed to secure cargo. ``(D) Industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime. ``(E) International strategy and operations, including agency efforts to work with international partners to secure the global transportation network. ``(F) Trusted and registered traveler programs, including the management and marketing of the agency's trusted traveler initiatives, including the PreCheck Program, and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector. ``(G) Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs. ``(H) Inspection and compliance, including the integrity, efficiency and effectiveness of the agency's workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory compliance. ``(I) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling public are treated in a fair and lawful manner consistent with Federal laws and regulations protecting privacy and prohibiting discrimination and reprisal. ``(J) Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency to achieve congressional approval or authorization of agency programs and policies. ``(3) Notification.--The Administrator shall transmit to the appropriate committees of Congress-- ``(A) not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and ``(B) an update of the list not later than 5 days after any new individual is appointed under paragraph (1).''. SEC. 2104. TSA LEAP PAY REFORM. (a) Definition of Basic Pay.--Clause (ii) of section 8331(3)(E) of title 5, United States Code, is amended to read as follows: ``(ii) received after September 11, 2001, by a Federal air marshal or criminal investigator (as defined in section 5545a(a)(2)) of the Transportation Security Administration, subject to all restrictions and earning limitations imposed on criminal investigators receiving such pay under section 5545a, including the premium pay limitations under section 5547;''. (b) Effective Date; Applicability.-- (1) In general.--Subject to paragraph (2), this section, and the amendments made by this section, shall take effect on the first day of the first pay period commencing on or after the date of enactment of this section. (2) Retroactive application.-- (A) In general.--Any availability pay received for any pay period commencing before the date of enactment of this Act by a Federal air marshal or criminal investigator employed by the Transportation Security Administration shall be deemed basic pay under section 8331(3) of title 5, United States Code, if the Transportation Security Administration treated such pay as retirement-creditable basic pay, but the Office of Personnel Management, based on an interpretation of section 8331(3) of title 5, United States Code, did not accept such pay as retirement-creditable basic pay. (B) Implementation.--Not later than 3 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall commence taking such actions as are necessary to implement the amendments made by this section with respect to availability pay deemed to be basic pay under subparagraph (A). SEC. 2105. TRANSMITTALS TO CONGRESS. With regard to each report, legislative proposal, or other communication of the Executive Branch related to the TSA and required to be submitted to Congress or the appropriate committees of Congress, the Administrator shall transmit such communication directly to the appropriate committees of Congress. TITLE II--TRANSPORTATION SECURITY Subtitle A--Security Technology SEC. 2201. THIRD PARTY TESTING AND EVALUATION OF SCREENING TECHNOLOGY. (a) In General.--In carrying out the responsibilities under section 114(f)(9), the Administrator shall develop and implement, not later than 1 year after the date of enactment of this Act, a program to enable a vendor of related security screening technology to obtain testing and verification, including as an alternative to the TSA's test and evaluation process, by an appropriate third party, of such technology before procurement or deployment. (b) Detection Testing.-- (1) In general.--The third party testing and verification program authorized under subsection (a) shall include detection testing to evaluate the performance of the security screening technology system regarding the probability of detection, the probability of false alarm, and such other indicators that the system is able to meet the TSA's mission needs. (2) Results.--The results of the third party detection testing under paragraph (1) shall be considered final if the results are approved by the Administration in accordance with approval standards developed by the Administrator. (3) Coordination with final testing.--To the extent practicable, but without compromising the integrity of the TSA test and evaluation process, the Administrator shall coordinate the third party detection testing under paragraph (1) with any subsequent, final Federal Government testing. (4) International standards.--To the extent practicable and permissible under law and considering the national security interests of the United States, the Administrator shall-- (A) share detection testing information and standards with appropriate international partners; and (B) coordinate with the appropriate international partners to align TSA testing and evaluation with relevant international standards to maximize the capability to detect explosives and other threats. (c) Operational Testing.-- (1) In general.--Subject to paragraph (2), the third party testing and verification program authorized under subsection (a) shall include operational testing. (2) Limitation.--Third party operational testing under paragraph (1) may not exceed 1 year. (d) Alternative.--Third party testing under subsection (a) shall replace as an alternative, at the discretion of the Administrator, the testing at the TSA Systems Integration Facility, including operational testing for-- (1) health and safety factors; (2) operator interface; (3) human factors; (4) environmental factors; (5) throughput; (6) reliability, maintainability, and availability factors; and (7) interoperability. (e) Testing and Verification Framework.-- (1) In general.--The Administrator shall-- (A) establish a framework for the third party testing and for verifying a security technology is operationally effective and able to meet the TSA's mission needs before it may enter or re-enter, as applicable, the operational context at an airport or other transportation facility; (B) use phased implementation to allow the TSA and the third party to establish best practices; and (C) oversee the third party testing and evaluation framework. (2) Recommendations.--The Administrator shall request ASAC's Security Technology Subcommittee, in consultation with representatives of the security manufacturers industry, to develop and submit to the Administrator recommendations for the third party testing and verification framework. (f) Field Testing.--The Administrator shall prioritize the field testing and evaluation, including by third parties, of security technology and equipment at airports and on site at security technology manufacturers whenever possible as an alternative to the TSA Systems Integration Facility. SEC. 2202. RECIPROCAL RECOGNITION OF SECURITY STANDARDS. (a) In General.--The Administrator, in coordination with appropriate international aviation security authorities, shall develop a validation process for the reciprocal recognition of security equipment technology approvals among international security partners or recognized certification authorities for deployment. (b) Requirement.--The validation process shall ensure that the certification by each participating international security partner or recognized certification authority complies with detection, qualification, and information security, including cybersecurity, standards of the TSA, the Department of [[Page S3825]] Homeland Security, and the National Institute of Standards and Technology. SEC. 2203. TRANSPORTATION SECURITY LABORATORY. (a) In General.--The Secretary, acting through the Administrator, shall administer the Transportation Security Laboratory. (b) Periodic Reviews.--The Administrator shall review the screening technology test and evaluation process conducted at the Transportation Security Laboratory to improve the coordination, collaboration, and communication between the Transportation Security Laboratory and the Office of Acquisition Program Management at the TSA to identify factors contributing to acquisition inefficiencies, develop strategies to reduce acquisition inefficiencies, facilitate more expeditious initiation and completion of testing, and identify how laboratory practices can better support acquisition decisions. SEC. 2204. INNOVATION TASK FORCE. (a) In General.--The Administrator shall establish an innovation task force-- (1) to cultivate innovations in aviation security; (2) to develop and recommend how to prioritize and streamline requirements for new approaches to aviation security; (3) to accelerate the development and introduction of new innovative aviation security technologies and improvements to aviation security operations; and (4) to provide industry with access to the airport environment during the technology development and assessment process to demonstrate the technology and to collect data to understand and refine technical operations and human factor issues. (b) Activities.--The task force shall-- (1) conduct activities to identify and develop an innovative technology, emerging security capability, or process designed to enhance aviation security, including-- (A) by conducting a field demonstration of such a technology, capability, or process in the airport environment; (B) by gathering performance data from such a demonstration to inform the acquisition process; and (C) by enabling a small business with an innovative technology or emerging security capability, but less than adequate resources, to participate in such a demonstration; (2) conduct at least quarterly collaboration meetings with industry, including air carriers, airport operators, and other aviation security stakeholders to highlight and discuss best practices on innovative security operations and technology evaluation and deployment; and (3) submit to the appropriate committees of Congress an annual report on the effectiveness of key performance data from task force-sponsored projects and checkpoint enhancements. (c) Composition.-- (1) Appointment.--The Administrator, in consultation with the Chairperson of ASAC shall appoint the members of the task force. (2) Chairperson.--The task force shall be chaired by the Administrator's designee. (3) Representation.--The task force shall be comprised of representatives of-- (A) the relevant offices of the TSA; (B) if considered appropriate by the Administrator, the Science and Technology Directorate of the Department of Homeland Security; (C) any other component of the Department of Homeland Security that the Administrator considers appropriate; and (D) such industry representatives as the Administrator considers appropriate. (d) Rule of Construction.--Nothing in this section shall be construed to require the acquisition or deployment of an innovative technology, emerging security capability, or process identified, developed, or recommended under this section. (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force established under this section. SEC. 2205. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE. Section 1611(g) of the Homeland Security Act of 2002 (6 U.S.C. 563(g)) is amended-- (1) by striking the matter preceding paragraph (1) and inserting ``The Administrator shall, in collaboration with relevant industry and government stakeholders, annually submit to Congress in an appendix to the budget request and publish in an unclassified format in the public domain--''; (2) in paragraph (1), by striking ``; and'' and inserting a semicolon; (3) in paragraph (2), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(3) information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted.''. SEC. 2206. BIOMETRICS EXPANSION. Not later than 270 days after the date of enactment of this Act, the Administrator, in coordination with the Commissioner of Customs and Border Protection, shall-- (1) assess the operational and security impact of using biometric technology to identify passengers; (2) assess the effects on privacy of the expansion of the use of biometric technology under paragraph (1), including methods to mitigate any risks to privacy identified by the Administrator related to the active or passive collection of biometric data; (3) facilitate, if appropriate, the deployment of such biometric technology at checkpoints, screening lanes, bag drop and boarding areas, and other areas where such deployment would enhance security and facilitate passenger movement; (4) submit to the appropriate committees of Congress a report on the assessments under paragraph (1) and (2) and deployment under paragraph (3); and (5) if practicable, publish the assessment required by paragraph (2) on a publicly accessible Internet website of the TSA. SEC. 2207. PILOT PROGRAM FOR AUTOMATED EXIT LANE TECHNOLOGY. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall establish a pilot program to implement and evaluate the use of automated exit lane technology at small hub airports and nonhub airports (as those terms are defined in section 40102 of title 49, United States Code). (b) Partnership.--The Administrator shall carry out the pilot program in partnership with the applicable airport directors. (c) Cost Share.--The Federal share of the cost of the pilot program under this section shall not exceed 85 percent of the total cost of the program. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out the pilot program under this section $15,000,000 for each of fiscal years 2019 through 2021. (e) GAO Report.--Not later than 2 years after the date the pilot program is implemented, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the pilot program, including-- (1) the extent of airport participation in the pilot program and how the program was implemented; (2) the results of the pilot program and any reported benefits, including the impact on security and any cost- related efficiencies realized by TSA or at the participating airports; and (3) the feasibility of expanding the pilot program to additional airports, including to medium and large hub airports. SEC. 2208. AUTHORIZATION OF APPROPRIATIONS; EXIT LANE SECURITY. There is authorized to be appropriated to carry out section 44903(n)(1) of title 49, United States Code, $77,000,000 for each of fiscal years 2019 through 2021. SEC. 2209. REAL-TIME SECURITY CHECKPOINT WAIT TIMES. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Administrator shall make available to the public information on wait times at each airport security checkpoint. (b) Requirements.--The information described in subsection (a) shall be provided in real time via technology and published-- (1) online; and (2) in physical locations at the applicable airport terminal. (c) Considerations.--The Administrator shall make the information described in subsection (a) available to the public in a manner that does not increase public area security risks. (d) Definition of Wait Time.--In this section, the term ``wait time'' means the period beginning when a passenger enters a queue for a screening checkpoint and ending when that passenger exited the checkpoint. SEC. 2210. GAO REPORT ON UNIVERSAL DEPLOYMENT OF ADVANCED IMAGING TECHNOLOGIES. (a) Study.--The Comptroller General of the United States shall conduct a study of the cost to the TSA or an airport to redesign, if necessary, airport security areas to fully deploy advanced imaging technologies at each airport at which security screening operations are conducted or overseen by the TSA. (b) Cost Analysis.--As a part of the study conducted under subsection (a), the Comptroller General shall identify the costs that would be incurred by the TSA or the airport-- (1) to purchase the equipment and other assets necessary to deploy advanced imaging technologies at the airport; (2) to install such equipment, including any related variant, and assets in the airport; and (3) to maintain such equipment and assets. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the findings of the study under subsection (a). SEC. 2211. TESTING AND VERIFICATION PERFORMANCE OBJECTIVES. (a) In General.--The Administrator shall establish performance objectives for the testing and verification of security technology, including testing and verification conducted by third parties under section 2201, to ensure that progress is made, at a minimum, toward-- (1) reducing time for each phase of testing while maintaining security (including testing for detection testing, operational testing, testing and verification framework, and field testing); (2) eliminating testing and verification delays; and (3) increasing accountability. (b) Performance Metrics.-- (1) In general.--In carrying out subsection (a), the Administrator shall establish and continually track performance metrics for each type of security technology submitted for testing and verification, including testing and verification conducted by third parties under section 2201. [[Page S3826]] (2) Measuring progress toward goals.--The Administrator shall use the metrics established and tracked under paragraph (1) to generate data on an ongoing basis and to measure progress toward the achievement of the performance objectives established under subsection (a). (3) Report required.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report assessing the extent to which the performance objectives established under subsection (a), as measured by the performance metrics established and tracked under paragraph (1), have been met. (B) Elements.--The report required by subparagraph (A) shall include-- (i) a list of the performance metrics established under paragraph (1), including the length of time for each phase of testing and verification for each type of security technology; and (ii) a comparison of the progress achieved for testing and verification of security technology conducted by the TSA and the testing and verification of security technology conducted by third parties. (C) Proprietary information.--The report required by subparagraph (A) shall-- (i) not include identifying information regarding an individual or entity or equipment; and (ii) protect proprietary information. SEC. 2212. COMPUTED TOMOGRAPHY PILOT PROGRAM. Not later than 90 days after the date of enactment of this Act, the Administrator shall carry out a pilot program to test the use of screening equipment using computed tomography technology to screen baggage at passenger screening checkpoints at airports. SEC. 2213. NUCLEAR MATERIAL AND EXPLOSIVE DETECTION TECHNOLOGY. The Secretary, in coordination with the Director of the National Institute of Standards and Technology and the head of each relevant Federal department or agency researching nuclear material detection systems or explosive detection systems, shall research, facilitate, and, to the extent practicable, deploy next generation technologies, including active neutron interrogation, to detect nuclear material and explosives in transportation systems and transportation facilities. Subtitle B--Public Area Security SEC. 2221. THIRD PARTY CANINES. (a) In General.--Not later than 120 days after the date of enactment of this Act, to enhance the efficiency and efficacy of transportation security by increasing the supply of canine teams for use by the TSA and transportation stakeholders, the Administrator shall develop and issue standards that a third party explosives detection canine must satisfy to be certified for the screening of individuals and property, including detection of explosive vapors among individuals and articles of property, in public areas of an airport under section 44901 of title 49, United States Code. (b) Augmenting Public Area Security.-- (1) In general.--The Administrator shall develop guidance on the coordination of development and deployment of explosives detection canine teams for use by transportation stakeholders to enhance public area security at transportation hubs, including airports. (2) Consultation.--In developing the guidance under paragraph (1), the Administrator shall consult with such transportation stakeholders, canine providers, law enforcement, and transportation security providers as the Administrator considers relevant. (c) Agreement.--Subject to subsections (d), (e), and (f), not later than 180 days after the date of enactment of this Act, the Administrator shall enter into an agreement with at least 1 third party to test and certify the capabilities of canines in accordance with the standards under subsection (a). (d) Expedited Deployment.--In entering into an agreement under subsection (c), the Administrator shall use-- (1) the other transaction authority under section 114(m) of title 49, United States Code; or (2) such other authority of the Administrator as the Administrator considers appropriate to expedite the deployment of additional canine teams. (e) Process.--Before entering into an agreement under subsection (c), the Administrator shall-- (1) evaluate and verify the third party's ability to effectively evaluate the capabilities of canines; (2) designate at least 3 evaluation centers to which vendors may send canines for testing and certification by the third party; and (3) periodically assess the program at evaluation centers to ensure the proficiency of the canines beyond the initial testing and certification by the third party. (f) Consultation.--To determine best practices for the use of third parties to test and certify the capabilities of canines, the Administrator shall consult with the following persons before entering into an agreement under subsection (c): (1) The Secretary of State. (2) The Secretary of Defense. (3) Non-profit organizations that train, certify, and provide the services of canines for various purposes. (4) Institutions of higher education with research programs related to use of canines for the screening of individuals and property, including detection of explosive vapors among individuals and articles of property. (g) Third Party Explosives Detection Canine Provider List.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and maintain a list of the names of each third party from which the TSA procures explosive detection canines, including for each such third party the relevant contractual period of performance. (2) Distribution.--The Administrator shall make the list under paragraph (1) available to appropriate transportation stakeholders in such form and manner as the Administrator prescribes. (h) Oversight.--The Administrator shall establish a process to ensure appropriate oversight of the certification program and compliance with the standards under subsection (a), including periodic audits of participating third parties. (i) Authorization.-- (1) TSA.--The Administrator shall develop and implement a process for the TSA to procure third party explosives detection canines certified under this section. (2) Aviation stakeholders.-- (A) In general.--The Administrator shall authorize an aviation stakeholder, under the oversight of and in coordination with the Federal Security Director at an applicable airport, to contract with, procure or purchase, and deploy one or more third party explosives detection canines certified under this section to augment public area security at that airport. (B) Applicable large hub airports.-- (i) In general.--Notwithstanding any law to the contrary and subject to the other provisions of this paragraph, an applicable large hub airport may provide a certified canine described in subparagraph (A) on an in-kind basis to the TSA to be deployed as a passenger screening canine at that airport unless the applicable large hub airport consents to the use of that certified canine elsewhere. (ii) Nondeployable canines.--Any certified canine provided to the TSA under clause (i) that does not complete training for deployment under that clause shall be the responsibility of the large hub airport unless the TSA agrees to a different outcome. (C) Handlers.--Not later than 30 days before an applicable large hub airport begins training a certified canine under subparagraph (B), the airport shall notify the TSA of such training and the Administrator shall assign a TSA canine handler to participate in the training with that canine, as appropriate. (D) Limitation.--The Administrator may not reduce the staffing allocation model for an applicable large hub airport based on that airport's provision of a certified canine under this paragraph. (j) Definitions.--In this section: (1) Applicable large hub airport.--The term ``applicable large hub airport'' means a large hub airport (as defined in section 40102 of title 49, United States Code) that has less than 100 percent of the allocated passenger screening canine teams staffed by the TSA. (2) Aviation stakeholder.--The term ``aviation stakeholder'' includes an airport, airport operator, and air carrier. SEC. 2222. TRACKING AND MONITORING OF CANINE TRAINING AND TESTING. Not later than 180 days after the date of enactment of this Act, the Administrator shall use, to the extent practicable, a digital monitoring system for all training, testing, and validation or certification of public and private canine assets utilized or funded by the TSA to facilitate improved review, data analysis, and record keeping of canine testing performance and program administration. SEC. 2223. VIPR TEAM STATISTICS. (a) In General.--Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Administrator shall notify the appropriate committees of Congress of the number of VIPR teams available for deployment at transportation facilities, including-- (1) the number of VIPR team operations that include explosive detection canine teams; and (2) the distribution of VIPR team operations deployed across different modes of transportation. (b) Annex.--The notification under subsection (a) may contain a classified annex. (c) Definition of VIPR Team.--In this section, the term ``VIPR'' means a Visible Intermodal Prevention and Response team authorized under section 1303 of the National Transit Systems Security Act of 2007 (6 U.S.C. 1112). SEC. 2224. PUBLIC AREA BEST PRACTICES. (a) In General.--The Administrator shall, in accordance with law and as received or developed, periodically submit information, on any best practices developed by the TSA or appropriate transportation stakeholders related to protecting the public spaces of transportation infrastructure from emerging threats, to the following: (1) Federal Security Directors at airports. (2) Appropriate security directors for other modes of transportation. (3) Other appropriate transportation security stakeholders. (b) Information Sharing.--The Administrator shall, in accordance with law-- (1) in coordination with the Office of the Director of National Intelligence and industry partners, implement improvements to the Air Domain Intelligence and Analysis [[Page S3827]] Center to encourage increased participation from stakeholders and enhance government and industry security information sharing on transportation security threats, including on cybersecurity threat awareness; (2) expand and improve the City and Airport Threat Assessment or similar program to public and private stakeholders to capture, quantify, communicate, and apply applicable intelligence to inform transportation infrastructure mitigation measures, such as-- (A) quantifying levels of risk by airport that can be used to determine risk-based security mitigation measures at each location; (B) determining random and surge employee inspection operations based on changing levels of risk; and (C) targeting any high-risk employee groups and specific points of risk within the airport perimeter for such mitigation measures as random inspections; (3) continue to disseminate Transportation Intelligence Notes, tear-lines, and related intelligence products to appropriate transportation security stakeholders on a regular basis; and (4) continue to conduct both regular routine and threat- specific classified briefings between the TSA and appropriate transportation sector stakeholders on an individual or group basis to provide greater information sharing between public and private sectors. (c) Mass Notification.--The Administrator shall encourage security stakeholders to utilize mass notification systems, including the Integrated Public Alert Warning System of the Federal Emergency Management Agency and social media platforms, to disseminate information to transportation community employees, travelers, and the general public, as appropriate. (d) Public Awareness Programs.--The Secretary, in coordination with the Administrator, shall expand public programs of the Department of Homeland Security and the TSA that increase security threat awareness, education, and training to include transportation network public area employees, including airport and transportation vendors, local hotels, cab and limousine companies, ridesharing companies, cleaning companies, gas station attendants, cargo operators, and general aviation members. (e) Aviation Employee Vetting.--The Administrator shall allow an air carrier, airport, or airport operator, in addition to any background check required for initial employment, to utilize the Federal Bureau of Investigation's Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to an employee with access to an airport or its perimeter, regardless of whether the employee is seeking access to a public or secured area of the airport. SEC. 2225. LAW ENFORCEMENT OFFICER REIMBURSEMENT PROGRAM. (a) In General.--In accordance with section 44903(c)(1) of title 49, United States Code, the Administrator shall increase the number of awards, and the total funding amount of each award, under the Law Enforcement Officer Reimbursement Program-- (1) to increase the presence of law enforcement officers in the public areas of airports, including baggage claim, ticket counters, and nearby roads; (2) to increase the presence of law enforcement officers at screening checkpoints; (3) to reduce the response times of law enforcement officers during security incidents; and (4) to provide visible deterrents to potential terrorists. (b) Cooperation by Administrator.--In carrying out subsection (a), the Administrator shall use the authority provided to the Administrator under section 114(m) of title 49, United States Code, that is the same authority as is provided to the Administrator of the Federal Aviation Administration under section 106(m) of that title. (c) Administrative Burdens.--The Administrator shall review the regulations and compliance policies related to the Law Enforcement Officer Reimbursement Program and, if necessary, revise such regulations and policies to reduce any administrative burdens on applicants or recipients of such awards. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out section 44901(h) of title 49, United States Code, $55,000,000 for each of fiscal years 2019 through 2021. Subtitle C--Passenger and Cargo Security SEC. 2231. PRECHECK PROGRAM. (a) In General.--Section 44919 is amended to read as follows: ``Sec. 44919. PreCheck Program ``(a) In General.--The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note). ``(b) Expansion.--Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under section 114(m) of this title, with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program. ``(c) Minimum Capability Requirements.--At least 1 agreement under subsection (b) shall include the following capabilities: ``(1) Start-to-finish secure online or mobile enrollment capability. ``(2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if-- ``(A) such means-- ``(i) are evaluated and certified by the Secretary of Homeland Security; ``(ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 (6 U.S.C. 444); and ``(iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and ``(B) with regard to private sector risk assessments, the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in such risk assessments. ``(d) Additional Capability Requirements.--At least 1 agreement under subsection (b) shall include the following capabilities: ``(1) Start-to-finish secure online or mobile enrollment capability. ``(2) Vetting of an applicant by means of biometrics if the collection-- ``(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology; ``(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as `Privacy Act of 1974'), and with agency regulations; and ``(C) is evaluated and certified by the Secretary of Homeland Security. ``(e) Target Enrollment.--Subject to subsections (b), (c), and (d), the Administrator shall take actions to expand the total number of individuals enrolled in the PreCheck Program as follows: ``(1) 7,000,000 passengers before October 1, 2019. ``(2) 10,000,000 passengers before October 1, 2020. ``(3) 15,000,000 passengers before October 1, 2021. ``(f) Marketing of PreCheck Program.--Not later than 90 days after the date of enactment of the TSA Modernization Act, the Administrator shall-- ``(1) enter into at least 2 agreements, using other transaction authority under section 114(m) of this title, to market the PreCheck Program; and ``(2) implement a long-term strategy for partnering with the private sector to encourage enrollment in such program. ``(g) Identity Verification Enhancement.--The Administrator shall-- ``(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the identity and citizenship of individuals enrolling in the PreCheck Program; ``(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and ``(3) consider leveraging the existing resources and abilities of airports to collect fingerprints for use in background checks to expedite identity verification. ``(h) PreCheck Program Lanes Operation.--The Administrator shall-- ``(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and ``(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency. ``(i) Vetting for PreCheck Program Participants.--The Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist watchlist, could be done in a cost-effective manner to strengthen the security of the PreCheck Program. ``(j) Assurance of Separate Program.--In carrying out this section, the Administrator shall ensure that the additional private sector application capabilities under subsections (b), (c), and (d) are undertaken in addition to any other related TSA program, initiative, or procurement, including the Universal Enrollment Services program. ``(k) Expenditure of Funds.--Any Federal funds expended by the Administrator to expand PreCheck Program enrollment shall be expended in a manner that includes the requirements of this section.''. (b) Technical and Conforming Amendments.-- (1) Repeal.--Subtitle A of title III of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44901 note) and the items relating to that subtitle in the table of contents of that Act are repealed. (2) Table of contents.--The table of contents of chapter 449 is amended by amending [[Page S3828]] the item relating to section 44919 to read as follows: ``44919. PreCheck Program.''. (3) Screening passengers and property.--Section 44901(a) is amended by striking ``44919 or''. SEC. 2232. TRUSTED TRAVELER PROGRAMS; COLLABORATION. Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection, shall-- (1) review each trusted traveler program administered by U.S. Customs and Border Protection and the PreCheck Program; (2) identify any improvements that can be made to such programs-- (A) to streamline and integrate the requirements and operations of such programs to reduce administrative burdens, including applications for inclusion and determining whether a valid credential can satisfy the requirements for another credential; (B) to increase information and data sharing across such programs; and (C) to allow the public to access and link to the applications for enrollment in all of such programs from 1 online portal; (3) identify any law, including regulations, policy, or procedure that may unnecessarily inhibit collaboration among Department of Homeland Security agencies regarding such programs or implementation of the improvements identified under paragraph (2); (4) recommend any legislative, administrative, or other actions that can be taken to eliminate any unnecessary barriers to collaboration or implementation identified in paragraph (3); and (5) submit to the appropriate committees of Congress a report on the review, including any unnecessary barriers to collaboration or implementation identified under paragraph (3), and any recommendations under paragraph (4). SEC. 2233. PASSENGER SECURITY FEE. Section 44940(c) is amended by adding at the end the following: ``(3) Offsetting collections.--Beginning on October 1, 2025, fees collected under subsection (a)(1) for any fiscal year shall be credited as offsetting collections to appropriations made for aviation security measures carried out by the Transportation Security Administration, to remain available until expended.''. SEC. 2234. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY. Section 1307 of the Implementing Recommendations of the 9/ 11 Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end the following: ``(h) Third Party Canine Teams for Air Cargo Security.-- ``(1) In general.--In order to enhance the screening of air cargo and ensure that third party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after the date of enactment of the TSA Modernization Act-- ``(A) develop and issue standards for the use of such third party explosives detection canine assets for the primary screening of air cargo; ``(B) develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator under subparagraph (A); ``(C) ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets; ``(D) establish a system of Transportation Security Administration audits of the process developed under subparagraph (B); and ``(E) provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers. ``(2) Implementation.--Beginning on the date that the development of the process under paragraph (1)(B) is complete, the Administrator shall-- ``(A) facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator; ``(B) make such standards available to vendors seeking to train and deploy third party explosives detection canine assets; and ``(C) ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government. ``(3) Definitions.--In this subsection: ``(A) Air carrier.--The term `air carrier' has the meaning given the term in section 40102 of title 49, United States Code. ``(B) Foreign air carrier.--The term `foreign air carrier' has the meaning given the term in section 40102 of title 49, United States Code. ``(C) Third party explosives detection canine asset.--The term `third party explosives detection canine asset' means any explosives detection canine or handler not owned or employed, respectively, by the Transportation Security Administration.''. SEC. 2235. KNOWN SHIPPER PROGRAM REVIEW. The Administrator shall direct the Air Cargo Subcommittee of ASAC-- (1) to conduct a comprehensive review and security assessment of the Known Shipper Program; (2) to recommend whether the Known Shipper Program should be modified or eliminated considering the full implementation of 100 percent screening under section 44901(g) of title 49, United States Code; and (3) to report its findings and recommendations to the Administrator. SEC. 2236. SCREENING PARTNERSHIP PROGRAM UPDATES. (a) Security Screening Opt-Out Program.--Section 44920 is amended-- (1) in the heading by striking ``Security screening opt-out program'' and inserting ``Screening partnership program''; (2) by amending subsection (a) to read as follows: ``(a) In General.--An operator of an airport, airport terminal, or airport security checkpoint may submit to the Administrator of the Transportation Security Administration an application to carry out the screening of passengers and property at the airport under section 44901 by personnel of a qualified private screening company pursuant to a contract with the Transportation Security Administration.''; (3) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Not later than 30 days after the date of receipt of an application submitted by an operator of an airport, airport terminal, or airport security checkpoint under subsection (a), the Administrator shall approve or deny the application.''; and (B) in paragraphs (2) and (3), by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; (4) in subsection (d)-- (A) in the heading, by striking ``Standards'' inserting ``Selection of Contracts and Standards''; (B) by redesignating paragraph (2) as paragraph (3); (C) in paragraph (1)-- (i) by striking ``The Under Secretary may enter'' and all that follows through ``certifies to Congress that--'' and inserting ``The Administrator shall, upon approval of the application, provide each operator of an airport, airport terminal, or airport security checkpoint with a list of qualified private screening companies.''; and (ii) by inserting before subparagraphs (A) and (B) the following: ``(2) Contracts.--Not later than 90 days after the selection of a qualified private screening company by the operator, the Administrator shall enter into a contract with such company for the provision of screening at the airport, airport terminal, or airport security checkpoint if--''; and (D) in paragraph (2), as redesignated-- (i) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (ii) in subparagraph (B)-- (I) by striking ``Under Secretary'' and inserting ``Administrator''; and (II) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) the selected qualified private screening company offered contract price is equal to or less than the cost to the Federal Government to provide screening services at the airport, airport terminal, or airport security checkpoint.''; and (E) in paragraph (3), as redesignated-- (i) by striking ``paragraph (1)(B)'' and inserting ``paragraph (2)(B)''; and (ii) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; (5) in subsection (e)-- (A) in the heading, by striking ``Screened'' and inserting ``Screening''; (B) by striking the period at the end and inserting ``; and''; (C) by striking ``The Under Secretary shall'' and inserting ``The Administrator shall--''; (D) by inserting ``(1)'' before ``provide Federal Government'' and indenting appropriately; and (E) by adding at the end the following: ``(2) undertake covert testing and remedial training support for employees of private screening companies providing screening at airports.''; (6) in subsection (f)-- (A) in the heading, by inserting ``or Suspension'' after ``Termination''; (B) by striking ``terminate'' and inserting ``suspend or terminate, as appropriate,''; and (C) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; and (7) by striking subsection (h). (b) Applications Submitted Before the Date of Enactment.-- Not later than 30 days after the date of enactment of this Act, the Administrator shall approve or deny, in accordance with section 44920(b) of title 49, United States Code, as amended by this Act, each application submitted before the date of enactment of this Act, by an airport operator under subsection (a) of that section, that is awaiting such a determination. SEC. 2237. SCREENING PERFORMANCE ASSESSMENTS. Subject to part 1520 of title 49, Code of Federal Regulations, the Administrator shall quarterly make available to the airport director of an airport-- (1) an assessment of the screening performance of that airport compared to the mean average performance of all airports in the equivalent airport category for screening performance data; and (2) a briefing on the results of performance data reports, including-- (A) a scorecard of objective metrics developed by the Office of Security Operations to [[Page S3829]] measure screening performance, such as results of annual proficiency reviews and covert testing, at the appropriate level of classification; and (B) other performance data, including-- (i) passenger throughput; (ii) wait times; and (iii) employee attrition, absenteeism, injury rates, and any other human capital measures collected by TSA. SEC. 2238. TSA ACADEMY REVIEW. (a) Review.--Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct an assessment of the efficiency and effectiveness of the new-hire TSA Academy at training airport security personnel compared to when such training of transportation security officers was conducted at local airports; and (2) submit to the appropriate committees of Congress a report on the findings of the assessment and any recommendations to maximize the efficiency and effectiveness of training for airport security personnel. (b) Contents.--The assessment shall-- (1) include a cost-benefit analysis of training new Transportation Security Officer and Screening Partnership Program contractor hires at the TSA Academy compared to when such training of transportation security officers was conducted at local airports; (2) examine the impact on performance, professionalism, and retention rates of Transportation Security Officer and Screening Partnership Program contractor employees since the new training protocols at the TSA Academy have been put in place compared to when training was conducted at local airports; and (3) examine whether new hire training at the TSA Academy has had any impact on the airports and companies that participate in the Screening Partnership Program. SEC. 2239. IMPROVEMENTS FOR SCREENING OF DISABLED PASSENGERS. (a) Revised Training.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with nationally-recognized veterans and disability organizations, shall revise the training requirements for Transportation Security Officers related to the screening of disabled passengers, including disabled passengers who participate in the PreCheck program. (2) Training specifications.--In revising the training requirements under paragraph (1), the Administrator shall address the proper screening, and any particular sensitivities related to the screening, of a disabled passenger traveling with-- (A) a medical device, including an indwelling medical device; (B) a prosthetic; (C) a wheelchair, walker, scooter, or other mobility device; or (D) a service animal. (3) Training frequency.--The Administrator shall implement the revised training under paragraph (1) during initial and recurrent training of all Transportation Security Officers. (b) Best Practices.--The individual at the TSA responsible for civil rights, liberties, and traveler engagement shall-- (1) record each complaint from a disabled passenger regarding the screening practice of the TSA; (2) identify the most frequent concerns raised, or accommodations requested, in the complaints; (3) determine the best practices for addressing the concerns and requests identified in paragraph (2); and (4) recommend appropriate training based on such best practices. (c) Signage.--At each category X airport, the TSA shall place signage at each security checkpoint that-- (1) specifies how to contact the appropriate TSA employee at the airport designated to address complaints of screening mistreatment based on disability; and (2) describes how to receive assistance from that individual or other qualified personnel at the security screening checkpoint. (d) Reports to Congress.--Not later than September 30 of the first full fiscal year after the date of enactment of this Act, and each fiscal year thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the checkpoint experiences of disabled passengers, including the following: (1) The number and most frequent types of disability- related complaints received. (2) The best practices recommended under subsection (b) to address the top areas of concern. (3) The estimated wait times for assist requests for disabled passengers, including disabled passengers who participate in the PreCheck program. SEC. 2240. AIR CARGO ADVANCE SCREENING PROGRAM. (a) In General.--The Commissioner of U.S. Customs and Border Protection and the Administrator, consistent with the requirements of the Trade Act of 2002 (Public Law 107-210) shall-- (1) establish an air cargo advance screening program (referred to in this section as the ``ACAS Program'') for the collection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air; (2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States; (3) establish appropriate communications systems with freight forwarders, shippers, and air carriers; (4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and (5) identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator. (b) Inspection of High-risk Cargo.--Under the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall ensure that all cargo that has been identified as high-risk is inspected-- (1) prior to the loading of such cargo onto aircraft at the last point of departure, or (2) at an earlier point in the supply chain, before departing for the United States. (c) Consultation.--In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall consult with relevant stakeholders, as appropriate, to ensure that an operationally feasible and practical approach to-- (1) the collection of advance information with respect to cargo on aircraft departing for the United States is applied, and (2) the inspection of high-risk cargo, recognizes the significant differences among air cargo business models and modes of transportation. (d) Analysis.--The Commissioner of U.S. Customs and Border Protection and the Administrator may analyze the information described in subsection (a) in the Department of Homeland Security's automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program. (e) No Duplication.--The Commissioner of U.S. Customs and Border Protection and the Administrator shall carry out this section in a manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate other Department of Homeland Security programs or requirements relating to the submission of air cargo data or the inspection of high-risk cargo. (f) Consideration of Industry.--In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall-- (1) consider the content and timeliness of the available data may vary among entities in the air cargo industry and among countries, and explore procedures to accommodate such variations while maximizing the contribution of such data to the risk assessment process under the ACAS Program; (2) test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high- risk cargo, while ensuring delays and other negative impacts on vital supply chains are minimized; and (3) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order 13563 or any successor Executive order or regulation. (g) Guidance.--The Commissioner of U.S. Customs and Border Protection and the Administrator shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data. (h) Use of Data.--The Commissioner of U.S. Customs and Border Protection and the Administrator shall use the data provided under the ACAS Program for targeting shipments for screening and aviation security purposes only. (i) Final Rule.--Not later than 180 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection, in coordination with the Administrator, shall issue a final regulation to implement the ACAS Program to include the electronic transmission to U.S. Customs and Border Protection of data elements for targeting cargo, including appropriate security elements of shipment level data. (j) Report.--Not later than 180 days after the date of the commencement of the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall submit to the appropriate Committees of Congress a report detailing the operational implementation of providing advance information under the ACAS Program and the value of such information in targeting cargo. SEC. 2241. GENERAL AVIATION AIRPORTS. (a) Short Title.--This section may be cited as the ``Securing General Aviation and Charter Air Carrier Service Act''. (b) Advanced Passenger Prescreening System.--Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the status of the deployment of the advanced passenger prescreening system, and access thereto for certain aircraft charter operators, as required by section 44903(j)(2)(E) of title 49, United States Code, including-- [[Page S3830]] (1) the reasons for the delay in deploying the system; and (2) a detailed schedule of actions necessary for the deployment of the system. (c) Screening Services Other Than in Primary Passenger Terminals.-- (1) In general.--Subject to the provisions of this subsection, the Administrator may provide screening services to a charter air carrier in an area other than the primary passenger terminal of an applicable airport. (2) Requests.--A request for screening services under paragraph (1) shall be made at such time, in such form, and in such manner as the Administrator may require, except that the request shall be made to the Federal Security Director for the applicable airport at which the screening services are requested. (3) Availability.--A Federal Security Director may provide requested screening services under this section if the Federal Security Director determines such screening services are available. (4) Agreements.-- (A) Limitation.--No screening services may be provided under this section unless a charter air carrier agrees in writing to compensate the TSA for all reasonable costs, including overtime, of providing the screening services. (B) Payments.--Notwithstanding section 3302 of title 31, United States Code, payment received under subparagraph (A) shall be credited to the account that was used to cover the cost of providing the screening services. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account. (5) Definitions.--In this subsection: (A) Applicable airport.--The term ``applicable airport'' means an airport that-- (i) is not a commercial service airport; and (ii) is receiving screening services for scheduled passenger aircraft. (B) Charter air carrier.--The term ``charter air carrier'' has the meaning given the term in section 40102 of title 49, United States Code. (C) Screening services.--The term ``screening services'' means the screening of passengers and property similar to the screening of passengers and property described in section 44901 of title 49, United States Code. (d) Report.--Not later than 120 days after the date of enactment of this Act, the Administrator, in consultation with the ASAC, shall, consistent with the requirements of paragraphs (6) and (7) of section 44946(b) of title 49, United States Code, submit to the appropriate Committees of Congress an implementation plan, including an implementation schedule, for any of the following recommendations that were adopted by the ASAC and with which the Administrator has concurred before the date of the enactment of this Act: (1) The recommendation regarding general aviation access to Ronald Reagan Washington National Airport, as adopted on February 17, 2015. (2) The recommendation regarding the vetting of persons seeking flight training in the United States, as adopted on July 28, 2016. (3) Any other such recommendations relevant to the security of general aviation adopted before the date of the enactment of this Act. (e) Designated Staffing.--The Administrator may designate 1 or more full-time employees of the TSA to liaise with, and respond to issues raised by, general aviation stakeholders. (f) Security Enhancements.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the ASAC, shall submit to the appropriate committees of Congress a report on the feasibility of requiring a security threat assessment before an individual could obtain training from a private flight school to operate an aircraft having a maximum certificated takeoff weight of more than 12,500 pounds. Subtitle D--Foreign Airport Security SEC. 2251. LAST POINT OF DEPARTURE AIRPORTS; SECURITY DIRECTIVES. (a) Notice and Consultation.-- (1) In general.--The Administrator shall, to the maximum extent practicable, consult and notify the following stakeholders prior to making changes to security standards via security directives and emergency amendments for last points of departure: (A) Trade association representatives, for affected air carriers and airports, who hold the appropriate security clearances. (B) The head of each relevant Federal department or agency, including the Administrator of the Federal Aviation Administration. (2) Transmittal to congress.--Not later than 3 days after the date that the Administrator issues a security directive or emergency amendment for a last point of departure, the Administrator shall transmit to the appropriate committees of Congress a description of the extent to which the Administrator consulted and notified the stakeholders under paragraph (1). (b) GAO Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall review the effectiveness of the TSA process to update, consolidate, or revoke security directives, emergency amendments, and other policies related to international aviation security at last point of departure airports and submit to the appropriate committees of Congress and the Administrator a report on the findings and recommendations. (2) Contents.--In conducting the review under paragraph (1), the Comptroller General shall-- (A) review current security directives, emergency amendments, and any other policies related to international aviation security at last point of departure airports; (B) review the extent of intra-agency and interagency coordination, stakeholder outreach, coordination, and feedback; and (C) review TSA's process and criteria for, and implementation of, updating or revoking the policies described in subparagraph (A). (c) Rescreening.--Subject to section 44901(d)(4)(c) of title 49, United States Code, upon discovery of specific threat intelligence, the Administrator shall immediately direct TSA personnel to rescreen passengers and baggage arriving from an airport outside the United States and identify enhanced measures that should be implemented at that airport. (d) Notification to Congress.--Not later than 1 day after the date that the Administrator determines that a foreign air carrier is in violation of part 1546 of title 49, Code of Federal Regulations, or any other applicable security requirement, the Administrator shall notify the appropriate committees of Congress. (e) Decisions Not Subject to Judicial Review.-- Notwithstanding any other provision of law, any decision of the Administrator under subsection (a)(1) relating to consultation or notification shall not be subject to judicial review. SEC. 2252. TRACKING SECURITY SCREENING EQUIPMENT FROM LAST POINT OF DEPARTURE AIRPORTS. (a) Donation of Screening Equipment To Protect the United States.--Chapter 449 is amended-- (1) in subchapter I, by adding at the end the following: ``Sec. 44929. Donation of screening equipment to protect the United States ``(a) In General.--Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens. ``(b) Conditions.--Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall-- ``(1) ensure that the screening equipment has been restored to commercially available settings; ``(2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and ``(3) verify that the appropriate officials have an adequate system-- ``(A) to properly maintain and operate the screening equipment; and ``(B) to document and track any removal or disposal of the screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security. ``(c) Reports.--Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed written explanation of the following: ``(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation. ``(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability. ``(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made. ``(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient. ``(5) The total dollar value of such donation. ``(6) How the appropriate officials will document and track any removal or disposal of the screening equipment by the recipient to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.''; and (2) in the table of contents, by inserting after the item relating to section 44928 the following: ``44929. Donation of screening equipment to protect the United States.''. (b) Technical and Conforming Amendments.--Section 3204 of the Aviation Security Act of 2016 (49 U.S.C. 44901 note) and the item relating to that section in the table of contents of that Act are repealed. (c) Raising International Standards.--Not later than 90 days after the date of enactment of this Act, the Administrator shall collaborate with other aviation authorities and the United States Ambassador or the Charge d'Affaires to the United States Mission to the International Civil Aviation Organization, as applicable, to advance a global standard for each international airport to document and track the removal and disposal of any security screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security. [[Page S3831]] SEC. 2253. INTERNATIONAL SECURITY STANDARDS. (a) Global Aviation Security Review.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the Commissioner of the U.S. Customs and Border Protection, the Director of the Office of International Engagement of the Department of Homeland Security, and the Secretary of State, shall conduct a global aviation security review to improve aviation security standards, including standards intended to mitigate cybersecurity threats, across the global aviation system. (2) Best practices.--The global aviation security review shall establish best practices regarding the following: (A) Collaborating with foreign partners to improve global aviation security capabilities and standards. (B) Identifying foreign partners that-- (i) have not successfully implemented security protocols from the International Civil Aviation Organization or the Department of Homeland Security; and (ii) have not taken steps to implement such security protocols; (C) Improving the development, outreach, and implementation process for security directives or emergency amendments issued to domestic and foreign air carriers. (D) Assessing the cybersecurity risk of security screening equipment. (b) Notification.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the United States Ambassador to the International Civil Aviation Organization, shall notify the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives of the progress of the review under subsection (a) and any proposed international improvements to aviation security. (c) ICAO.--Subject to subsection (a), the Administrator and Ambassador shall take such action at the International Civil Aviation Organization as the Administrator and Ambassador consider necessary to advance aviation security improvement proposals, including if practicable, introducing a resolution to raise minimum standards for aviation security. (d) Briefings to Congress.--Beginning not later than 180 days after the date of enactment of this Act, and periodically thereafter, the Administrator, in consultation with the Ambassador with respect to subsection (c), shall brief the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives on the implementation of subsections (a) and (b). Subtitle E--Cockpit and Cabin Security SEC. 2261. FEDERAL AIR MARSHAL SERVICE UPDATES. (a) Standardization.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator shall develop a standard written agreement that shall be the basis of all negotiations and agreements that begin after the date of enactment of this Act between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to and from the United States, including deployment, technical assistance, and information sharing. (2) Written agreements.--Except as provided in paragraph (3), not later than 180 days after the date of enactment of this Act, all agreements between the United States and foreign governments or partners regarding the presence of Federal air marshals on flights to and from the United States shall be in writing and signed by the Administrator or other authorized United States Government representative. (3) Exception.--The Administrator may schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect if the Administrator determines that-- (A) such mission is necessary for aviation security; and (B) the requirements of paragraph (4)(B) are met. (4) Notification to congress.-- (A) Written agreements.--Not later than 30 days after the date that the Administrator enters into a written agreement under this section, the Administrator shall transmit to the appropriate committees of Congress a copy of the agreement. (B) No written agreements.--The Administrator shall submit to the appropriate committees of Congress-- (i) not later than 30 days after the date of enactment of this Act, a list of each foreign government or partner that does not have a written agreement under this section, including an explanation for why no written agreement exists and a justification for the determination that such a mission is necessary for aviation security; and (ii) not later than 30 days after the date that the Administrator makes a determination to schedule Federal air marshal service on flights operating to a foreign country with which no written agreement is in effect under paragraph (3), the name of the applicable foreign government or partner, an explanation for why no written agreement exists, and a justification for the determination that such mission is necessary for aviation security. (b) Mission Scheduling Automation.--The Administrator shall endeavor to acquire automated capabilities or technologies for scheduling Federal air marshal service missions based on current risk modeling. (c) Improving Federal Air Marshal Service Deployments.-- (1) After-action reports.--The Administrator shall strengthen internal controls to ensure that all after-action reports on Federal air marshal service special mission coverage provided to stakeholders include documentation of supervisory review and approval, and mandatory narratives. (2) Study.--The Administrator shall contract with an independent entity to conduct a validation and verification study of the risk analysis and risk-based determinations guiding Federal air marshal service deployment, including the use of risk-based strategies under subsection (d). (3) Cost-benefit analysis.--The Administrator shall conduct a cost-benefit analysis regarding mitigation of aviation security threats through Federal air marshal service deployment. (4) Performance measures.--The Administrator shall improve existing performance measures to better determine the effectiveness of in-flight operations in addressing the highest risk facing aviation transportation. (5) Long distance flights.--Section 44917 is amended-- (A) by striking subsection (b); and (B) by redesignating subsections (c) through (d) as subsections (b) through (c), respectively. (d) Use of Risk-based Strategies.-- (1) In general.--Section 44917(a) is amended-- (A) in paragraph (7), by striking ``and'' after the semicolon at the end; (B) in paragraph (8), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(9) shall require the Federal Air Marshal Service to utilize a risk-based strategy when allocating resources between international and domestic flight coverage, including when initially setting its annual target numbers of average daily international and domestic flights to cover; ``(10) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support domestic allocation decisions; ``(11) shall require the Federal Air Marshal Service to utilize a risk-based strategy to support international allocation decisions; and ``(12) shall ensure that the seating arrangements of Federal air marshals on aircraft are determined in a manner that is risk-based and most capable of responding to current threats to aviation security.''. (2) Report.--Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the Federal Air Marshal Service's compliance with the requirements under paragraphs (9) through (12) of section 44917(a) of title 49, United States Code, as added by this Act, and the documented methodology used by the Federal Air Marshal Service to conduct risk assessments in accordance with such paragraphs. (3) Implementation deadline.--Not later than 180 days after the date of enactment of this Act, the Administrator shall begin implementing the requirements under paragraphs (9) through (12) of section 44917(a), United States Code, as added by this Act. SEC. 2262. CREW MEMBER SELF-DEFENSE TRAINING. The Administrator, in consultation with the Administrator of the Federal Aviation Administration, shall continue to carry out and encourage increased participation by air carrier employees in the voluntary self-defense training program under section 44918(b) of title 49, United States Code. SEC. 2263. FLIGHT DECK SAFETY AND SECURITY. (a) Threat Assessment.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Administrator of the Federal Aviation Administration, shall complete a detailed threat assessment to identify any safety or security risks associated with unauthorized access to the flight decks on commercial aircraft and any appropriate measures that should be taken based on the risks. (b) RTCA Report.--The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall disseminate RTCA Document (DO-329) Aircraft Secondary Barriers and Alternative Flight Deck Security Procedure to aviation stakeholders, including air carriers and flight crew, to convey effective methods and best practices to protect the flight deck. SEC. 2264. CARRIAGE OF WEAPONS, EXPLOSIVES, AND INCENDIARIES BY INDIVIDUALS. (a) Interpretive Rule.--Subject to subsections (b) and (c), the Administrator shall periodically review and amend, as necessary, the interpretive rule (68 Fed. Reg. 7444) that provides guidance to the public on the types of property considered to be weapons, explosives, and incendiaries prohibited under section 1540.111 of title 49, Code of Federal Regulations. (b) Considerations.--Before determining whether to amend the interpretive rule to include or remove an item from the prohibited list, the Administrator shall-- (1) research and evaluate-- (A) the impact, if any, the amendment would have on security risks; [[Page S3832]] (B) the impact, if any, the amendment would have on screening operations, including effectiveness and efficiency; and (C) whether the amendment is consistent with international standards and guidance, including of the International Civil Aviation Organization; and (2) consult with appropriate aviation security stakeholders, including ASAC. (c) Exceptions.--Except for plastic or round bladed butter knives, the Administrator may not amend the interpretive rule described in subsection (a) to authorize any knife to be permitted in an airport sterile area or in the cabin of an aircraft. (d) Notification.--The Administrator shall-- (1) publish in the Federal Register any amendment to the interpretive rule described in subsection (a); and (2) notify the appropriate committees of Congress of the amendment not later than 3 days before publication under paragraph (1). SEC. 2265. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS. (a) Improved Access to Training Facilities.--Section 44921(c)(2)(C)(ii) is amended-- (1) by striking ``The training of'' and inserting the following: ``(I) In general.--The training of''; (2) in subclause (I), as designated, by striking ``approved by the Under Secretary''; and (3) by adding at the end the following: ``(II) Access to training facilities.--Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall designate additional firearms training facilities located in various regions of the United States for Federal flight deck officers for recurrent and requalifying training relative to the number of such facilities available on the day before such date of enactment.''. (b) Firearms Requalification.--Section 44921(c)(2)(C) is amended-- (1) in clause (iii)-- (A) by striking ``The Under Secretary shall'' and inserting the following: ``(I) In general.--The Administrator shall''; (B) in subclause (I), as designated by subparagraph (A), by striking ``the Under Secretary'' and inserting ``the Administrator''; and (C) by adding at the end the following: ``(II) Use of facilities for requalification.--The Administrator shall allow a Federal flight deck officer to requalify to carry a firearm under the program through training at a Transportation Security Administration-approved firearms training facility utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration.''; and (2) by adding at the end the following: ``(iv) Periodic review.--The Administrator shall periodically review requalification training intervals and assess whether it is appropriate and sufficient to adjust the time between each requalification training to facilitate continued participation in the program under this section while still maintaining effectiveness of the training, and update the training requirements as appropriate.''. (c) Training Review.--Section 44921(c)(2) is amended by adding at the end the following: ``(D) Training review.--The Administrator shall periodically review training requirements for initial and recurrent training for Federal flight deck officers and evaluate how training requirements, including the length of training, could be streamlined while maintaining the effectiveness of the training, and update the training requirements as appropriate.''. (d) Other Measures to Facilitate Training.--Section 44921(e) is amended-- (1) by striking ``Pilots participating'' and inserting the following: ``(1) In general.--Pilots participating''; and (2) by adding at the end the following: ``(2) Facilitation of training.--An air carrier shall permit a pilot seeking to be deputized as a Federal flight deck officer or a Federal flight deck officer to take a reasonable amount of leave to participate in initial, recurrent, or requalification training, as applicable, for the program. Leave required under this paragraph may be provided without compensation.''. (e) International Harmonization.--Section 44921(f) is amended-- (1) in paragraphs (1) and (3), by striking ``Under Secretary'' and inserting ``Administrator''; and (2) by adding at the end the following: ``(4) Consistency with federal air marshal program.--The Administrator shall harmonize, to the extent practicable, the policies relating to the carriage of firearms on flights in foreign air transportation by Federal flight deck officers with the policies of the Federal air marshal program for carrying firearms on such flights and carrying out the duties of a Federal flight deck officer, notwithstanding Annex 17 of the International Civil Aviation Organization.''. (f) Physical Standards.--Section 44921(d)(2) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (2) in clause (ii), as redesignated, by striking ``Under Secretary's'' and inserting ``Administrator's''; (3) by striking ``A pilot is'' and inserting the following: ``(A) In general.--A pilot is''; and (4) by adding at the end the following: ``(B) Consistency with requirements for certain medical certificates.--In establishing standards under subparagraph (A)(ii), the Administrator may not establish medical or physical standards for a pilot to become a Federal flight deck officer that are inconsistent with or more stringent than the requirements of the Federal Aviation Administration for the issuance of the required airman medical certificate under part 67 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling).''. (g) Transfer of Status.--Section 44921(d) is amended by adding at the end the following: ``(5) Transfer from inactive to active status.--In accordance with any applicable Transportation Security Administration appeals processes, a pilot deputized as a Federal flight deck officer who moves to inactive status may return to active status upon successful completion of a recurrent training program administered within program guidelines.''. (h) Technical Corrections.--Section 44921, as amended by this section, is further amended-- (1) in subsection (a), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``Not later than 3 months after the date of enactment of this section, the Under Secretary'' and inserting ``The Administrator''; (B) in paragraph (2), by striking ``Beginning 3 months after the date of enactment of this section, the Under Secretary shall begin the process of training and deputizing'' and inserting ``The Administrator shall train and deputize''; and (C) in paragraph (3)(N), by striking ``Under Secretary's'' and inserting ``Administrator's''; (3) in subsection (d)(4)-- (A) by striking ``may,'' and inserting ``may''; and (B) by striking ``Under Secretary's'' and inserting ``Administrator's''; (4) in subsection (i)(2), by striking ``the Under Secretary may'' and inserting ``may''; (5) in subsection (k)-- (A) by striking paragraphs (2) and (3); and (B) by striking ``Applicability.--'' and all that follows through ``This section'' and inserting ``Applicability.--This section''; (6) by adding at the end the following: ``(l) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Transportation Security Administration. ``(2) Air transportation.--The term `air transportation' includes all-cargo air transportation. ``(3) Firearms training facility.--The term `firearms training facility' means a private or government-owned gun range approved by the Administrator to provide recurrent or requalification training, as applicable, for the program, utilizing a Transportation Security Administration-approved contractor and a curriculum developed and approved by the Transportation Security Administration. ``(4) Pilot.--The term `pilot' means an individual who has final authority and responsibility for the operation and safety of the flight or any other flight deck crew member.''; and (7) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''. (i) Sensitive Security Information.--Not later than 180 days after the date of enactment of this Act-- (1) the Secretary of Transportation shall revise section 15.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals; and (2) the Administrator shall revise section 1520.5(b)(11) of title 49, Code of Federal Regulations, to classify information about pilots deputized as Federal flight deck officers under section 44921 of title 49, United States Code, as sensitive security information in a manner consistent with the classification of information about Federal air marshals. (j) Regulations.--Not later than 180 days after the date of enactment of this Act, the Administrator shall prescribe such regulations as may be necessary to carry out this section and the amendments made by this section. Subtitle F--Surface Transportation Security SEC. 2271. SURFACE TRANSPORTATION SECURITY ASSESSMENT AND IMPLEMENTATION OF RISK-BASED STRATEGY. (a) Security Assessment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall complete an assessment of the vulnerabilities of and risks to surface transportation systems. (2) Considerations.--In conducting the security assessment under paragraph (1), the Administrator shall, at a minimum-- (A) consider appropriate intelligence; (B) consider security breaches and attacks at domestic and international transportation facilities; (C) consider the vulnerabilities and risks associated with specific modes of surface transportation; [[Page S3833]] (D) evaluate the vetting and security training of-- (i) employees in surface transportation; and (ii) other individuals with access to sensitive or secure areas of transportation networks; and (E) consider input from-- (i) representatives of different modes of surface transportation; (ii) subject to paragraph (3)-- (I) representatives of maritime transportation; (II) critical infrastructure entities; and (III) the Transportation Systems Sector Coordinating Council; and (iii) the heads of other relevant Federal departments or agencies. (3) Maritime facilities.--The Commandant of the Coast Guard shall assess the vulnerabilities of and risks to maritime facilities and ensure the adjacent security responsibilities of the Coast Guard and TSA are coordinated. (b) Risk-based Security Strategy.-- (1) In general.--Not later than 180 days after the date the security assessment under subsection (a) is complete, the Administrator shall use the results of the assessment-- (A) to develop and implement a cross-cutting, risk-based security strategy that includes-- (i) all surface transportation modes; (ii) to the extent the Transportation Security Administration provides support in maritime transportation security efforts, maritime transportation; (iii) a coordinated strategy with the Commandant of the Coast Guard to ensure adjacent security responsibilities are synchronized; (iv) a mitigating strategy that aligns with each vulnerability and risk identified in subsection (a); (v) a planning process to inform resource allocation; (vi) priorities, milestones, and performance metrics to measure the effectiveness of the risk-based security strategy; and (vii) processes for sharing relevant and timely intelligence threat information with appropriate stakeholders; (B) to develop a management oversight strategy that-- (i) identifies the parties responsible for the implementation, management, and oversight of the risk-based security strategy; and (ii) includes a plan for implementing the risk-based security strategy; and (C) to modify the risk-based budget and resource allocations, in accordance with section 262(c), for the Transportation Security Administration. (2) Coordinated approach.--In developing and implementing the risk-based security strategy under paragraph (1), the Administrator shall-- (A) coordinate with the heads of other relevant Federal departments or agencies, and stakeholders, as appropriate-- (i) to evaluate existing surface transportation security programs, policies, and initiatives, including the explosives detection canine teams, for consistency with the risk-based security strategy and, to the extent practicable, avoid any unnecessary duplication of effort; (ii) to determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to surface transportation systems identified in subsection (a); and (iii) subject to clause (ii), to mitigate each vulnerability and risk to surface transportation systems identified in subsection (a); and (B) coordinate with the Commandant of the Coast Guard to ensure there are no security gaps between jurisdictional authorities. (c) Report.-- (1) In general.--Not later than 180 days after the date the security assessment under subsection (a) is complete, the Administrator shall submit to the appropriate committees of Congress and the Inspector General of the Department a report that-- (A) describes the process used to complete the security assessment; (B) describes the process used to develop the risk-based security strategy; (C) describes the risk-based security strategy; (D) includes the management oversight strategy; (E) includes-- (i) the findings of the security assessment; (ii) a description of the actions recommended or taken by the Administrator, the Commandant of the Coast Guard, or the head of another Federal department or agency to mitigate the vulnerabilities and risks identified in subsection (a); (iii) any recommendations for improving the coordinated approach to mitigating vulnerabilities and risks to surface and maritime transportation systems; and (iv) any recommended changes to the National Infrastructure Protection Plan, the modal annexes to such plan, or relevant surface or maritime transportation security programs, policies, or initiatives; and (F) may contain a classified annex. (2) Protections.--In preparing the report, the Administrator shall take appropriate actions to safeguard information described by section 552(b) of title 5, United States Code, or protected from disclosure by any other law of the United States. (d) Updates.--Not less frequently than semiannually, the Administrator shall report to or brief the appropriate committees of Congress on the vulnerabilities of and risks to surface and maritime transportation systems and how those vulnerabilities and risks affect the risk-based security strategy. SEC. 2272. RISK-BASED BUDGETING AND RESOURCE ALLOCATION. (a) Report.--In conjunction with the submission of the Department's annual budget request to the Office of Management and Budget, the Administrator shall submit to the appropriate committees of Congress a report that describes a risk-based budget and resource allocation plan for surface transportation sectors, within and across modes, that-- (1) reflects the risk-based security strategy under section 2271(b); and (2) is organized by appropriations account, program, project, and initiative. (b) Budget Transparency.--In submitting the annual budget of the United States Government under section 1105 of title 31, United States Code, the President shall clearly distinguish the resources requested for surface transportation security from the resources requested for aviation security. (c) Resource Reallocation.-- (1) In general.--Not later than 15 days after the date on which the Transportation Security Administration allocates any resources or personnel, including personnel sharing, detailing, or assignment, or the use of facilities, technology systems, or vetting resources, for a nontransportation security purpose or National Special Security Event (as defined in section 2001 of Homeland Security Act of 2002 (6 U.S.C. 601)), the Secretary shall provide the notification described in paragraph (2) to the appropriate committees of Congress. (2) Notification.--A notification described in this paragraph shall include-- (A) the reason for and a justification of the resource or personnel allocation; (B) the expected end date of the resource or personnel allocation; and (C) the projected cost to the Transportation Security Administration of the personnel or resource allocation. (d) 5-year Capital Investment Plan.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a 5-year capital investment plan, consistent with the 5-year technology investment plan under section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113-245; 128 Stat. 2871). SEC. 2273. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND INTERAGENCY COORDINATION REVIEW. (a) Review.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) review the staffing, budget, resource, and personnel allocation, and management oversight strategy of the Transportation Security Administration's surface transportation security programs; (2) review the coordination between relevant entities of leadership, planning, policy, inspections, and implementation of security programs relating to surface and maritime transportation to reduce redundancy and regulatory burden; and (3) submit to the appropriate committees of Congress a report on the findings of the reviews under paragraphs (1) and (2), including any recommendations for improving coordination between relevant entities and reducing redundancy and regulatory burden. (b) Definition of Relevant Entities.--In this section, the term ``relevant entities'' means-- (1) the Transportation Security Administration; (2) the Coast Guard; (3) other Federal, State, or local departments or agencies with jurisdiction over a mode of surface or maritime transportation; (4) critical infrastructure entities; (5) the Transportation Systems Sector Coordinating Council; and (6) relevant stakeholders. SEC. 2274. TRANSPARENCY. (a) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Administrator shall publish on a public website information regarding the status of each regulation relating to surface transportation security that is directed by law to be issued and that has not been issued if not less than 2 years have passed since the date of enactment of the law. (2) Contents.--The information published under paragraph (1) shall include-- (A) an updated rulemaking schedule for the outstanding regulation; (B) current staff allocations; (C) data collection or research relating to the development of the rulemaking; (D) current efforts, if any, with security experts, advisory committees, and other stakeholders; and (E) other relevant details associated with the development of the rulemaking that impact the progress of the rulemaking. (b) Inspector General Review.--Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter until all of the requirements under titles XIII, XIV, and XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) and under this Act have been fully implemented, the Inspector [[Page S3834]] General of the Department shall submit to the appropriate committees of Congress a report that-- (1) identifies the requirements under such titles of that Act and under this Act that have not been fully implemented; (2) describes what, if any, additional action is necessary; and (3) includes recommendations regarding whether any of the requirements under such titles of that Act or this Act should be amended or repealed. SEC. 2275. TSA COUNTERTERRORISM ASSET DEPLOYMENT. (a) In General.--If the Transportation Security Administration deploys any counterterrorism personnel or resource, such as explosive detection sweeps, random bag inspections, or patrols by Visible Intermodal Prevention and Response teams, to enhance security at a transportation system or transportation facility for a period of not less than 180 consecutive days, the Administrator shall provide sufficient notification to the system or facility operator, as applicable, not less than 14 days prior to terminating the deployment. (b) Exception.--This section shall not apply if the Administrator-- (1) determines there is an urgent security need for the personnel or resource described in subsection (a); and (2) notifies the appropriate committees of Congress of the determination under paragraph (1). SEC. 2276. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE. (a) In General.--Subtitle A of title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the following: ``SEC. 404. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE. ``(a) Establishment.--The Administrator of the Transportation Security Administration (referred to in this section as `Administrator') shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the `Advisory Committee'). ``(b) Duties.-- ``(1) In general.--The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security. ``(2) Risk-based security.--The Advisory Committee shall consider risk-based security approaches in the performance of its duties. ``(c) Membership.-- ``(1) Composition.--The Advisory Committee shall be composed of-- ``(A) voting members appointed by the Administrator under paragraph (2); and ``(B) nonvoting members, serving in an advisory capacity, who shall be designated by-- ``(i) the Transportation Security Administration; ``(ii) the Department of Transportation; ``(iii) the Coast Guard; and ``(iv) such other Federal department or agency as the Administrator considers appropriate. ``(2) Appointment.--The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from-- ``(A) associations representing such modes of surface transportation; ``(B) labor organizations representing such modes of surface transportation; ``(C) groups representing the users of such modes of surface transportation, including asset manufacturers, as appropriate; ``(D) relevant law enforcement, first responders, and security experts; and ``(E) such other groups as the Administrator considers appropriate. ``(3) Chairperson.--The Advisory Committee shall select a chairperson from among its voting members. ``(4) Term of office.-- ``(A) Terms.-- ``(i) In general.--The term of each voting member of the Advisory Committee shall be 2 years, but a voting member may continue to serve until the Administrator appoints a successor. ``(ii) Reappointment.--A voting member of the Advisory Committee may be reappointed. ``(B) Removal.-- ``(i) In general.--The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time. ``(ii) Access to information.--The Administrator may remove any member of the Advisory Committee that the Administrator determines should be restricted from reviewing, discussing, or possessing classified information or sensitive security information. ``(5) Prohibition on compensation.--The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee. ``(6) Meetings.-- ``(A) In general.--The Administrator shall require the Advisory Committee to meet at least semiannually in person or through web conferencing and may convene additional meetings as necessary. ``(B) Public meetings.--At least 1 of the meetings of the Advisory Committee each year shall be-- ``(i) announced in the Federal Register; ``(ii) announced on a public website; and ``(iii) open to the public. ``(C) Attendance.--The Advisory Committee shall maintain a record of the persons present at each meeting. ``(D) Minutes.-- ``(i) In general.--Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website under subsection (e)(5). ``(ii) Protection of classified and sensitive information.--The Advisory Committee may redact or summarize, as necessary, minutes of the meetings to protect classified or other sensitive information in accordance with law. ``(7) Voting member access to classified and sensitive security information.-- ``(A) Determinations.--Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee and before that voting member may be granted any access to classified information or sensitive security information, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing classified information or sensitive security information. ``(B) Access.-- ``(i) Sensitive security information.--If a voting member is not restricted from reviewing, discussing, or possessing sensitive security information under subparagraph (A) and voluntarily signs a nondisclosure agreement, the voting member may be granted access to sensitive security information that is relevant to the voting member's service on the Advisory Committee. ``(ii) Classified information.--Access to classified materials shall be managed in accordance with Executive Order 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive order. ``(C) Protections.-- ``(i) Sensitive security information.--Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations. ``(ii) Classified information.--Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification. ``(8) Joint committee meetings.--The Advisory Committee may meet with 1 or more of the following advisory committees to discuss multimodal security issues and other security-related issues of common concern: ``(A) Aviation Security Advisory Committee established under section 44946 of title 49, United States Code. ``(B) Maritime Security Advisory Committee established under section 70112 of title 46, United States Code. ``(C) Railroad Safety Advisory Committee established by the Federal Railroad Administration. ``(9) Subject matter experts.--The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee. ``(d) Reports.-- ``(1) Periodic reports.--The Advisory Committee shall periodically submit reports to the Administrator on matters requested by the Administrator or by a majority of the members of the Advisory Committee. ``(2) Annual report.-- ``(A) Submission.--The Advisory Committee shall submit to the Administrator and the appropriate congressional committees an annual report that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year. ``(B) Publication.--Not later than 6 months after the date that the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552a(b) of title 5, United States Code. ``(e) Administration Response.-- ``(1) Consideration.--The Administrator shall consider the information, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security and to the support of maritime transportation security efforts. ``(2) Feedback.--Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2), the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including-- ``(A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or ``(B) if the Administrator disagrees with the recommendation, a justification for that determination. ``(3) Notices.--Not later than 30 days after the date the Administrator submits feedback under paragraph (2), the Administrator shall-- ``(A) notify the appropriate congressional committees of the feedback, including the determination under subparagraph (A) or subparagraph (B) of that paragraph, as applicable; and [[Page S3835]] ``(B) provide the appropriate congressional committees with a briefing upon request. ``(4) Updates.--Not later than 90 days after the date the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommendation is fully implemented, the Administrator shall submit a report to the appropriate congressional committees or post on the public website under paragraph (5) an update on the status of the recommendation. ``(5) Website.--The Administrator shall maintain a public website that-- ``(A) lists the members of the Advisory Committee; and ``(B) provides the contact information for the Advisory Committee. ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any subcommittee established under this section.''. (b) Advisory Committee Members.-- (1) Voting members.--Not later than 180 days after the date of enactment of this Act, the Administrator shall appoint the voting members of the Surface Transportation Security Advisory Committee established under section 404 of the Homeland Security Act of 2002, as added by subsection (a) of this section. (2) Nonvoting members.--Not later than 90 days after the date of enactment of this Act, each Federal Government department and agency with regulatory authority over a mode of surface or maritime transportation, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation Security Advisory Committee. (c) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2135) is amended by inserting after the item relating to section 403 the following: ``Sec. 404. Surface Transportation Security Advisory Committee.''. SEC. 2277. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM PROGRAM. (a) In General.--Not later than 90 days after the date that the Inspector General of the Department receives the report under section 2271(c), the Inspector General of the Department shall-- (1) review the explosives detection canine team program, including-- (A) the development by the Transportation Security Administration of a deployment strategy for explosives detection canine teams; (B) the national explosives detection canine team training program, including canine training, handler training, refresher training, and updates to such training; (C) the use of the canine assets during an urgent security need, including the reallocation of such program resources outside the transportation systems sector during an urgent security need; and (D) the monitoring and tracking of canine assets; and (2) submit to the appropriate committees of Congress a report on the review, including any recommendations. (b) Considerations.--In conducting the review of the deployment strategy under subsection (a)(1)(A), the Inspector General shall consider whether the Transportation Security Administration's method to analyze the risk to transportation facilities and transportation systems is appropriate. SEC. 2278. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE TEAM PROGRAM. (a) In General.--The Secretary, where appropriate, shall encourage State, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of explosives detection canine teams. (b) Increased Capacity.-- (1) In general.--Before the date the Inspector General of the Department submits the report under section 2277, the Administrator may increase the number of State and local surface and maritime transportation canines by not more than 70 explosives detection canine teams. (2) Additional teams.--Beginning on the date the Inspector General of the Department submits the report under section 2277, the Secretary may increase the State and local surface and maritime transportation canines up to 200 explosives detection canine teams unless more are identified in the risk-based security strategy under section 2271, consistent with section 2272 or with the President's most recent budget submitted under section 1105 of title 31, United States Code. (3) Recommendations.--Before initiating any increase in the number of explosives detection teams under paragraph (2), the Secretary shall consider any recommendations in the report under section 2277 on the efficacy and management of the explosives detection canine program. (c) Deployment.--The Secretary shall-- (1) use the additional explosives detection canine teams, as described in subsection (b)(1), as part of the Department's efforts to strengthen security across the Nation's surface and maritime transportation networks; (2) make available explosives detection canine teams to all modes of transportation, subject to the requirements under section 2275, to address specific vulnerabilities or risks, on an as-needed basis and as otherwise determined appropriate by the Secretary; and (3) consider specific needs and training requirements for explosives detection canine teams to be deployed across the Nation's surface and maritime transportation networks, including in venues of multiple modes of transportation, as the Secretary considers appropriate. (d) Authorization.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for each of fiscal years 2019 through 2021. SEC. 2279. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR PASSENGER TRANSPORTATION SYSTEMS. (a) Security Standards and Best Practices for United States and Foreign Passenger Transportation Systems.--The Comptroller General of the United States shall conduct a study of how the Transportation Security Administration-- (1) identifies and compares-- (A) United States and foreign passenger transportation security standards; and (B) best practices for protecting passenger transportation systems, including shared terminal facilities, and cyber systems; and (2) disseminates the findings under paragraph (1) to stakeholders. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall issue a report that contains-- (1) the findings of the study conducted under subsection (a); and (2) any recommendations for improving the relevant processes or procedures. SEC. 2280. AMTRAK SECURITY UPGRADES. (a) Railroad Security Assistance.--Section 1513(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1163(b)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting ``, including communications interoperability where appropriate with relevant outside agencies and entities.''; (2) in paragraph (5), by striking ``security of'' and inserting ``security and preparedness of''; (3) in paragraph (7), by striking ``security threats'' and inserting ``security threats and preparedness, including connectivity to the National Terrorist Screening Center''; and (4) in paragraph (9), by striking ``and security officers'' and inserting ``, security, and preparedness officers''. (b) Specific Projects.--Section 1514(a)(3) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1164(a)(3)) is amended-- (1) in subparagraph (D) by inserting ``, or to connect to the National Terrorism Screening Center watchlist'' after ``Secretary''; (2) in subparagraph (G), by striking ``; and'' at the end and inserting a semicolon; (3) in subparagraph (H) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(I) for improvements to passenger verification systems; ``(J) for improvements to employee and contractor verification systems, including identity verification technology; or ``(K) for improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs.''. SEC. 2281. PASSENGER RAIL VETTING. (a) In General.--Not later than 180 days after the date on which the Amtrak Board of Directors submits a request to the Administrator, the Administrator shall issue a decision on the use by Amtrak of the Transportation Security Administration's Secure Flight Program or a similar passenger vetting system to enhance passenger rail security. (b) Strategic Plan.--If the Administrator decides to grant the request by Amtrak under subsection (a), the decision shall include a strategic plan for working with rail stakeholders to enhance passenger rail security by vetting passengers using terrorist watch lists maintained by the Federal Government or a similar passenger vetting system maintained by the Transportation Security Administration. (c) Notices.--The Administrator shall notify the appropriate committees of Congress of any decision made under subsection (a) and the details of the strategic plan under subsection (b). (d) Rule of Construction.--Nothing in this section shall be construed to limit the Administrator's authority to set the access to, or terms and conditions of using, the Secure Flight Program or a similar passenger vetting system. SEC. 2282. STUDY ON SURFACE TRANSPORTATION INSPECTORS. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that-- (1) identifies the roles and responsibilities of surface transportation security inspectors authorized under section 1304 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1113); (2) determines whether surface transportation security inspectors-- (A) have appropriate qualifications to help secure and inspect surface transportation systems; and [[Page S3836]] (B) have adequate experience and training to perform the responsibilities identified under paragraph (1); (3) evaluates feedback from surface transportation industry stakeholders on the effectiveness of surface transportation security inspectors and inspection programs to the overall security of the surface transportation systems of such stakeholders; (4) evaluates the consistency of surface transportation inspections, recommendations, and regulatory enforcement, where applicable; (5) identifies any duplication or redundancy between the Transportation Security Administration and the Department of Transportation relating to surface transportation security inspections or oversight; and (6) provides recommendations, if any, relating to-- (A) improvements to the surface transportation security inspectors program, including-- (i) changes in organizational and supervisory structures; (ii) coordination procedures to enhance consistency; and (iii) effectiveness in inspection and compliance activities; and (B) whether each transportation mode needs inspectors trained and qualified for that specific mode. SEC. 2283. SECURITY AWARENESS PROGRAM. (a) Establishment.--The Administrator shall establish a program to promote surface transportation security through the training of surface transportation operators and frontline employees on each of the skills identified in subsection (c). (b) Application.--The program established under subsection (a) shall apply to all modes of surface transportation, including public transportation, rail, highway, motor carrier, and pipeline. (c) Training.--The program established under subsection (a) shall cover, at a minimum, the skills necessary to recognize, assess, and respond to suspicious items or actions that could indicate a threat to transportation. (d) Assessment.-- (1) In general.--The Administrator shall conduct an assessment of current training programs for surface transportation operators and frontline employees. (2) Contents.--The assessment shall identify-- (A) whether other training is being provided, either voluntarily or in response to other Federal requirements; and (B) whether there are any gaps in existing training. (e) Updates.--The Administrator shall ensure the program established under subsection (a) is updated as necessary to address changes in risk and terrorist methods and to close any gaps identified in the assessment under subsection (d). (f) Suspicious Activity Reporting.-- (1) In general.--The Administrator shall maintain a national telephone number for an individual to use to report suspicious activity under this section to the Administration. (2) Procedures.--The Administrator shall establish procedures for the Administration-- (A) to review and follow-up, as necessary, on each report received under paragraph (1); and (B) to share, as necessary and in accordance with law, the report with appropriate Federal, State, local, and tribal entities. (3) Rule of construction.--Nothing in this section may be construed to replace or affect in any way the use of 9-1-1 services in an emergency. (g) Definition of Frontline Employee.--In this section, the term ``frontline employee'' includes-- (1) an employee of a public transportation agency who is a transit vehicle driver or operator, dispatcher, maintenance and maintenance support employee, station attendant, customer service employee, security employee, or transit police, or any other employee who has direct contact with riders on a regular basis, and any other employee of a public transportation agency that the Administrator determines should receive security training under this section or that is receiving security training under other law; (2) over-the-road bus drivers, security personnel, dispatchers, maintenance and maintenance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus operator or terminal owner or operator that the Administrator determines should receive security training under this section or that is receiving security training under other law; or (3) security personnel, dispatchers, locomotive engineers, conductors, trainmen, other onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad carriers that the Administrator determines should receive security training under this section or that is receiving security training under other law. SEC. 2284. VOLUNTARY USE OF CREDENTIALING. (a) In General.--An individual who is subject to credentialing or a background investigation may satisfy that requirement by obtaining a valid transportation security card issued under section 70105 of title 46, United States Code. (b) Issuance of Cards.--The Secretary of Homeland Security-- (1) shall expand the transportation security card program, consistent with section 70105 of title 46, United States Code, to allow an individual who is subject to credentialing or a background investigation to apply for a transportation security card; and (2) may charge reasonable fees, in accordance with section 520(a) of the Department of Homeland Security Appropriations Act, 2004 (6 U.S.C. 469(a)), for providing the necessary credentialing and background investigation. (c) Vetting.--The Administrator shall utilize, in addition to any background check required for initial issue, the Federal Bureau of Investigation's Rap Back Service and other vetting tools as appropriate, including the No-Fly and Selectee lists, to get immediate notification of any criminal activity relating to any person with a valid transportation security card. (d) Definition.--In this section, the term ``individual who is subject to credentialing or a background investigation'' means an individual who-- (1) because of employment is regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard and is required to have a background records check to obtain a hazardous materials endorsement on a commercial driver's license issued by a State under section 5103a of title 49, United States Code; or (2) is required to have a credential and background records check under section 2102(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 622(d)(2)) at a facility with activities that are regulated by the Transportation Security Administration, Department of Transportation, or Coast Guard. SEC. 2285. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT LICENSES. Section 5103a(d) is amended by adding at the end the following: ``(3) Transportation security cards.--An individual who holds a valid transportation security card issued by the Secretary of the department in which the Coast Guard is operating under section 70105 of title 46 shall be deemed to have met the background records check required under this subsection.''. SEC. 2286. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW. (a) Designations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter until the date of full-scale implementation of 100 percent screening of cargo containers and 100 percent scanning of high-risk containers required under section 232 of the SAFE Port Act (6 U.S.C. 982), the Secretary shall solicit proposals for scanning technologies, consistent with the standards under subsection (b)(8) of that section, to improve scanning of cargo at domestic ports. (2) Evaluation.--In soliciting proposals under paragraph (1), the Secretary shall establish measures to assess the performance of the proposed scanning technologies, including-- (A) the rate of false positives; (B) the delays in processing times; and (C) the impact on the supply chain. (b) Pilot Program.-- (1) Establishment.--The Secretary may establish a pilot program to determine the efficacy of a scanning technology referred to in subsection (a). (2) Application process.--In carrying out the pilot program under this subsection, the Secretary shall-- (A) solicit applications from domestic ports; (B) select up to 4 domestic ports to participate in the pilot program; and (C) select ports with unique features and differing levels of trade volume. (3) Report.--Not later than 1 year after initiating a pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the pilot program, including-- (A) an evaluation of the scanning technologies proposed to improve security at domestic ports and to meet the full-scale implementation requirement; (B) the costs to implement a pilot program; (C) the benefits of the proposed scanning technologies; (D) the impact of the pilot program on the supply chain; and (E) recommendations for implementation of advanced cargo scanning technologies at domestic ports. (4) Sharing pilot program testing results.--The results of the pilot testing of advanced cargo scanning technologies shall be shared, as appropriate, with government agencies and private stakeholders whose responsibilities encompass the secure transport of cargo. SEC. 2287. TECHNICAL AND CONFORMING AMENDMENTS. (a) Transportation Security Administration.--Section 114 is amended by redesignating subsections (u), (v), and (w) as subsections (t), (u), and (v), respectively. (b) Transportation Security Strategic Planning.--Section 114(s)(3)(B) is amended by striking ``2007'' and inserting ``2007)''. (c) Congressional Oversight of Security Assurance for Public and Private Stakeholders.--Section 1203(b)(1)(B) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (49 U.S.C. 114 note) is amended by striking ``, under section 114(u)(7) of title 49, United States Code, as added by this section, or otherwise,''. TITLE III--MARITIME SECURITY SEC. 2301. COORDINATION WITH TSA ON MARITIME FACILITIES. (a) In General.--The Commandant of the Coast Guard shall assess the vulnerabilities of and risks to maritime facilities to ensure [[Page S3837]] the adjacent security responsibilities of the Coast Guard and TSA are coordinated. (b) Requirements.--In carrying out the requirements under subsection (a), the Commandant shall-- (1) provide the TSA with any results from an evaluation threats to the maritime transportation system and effectiveness of existing maritime transportation security programs, policies, and initiatives for input into the development of the risk-based security strategy in section 2271 and, to the extent practicable, avoid any unnecessary duplication of effort; (2) ensure there are no security gaps between jurisdictional authorities that a threat can exploit to cause harm; (3) determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to maritime transportation systems identified in subsection (a); and (4) subject to paragraphs (2) and (3), mitigate each vulnerability and risk to maritime transportation systems identified in subsection (a). SEC. 2302. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL SUPPLY CHAIN. Section 201 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 941) is amended-- (1) in subsection (a), by striking ``as appropriate'' and inserting ``triennially''; and (2) in subsection (g)-- (A) in the heading, by striking ``Report'' and inserting ``Reports''; and (B) by amending paragraph (2) to read as follows: ``(2) Updates.--Not later than 270 days after the date of enactment of the TSA Modernization Act and triennially thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains any updates to the strategic plan under subsection (a) since the prior report.''. SEC. 2303. CYBERSECURITY INFORMATION SHARING AND COORDINATION IN PORTS. (a) Maritime Cybersecurity Risk Assessment Model.--The Secretary of Homeland Security, through the Commandant of the Coast Guard shall-- (1) not later than 1 year after the date of enactment of this Act, coordinate with the National Maritime Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk assessment model, consistent with the activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)), to evaluate current and future cybersecurity risks that have the potential to affect the marine transportation system or that would cause a transportation security incident (as defined in section 70101 of title 46, United States Code) in ports; and (2) not less than biennially thereafter, evaluate the effectiveness of the cybersecurity risk assessment model established under paragraph (1). (b) Port Security; Definitions.--Section 70101 of title 46, United States Code, is amended-- (1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (2) by inserting after paragraph (1) the following: ``(2) The term `cybersecurity risk' means the extent to which a technology asset is vulnerable to information, information systems, or operational technology being lost, destroyed, or other adverse impact on the security, availability, confidentiality, integrity, or functionality, as applicable, of that information, information system, or operational technology.''. (c) National Maritime Security Advisory Committee.-- (1) Functions.--Section 70112(a)(1)(A) of title 46, United States Code, is amended by inserting before the semicolon the following: ``, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and-- ``(i) State, local, and tribal governments; ``(ii) relevant public safety and emergency response agencies; ``(iii) relevant law enforcement and security organizations; ``(iv) maritime industry; ``(v) port owners and operators; and ``(vi) terminal owners and operators;''. (2) Information sharing.--The Commandant of the Coast Guard shall-- (A) ensure there is a process for each Area Maritime Security Advisory Committee established under section 70112 of title 46, United States Code-- (i) to facilitate the sharing of information related to cybersecurity risks that may cause transportation security incidents; (ii) to timely report transportation security incidents to the national level; and (iii) to disseminate such reports across the entire maritime transportation system; and (B) issue voluntary guidance for the management of such cybersecurity risks in each Area Maritime Transportation Security Plan and facility security plan required under section 70103 of title 46, United States Code, approved after the date that the cybersecurity risk assessment model is developed under subsection (a) of this section. (d) Vulnerability Assessments and Security Plans.-- (1) Facility and vessel assessments.--Section 70102(b)(1) of title 46, United States Code, is amended-- (A) in the matter preceding subparagraph (A), by striking ``and by not later than December 31, 2004''; and (B) in subparagraph (C), by inserting ``security against cybersecurity risks,'' after ``physical security,''. (2) Maritime transportation security plans.--Section 70103 of title 46, United States Code, is amended-- (A) in subsection (a)(1), by striking ``Not later than April 1, 2005, the'' and inserting ``The''; (B) in subsection (a)(2), by adding at the end the following: ``(K) A plan to detect, respond to, and recover from cybersecurity risks that may cause transportation security incidents.''; (C) in subsection (b)(2)-- (i) in subparagraph (G)(ii), by striking ``; and'' and inserting a semicolon; (ii) by redesignating subparagraph (H) as subparagraph (I); and (iii) by inserting after subparagraph (G) the following: ``(H) include a plan for detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and''; and (D) in subsection (c)(3)(C)-- (i) in clause (iv), by striking ``; and'' and inserting a semicolon; (ii) by redesignating clause (v) as clause (vi); and (iii) by inserting after clause (iv) the following: ``(v) detecting, responding to, and recovering from cybersecurity risks that may cause transportation security incidents; and''. (3) Applicability.--The amendments made by this subsection shall apply to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection (a). (e) Brief to Congress.--Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the appropriate committees of Congress a briefing on how the Coast Guard will assist in security and response in the port environment when a cyber-caused transportation security incident occurs, to include the use of cyber protection teams. SEC. 2304. FACILITY INSPECTION INTERVALS. Section 70103(c)(4)(D) of title 46, United States Code, is amended to read as follows: ``(D) subject to the availability of appropriations, periodically, but not less than one time per year, conduct a risk-based, no notice facility inspection to verify the effectiveness of each such facility security plan.''. SEC. 2305. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN . (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following: ``SEC. 434. MARITIME OPERATIONS COORDINATION PLAN. ``(a) In General.--Not later than 180 days after the date of the enactment of the TSA Modernization Act, and biennially thereafter, the Secretary shall-- ``(1) update the Maritime Operations Coordination Plan, published by the Department on July 7, 2011, to strengthen coordination, planning, information sharing, and intelligence integration for maritime operations of components and offices of the Department with responsibility for maritime security missions; and ``(2) submit each update to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives. ``(b) Contents.--Each update shall address the following: ``(1) Coordinating the planning, integration of maritime operations, and development of joint maritime domain awareness efforts of any component or office of the Department with responsibility for maritime security missions. ``(2) Maintaining effective information sharing and, as appropriate, intelligence integration, with Federal, State, and local officials and the private sector, regarding threats to maritime security. ``(3) Cooperating and coordinating with Federal departments and agencies, and State and local agencies, in the maritime environment, in support of maritime security missions. ``(4) Highlighting the work completed within the context of other national and Department maritime security strategic guidance and how that work fits with the Maritime Operations Coordination Plan.''. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2136) is amended by adding after the item relating to section 433 the following: ``434. Maritime operations coordination plan.''. SEC. 2306. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland [[Page S3838]] Security of the House of Representatives a report on the state of the Coast Guard's Deployable Specialized Forces (referred to in this section as DSF). (b) Contents.--The report shall include, at a minimum, the following: (1) For each of the past 3 fiscal years, and for each type of DSF, the following: (A) A cost analysis, including training, operating, and travel costs. (B) The number of personnel assigned. (C) The total number of units. (D) The total number of operations conducted. (E) The number of operations requested by each of the following: (i) Coast Guard. (ii) Other components or offices of the Department of Homeland Security. (iii) Other Federal departments or agencies. (iv) State agencies. (v) Local agencies. (F) The number of operations fulfilled in support of each entity described in clauses (i) through (v) of subparagraph (E). (2) An examination of alternative distributions of deployable specialized forces, including the feasibility, cost (including cost savings), and impact on mission capability of such distributions, including at a minimum the following: (A) Combining deployable specialized forces, primarily focused on counterdrug operations, under one centralized command. (B) Distributing counter-terrorism and anti-terrorism capabilities to deployable specialized forces in each major United States port. (c) Definition of Deployable Specialized Forces or DSF.--In this section, the term ``deployable specialized forces'' or ``DSF'' means the deployable specialized forces established section 70106 of title 46, United States Code. SEC. 2307. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY AND SECURE SYSTEMS OF TRANSPORTATION. (a) Interagency Operational Centers for Port Security.-- Section 70107A of title 46, United States Code, is repealed. (b) Secure Systems of Transportation.--Section 70116 of title 46, United States Code, is repealed. (c) Technical and Conforming Amendments.-- (1) Table of contents.--The table of contents for chapter 701 of title 46, United States Code, is amended by striking the items relating to sections 70107A and 70116. (2) Report requirement.--Section 108 of the Security and Accountability for Every Port Act of 2006 (Public Law 109- 347; 120 Stat. 1893) is amended by striking subsection (b) (46 U.S.C. 70107A note) and inserting the following: ``(b) [Reserved].''. SEC. 2308. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN. (a) GAO Analysis.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct an analysis of all operations in the applicable location of-- (A) the Air and Marine Operations of the U.S. Customs and Border Protection; and (B) any other agency of the Department of Homeland Security that operates air and marine assets; (2) in conducting the analysis under paragraph (1)-- (A) determine whether any duplicative operations are occurring among the agencies described in paragraph (1); (B) examine the extent to which the Air and Marine Operations is synchronizing and deconflicting any duplicative flight hours or patrols with the agencies described in paragraph (1)(B); (C) include a sector-by-sector analysis of any potential costs savings that would be derived through greater coordination of flight hours and patrols; and (D) examine whether co-locating personnel from the agencies described in paragraph (1) would enhance cooperation among those agencies; and (3) submit to the Secretary of Homeland Security and the appropriate committees of Congress a report on the analysis, including any recommendations. (b) DHS Report.--Not later than 180 days after the date the report is submitted under subsection (a)(3), the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report on what actions the Secretary plans to take in response to the findings of the analysis and recommendations of the Comptroller General. (c) Definition of Applicable Location.--In this section, the term ``applicable location'' means any location in which the Air and Marine Operations of the U.S. Customs and Border Protection is based within 45 miles of a location in which any other agency of the Department of Homeland Security also operates air and marine assets. SEC. 2309. MARITIME SECURITY CAPABILITIES ASSESSMENTS. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 2305 of this Act, is further amended by adding at the end the following: ``SEC. 435. MARITIME SECURITY CAPABILITIES ASSESSMENTS. ``Not later than 180 days after the date of enactment of the TSA Modernization Act, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives, an assessment of the number and type of maritime assets and the number of personnel required to increase the Department's maritime response rate pursuant to section 1092 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).''. (b) Table of Contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107- 296; 116 Stat. 2136), as amended by section 2305 of this Act, is further amended by adding after the item relating to section 434 the following: ``435. Maritime security capabilities assessments.''. SEC. 2310. CONTAINER SECURITY INITIATIVE. Section 205(l) of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945) is amended-- (1) by striking paragraph (2); and (2) in paragraph (1)-- (A) by striking ``(1) In general.--Not later than September 30, 2007,'' and inserting ``Not later than 270 days after the date of enactment of the TSA Modernization Act,''; and (B) by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively. SEC. 2311. MARITIME BORDER SECURITY COOPERATION. The Secretary of the department in which the Coast Guard is operating shall, in accordance with law-- (1) partner with other Federal, State, and local government agencies to leverage existing technology, including existing sensor and camera systems and other sensors, in place along the maritime border on the date of enactment of this Act to provide continuous monitoring of the high-risk maritime borders, as determined by the Secretary; and (2) enter into such agreements as the Secretary considers necessary to ensure 24-hour monitoring of the technology described in paragraph (1). SEC. 2312. TECHNICAL AND CONFORMING AMENDMENTS. (a) Study to Identify Redundant Background Records Checks.--Section 105 of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1891) and the item relating to that section in the table of contents for that Act are repealed. (b) Domestic Radiation Detection and Imaging.--Section 121 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 921)-- (1) by striking subsections (c), (d), and (e); (2) redesignating subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively; and (3) in subsection (e)(1)(B), as redesignated, by striking ``(and updating, if any, of that strategy under subsection (c))''. (c) Inspection of Car Ferries Entering From Abroad.-- Section 122 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 922) and the item relating to that section in the table of contents for that Act are repealed. (d) Report on Arrival and Departure Manifest for Certain Commercial Vessels in the United States Virgin Islands.-- Section 127 of the Security and Accountability for Every Port Act of 2006 (120 Stat. 1900) and the item relating to that section in the table of contents for that Act are repealed. (e) International Cooperation and Coordination.-- (1) In general.--Section 233 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 983) is amended to read as follows: ``SEC. 233. INSPECTION TECHNOLOGY AND TRAINING. ``(a) In General.--The Secretary, in coordination with the Secretary of State, the Secretary of Energy, and appropriate representatives of other Federal agencies, may provide technical assistance, equipment, and training to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative. ``(b) Acquisition and Training.--Unless otherwise prohibited by law, the Secretary may-- ``(1) lease, loan, provide, or otherwise assist in the deployment of nonintrusive inspection and radiation detection equipment at foreign land and sea ports under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of equipment; and ``(2) provide training and technical assistance for domestic or foreign personnel responsible for operating or maintaining such equipment.''. (2) Table of contents.--The table of contents in section 1(b) of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1884) is amended by amending the item relating to section 233 to read as follows: ``Sec. 233. Inspection technology and training.''. (f) Pilot Program to Improve the Security of Empty Containers.--Section 235 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 984) and the item relating to that section in the table of contents for that Act are repealed. (g) Security Plan for Essential Air Service and Small Community Airports.--Section 701 of the Security and Accountability for Every Port Act of 2006 (Public [[Page S3839]] Law 109-347; 120 Stat. 1943) and the item relating to that section in the table of contents for that Act are repealed. (h) Aircraft Charter Customer and Lessee Prescreening Program.--Section 708 of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1947) and the item relating to that section in the table of contents for that Act are repealed. TITLE IV--CONFORMING AND MISCELLANEOUS AMENDMENTS SEC. 2401. TITLE 49 AMENDMENTS. (a) Deletion of Duties Related to Aviation Security.-- Section 106(g) is amended to read as follows: ``(g) Duties and Powers of Administrator.--The Administrator shall carry out the following: ``(1) Duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in the following: ``(A) Section 308(b). ``(B) Subsections (c) and (d) of section 1132. ``(C) Sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 40114(a). ``(D) Chapter 445, except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515. ``(E) Chapter 447, except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723. ``(F) Chapter 451. ``(G) Chapter 453. ``(H) Section 46104. ``(I) Subsections (d) and (h)(2) of section 46301 and sections 46303(c), 46304 through 46308, 46310, 46311, and 46313 through 46316. ``(J) Chapter 465. ``(K) Sections 47504(b) (related to flight procedures), 47508(a), and 48107. ``(2) Additional duties and powers prescribed by the Secretary of Transportation.''. (b) Transportation Security Oversight Board.--Section 115 is amended-- (1) in subsection (c)(1), by striking ``Under Secretary of Transportation for security'' and inserting ``Administrator of the Transportation Security Administration''; and (2) in subsection (c)(6), by striking ``Under Secretary'' and inserting ``Administrator''. (c) Chapter 401 Amendments.--Chapter 401 is amended-- (1) in section 40109-- (A) in subsection (b), by striking ``, 40119, 44901, 44903, 44906, and 44935-44937''; and (B) in subsection (c), by striking ``sections 44909 and'' and inserting ``sections 44909(a), 44909(b), and''; (2) in section 40113-- (A) in subsection (a)-- (i) by striking ``the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or'' and inserting ``the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or''; (ii) by striking ``carried out by the Administrator'' and inserting ``carried out by that Administrator''; and (iii) by striking ``, Under Secretary, or Administrator,'' and inserting ``, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration,''; and (B) in subsection (d)-- (i) by striking ``Under Secretary of Transportation for Security or the''; (ii) by striking ``Transportation Security Administration or Federal Aviation Administration, as the case may be,'' and inserting ``Federal Aviation Administration''; and (iii) by striking ``Under Secretary or Administrator, as the case may be,'' and inserting ``Administrator''; (3) by striking section 40119; and (4) in the table of contents, by striking the item relating to section 40119 and inserting the following: ``40119. [Reserved].''. (d) Chapter 449 Amendments.--Chapter 449 is amended-- (1) in section 44901-- (A) in subsection (a)-- (i) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) by striking ``, United States Code''; (B) in subsection (c), by striking ``but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act''; (C) in subsection (d)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (II) in subparagraph (A), by striking ``no later than December 31, 2002''; (ii) by striking paragraphs (2) and (3); (iii) by redesignating paragraph (4) as paragraph (2); and (iv) in paragraph (2), as redesignated-- (I) in subparagraph (A), by striking ``Assistant Secretary (Transportation Security Administration)'' and inserting ``Administrator of the Transportation Security Administration''; (II) in subparagraph (B), by striking ``Assistant Secretary'' and inserting ``Administrator of the Transportation Security Administration''; and (III) in subparagraph (D)-- (aa) by striking ``Assistant Secretary'' the first place it appears and inserting ``Administrator of the Transportation Security Administration''; and (bb) by striking ``Assistant Secretary'' the second place it appears and inserting ``Administrator''; (D) in subsection (e)-- (i) in that matter preceding paragraph (1)-- (I) by striking ``but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act''; and (II) by striking ``Under Secretary'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) in paragraph (4), by striking ``Under Secretary'' and inserting ``Administrator''; (E) in subsection (f), by striking ``after the date of enactment of the Aviation and Transportation Security Act''; (F) in subsection (g)-- (i) in paragraph (1), by striking ``Not later than 3 years after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the'' and inserting ``The''; (ii) in paragraph (2), by striking ``as follows:'' and all that follows and inserting a period; (iii) by amending paragraph (3) to read as follows: ``(3) Regulations.--The Secretary of Homeland Security shall issue a final rule as a permanent regulation to implement this subsection in accordance with the provisions of chapter 5 of title 5.''; (iv) by striking paragraph (4); and (v) by redesignating paragraph (5) as paragraph (4); (G) in subsection (h)-- (i) in paragraph (1), by striking ``Under Secretary'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) in paragraph (2)-- (I) by striking ``Under Secretary'' the first place it appears and inserting ``Administrator of the Transportation Security Administration''; and (II) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; (H) in subsection (i)-- (i) in the matter preceding paragraph (1), by striking ``Under Secretary'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) in paragraph (2), by striking ``Under Secretary'' and inserting ``Administrator''; (I) in subsection (j)(1)-- (i) in the matter preceding subparagraph (A), by striking ``Before January 1, 2008, the'' and inserting ``The''; and (ii) in subparagraph (A), by striking ``the date of enactment of this subsection'' and inserting ``August 3, 2007''; (J) in subsection (k)-- (i) in paragraph (1), by striking ``Not later than one year after the date of enactment of this subsection, the'' and inserting ``The''; (ii) in paragraph (2), by striking ``Not later than 6 months after the date of enactment of this subsection, the'' and inserting ``The''; and (iii) in paragraph (3), by striking ``Not later than 180 days after the date of enactment of this subsection, the'' in paragraph (3) and inserting ``The''; and (K) in subsection (l)-- (i) in paragraph (2)-- (I) in the matter preceding subparagraph (A), by striking ``Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration)'' and inserting ``The Administrator of the Transportation Security Administration''; and (II) in subparagraph (B), by striking ``Assistant Secretary'' and inserting ``Administrator''; (ii) in paragraph (3)-- (I) in subparagraph (A)-- (aa) by striking ``Assistant Secretary'' the first place it appears and inserting ``Administrator of the Transportation Security Administration''; and (bb) by striking ``Assistant Secretary'' the second place it appears and inserting ``Administrator''; and (II) in subparagraph (B), by striking ``Assistant Secretary'' and inserting ``Administrator of the Transportation Security Administration''; and (iii) in paragraph (4)-- (I) in subparagraph (A)-- (aa) by striking ``60 days after the deadline specified in paragraph (2), and not later than''; (bb) by striking ``Assistant Secretary'' the first place it appears and inserting ``Administrator of the Transportation Security Administration''; and (cc) by striking ``Assistant Secretary'' the second place it appears and inserting ``Administrator''; and (II) in subparagraph (B), by striking ``Assistant Secretary'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (2) section 44902 is amended-- (A) in subsection (a), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (B) in subsection (b), by striking ``Under Secretary'' and inserting ``Administrator of the Transportation Security Administration''; [[Page S3840]] (3) section 44903 is amended-- (A) in subsection (a)-- (i) in the heading, by striking ``Definition'' and inserting ``Definitions''; (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (iii) in subparagraph (B), as redesignated, by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator''; (iv) in the matter preceding subparagraph (A), as redesignated, by striking ``In this section, `law enforcement personnel' means individuals--'' and inserting ``In this section:''; (v) by inserting before subparagraph (A), the following: ``(2) Law enforcement personnel.--The term `law enforcement personnel' means individuals--''; and (vi) by inserting before paragraph (2), as redesignated, the following: ``(1) Administrator.--The term `Administrator' means the Administrator of the Transportation Security Administration.''; (B) in subsection (d), by striking ``Secretary of Transportation'' and inserting ``Administrator''; (C) in subsection (g), by striking ``Under Secretary's'' each place it appears and inserting ``Administrator's''; (D) in subsection (h)-- (i) in paragraph (3), by striking ``Secretary'' and inserting ``Secretary of Homeland Security''; (ii) in paragraph (4)-- (I) in subparagraph (A), by striking ``, as soon as practicable after the date of enactment of this subsection,''; (II) in subparagraph (C), by striking ``section 44903(c)'' and inserting ``subsection (c)''; and (III) in subparagraph (E), by striking ``, not later than March 31, 2005,''; (iii) in paragraph (5), by striking ``Assistant Secretary of Homeland Security (Transportation Security Administration)'' and inserting ``Administrator''; (iv) in paragraph (6)(A)-- (I) in the matter preceding clause (i), by striking ``Not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the'' and inserting ``The''; and (II) in clause (i), by striking ``section'' and inserting ``paragraph''; and (v) in paragraph (6)(C), by striking ``Secretary'' and inserting ``Secretary of Homeland Security''; (E) in subsection (i)(3), by striking ``, after the date of enactment of this paragraph,''; (F) in subsection (j)-- (i) by amending paragraph (1) to read as follows: ``(1) In general.--The Administrator shall periodically recommend to airport operators commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons.''; (ii) in paragraph (2)-- (I) in the heading, by striking ``Computer-assisted passenger prescreening system'' and inserting ``Secure flight program''; (II) in subparagraph (A)-- (aa) by striking ``Computer-Assisted Passenger Prescreening System'' and inserting ``Secure Flight program''; (bb) by striking ``Secretary of Transportation'' and inserting ``Administrator''; and (cc) by striking ``system'' each place it appears and inserting ``program''; (III) in subparagraph (B)-- (aa) by striking ``Computer-Assisted Passenger Prescreening System'' and inserting ``Secure Flight program''; (bb) by striking ``Secretary of Transportation'' and inserting ``Administrator''; and (cc) by striking ``Secretary'' and inserting ``Administrator''; (IV) in subparagraph (C)-- (aa) in clause (i), by striking ``Not later than January 1, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration), or the designee of the Assistant Secretary,'' and inserting ``The Administrator''; (bb) in clause (ii), by striking ``Not later than 180 days after completion of testing under clause (i), the'' and inserting ``The''; and (cc) in clause (iv), by striking ``Not later than 180 days after'' and inserting ``After''; (V) in subparagraph (D), by striking ``Assistant Secretary of Homeland Security (Transportation Security Administration)'' and inserting ``Administrator''; (VI) in subparagraph (E)(i), by striking ``Not later than 90 days after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the'' and inserting ``The Administrator''; and (VII) by striking ``Assistant Secretary'' each place it appears and inserting ``Administrator''; (G) in subsection (l), by striking ``Under Secretary for Border and Transportation Security of the Department of Homeland Security'' and inserting ``Administrator''; (H) in subsection (m)-- (i) in paragraph (1), by striking ``Assistant Secretary of Homeland Security (Transportation Security Administration)'' and inserting ``Administrator''; and (ii) by striking ``Assistant Secretary'' each place it appears and inserting ``Administrator''; and (I) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; (4) section 44904 is amended-- (A) in subsection (a), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; (B) in subsection (c)-- (i) by striking ``section 114(t)(3)'' and inserting ``section 114(s)(3)''; and (ii) by striking ``section 114(t)'' and inserting ``section 114(s)''; (C) in subsection (d)-- (i) by striking ``Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration)'' and inserting ``The Administrator of the Transportation Security Administration''; and (ii) by striking ``section 114(t)(1)'' and inserting ``section 114(s)(1)''; and (D) by striking ``Under Secretary'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (5) section 44905 is amended-- (A) in subsection (a)-- (i) by striking ``Secretary of Transportation'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) by striking ``Secretary.'' and inserting ``Administrator.''; (B) in subsection (b), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (C) in subsections (c), (d), and (f), by striking ``Under Secretary'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (6) section 44906 is amended-- (A) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (B) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; (7) section 44908 is amended-- (A) by striking ``Secretary of Transportation'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (B) in subsection (a), by striking ``safety or''; and (C) in subsection (c), by striking ``The Secretary'' and inserting ``The Administrator''; (8) section 44909 is amended-- (A) in subsection (a)(1), by striking ``Not later than March 16, 1991, the'' and inserting ``The''; and (B) in subsection (c)-- (i) in paragraph (1), by striking ``Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, each'' and inserting ``Each''; (ii) in paragraphs (2)(F) and (5), by striking ``Under Secretary'' and inserting ``Administrator of the Transportation Security Administration''; and (iii) in paragraph (6)-- (I) in subparagraph (A), by striking ``Not later than 60 days after date of enactment of this paragraph, the'' and inserting ``The''; and (II) in subparagraph (B)(ii)-- (aa) by striking ``the Secretary will'' and inserting ``the Secretary of Homeland Security will''; and (bb) by striking ``the Secretary to'' and inserting ``the Secretary of Homeland Security to''; (9) section 44911 is amended-- (A) in subsection (b), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; (B) in subsection (d), by striking ``request of the Secretary'' and inserting ``request of the Secretary of Homeland Security''; and (C) in subsection (e)-- (i) by striking ``Secretary, and the Under Secretary'' and inserting ``Secretary of Homeland Security, and the Administrator of the Transportation Security Administration''; and (ii) by striking ``intelligence community and the Under Secretary'' and inserting ``intelligence community and the Administrator of the Transportation Security Administration''; (10) section 44912 is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator''; and (II) by striking ``, not later than November 16, 1993,''; and (ii) in paragraph (4)(C), by striking ``Research, Engineering and Development Advisory Committee'' and inserting ``Administrator''; (B) in subsection (c)-- (i) in paragraph (1), by striking ``, as a subcommittee of the Research, Engineering, and Development Advisory Committee,''; and (ii) in paragraph (4), by striking ``Not later than 90 days after the date of the enactment of the Aviation and Transportation Security Act, and every two years thereafter,'' and inserting ``Biennially,''; (C) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; and (D) by adding at the end the following: ``(d) Security and Research and Development Activities.-- [[Page S3841]] ``(1) In general.--The Administrator shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security. ``(2) Disclosure.-- ``(A) In general.--Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Homeland Security decides disclosing the information would-- ``(i) be an unwarranted invasion of personal privacy; ``(ii) reveal a trade secret or privileged or confidential commercial or financial information; or ``(iii) be detrimental to transportation safety. ``(B) Information to congress.--Subparagraph (A) does not authorize information to be withheld from a committee of Congress authorized to have the information. ``(C) Rule of construction.--Nothing in subparagraph (A) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)-- ``(i) to conceal a violation of law, inefficiency, or administrative error; ``(ii) to prevent embarrassment to a person, organization, or agency; ``(iii) to restrain competition; or ``(iv) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security. ``(D) Privacy act.--Section 552a of title 5 shall not apply to disclosures that the Administrator of the Transportation Security Administration may make from the systems of records of the Transportation Security Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties. ``(3) Transfers of duties and powers prohibited.--Except as otherwise provided by law, the Administrator may not transfer a duty or power under this section to another department, agency, or instrumentality of the United States Government. ``(e) Definition of Administrator.--In this section, the term `Administrator' means the Administrator of the Transportation Security Administration.''; (11) section 44913 is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration (referred to in this section as `the Administrator')''; (ii) by striking paragraph (2); (iii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (iv) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; and (B) in subsection (b), by striking ``Secretary of Transportation'' and inserting ``Administrator''; (12) section 44914 is amended-- (A) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; (B) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''; and (C) by inserting ``the Department of Transportation,'' before ``air carriers, airport authorities, and others''; (13) section 44915 is amended by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; (14) section 44916 is amended-- (A) in subsection (a), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (B) in subsection (b)-- (i) by striking ``Under Secretary'' the first place it appears and inserting ``Administrator of the Transportation Security Administration''; and (ii) by striking ``Under Secretary'' the second place it appears and inserting ``Administrator''; (15) section 44917 is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) in paragraph (2), by striking ``by the Secretary''; (B) in subsection (d)-- (i) in paragraph (1), by striking ``Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security'' and inserting ``Administrator of the Transportation Security Administration''; and (ii) in paragraph (3), by striking ``Assistant Secretary'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (16) section 44918 is amended-- (A) in subsection (a)-- (i) in paragraph (2)(E), by striking ``Under Secretary for Border and Transportation Security of the Department of Homeland Security'' and inserting ``Administrator of the Transportation Security Administration''; (ii) in paragraph (4), by striking ``Not later than one year after the date of enactment of the Vision 100--Century of Aviation Reauthorization Act, the'' and inserting ``The''; and (iii) in paragraph (5), by striking ``the date of enactment of the Vision 100--Century of Aviation Reauthorization Act'' and inserting ``December 12, 2003,''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``Not later than one year after the date of enactment of the Vision 100--Century of Aviation Reauthorization Act, the'' and inserting ``The''; and (ii) in paragraph (6), by striking ``Federal Air Marshals Service'' and inserting ``Federal Air Marshal Service''; and (C) by striking ``Under Secretary'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (17) section 44920 is amended-- (A) in subsection (g)(1), by striking ``subsection (a) or section 44919'' and inserting ``subsection (a)''; and (B) by adding at the end the following: ``(i) Definition of Administrator.--In this section, the term `Administrator' means the Administrator of the Transportation Security Administration.''; (18) section 44922 is amended-- (A) in the heading, by striking ``Deputation'' and inserting ``Deputization''; (B) in subsection (a)-- (i) in the heading, by striking ``Deputation'' and inserting ``Deputization''; and (ii) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; (C) in subsection (e), by striking ``deputation'' and inserting ``deputization''; and (D) by striking ``Under Secretary'' each place it appears and inserting ``Administrator of the Transportation Security Administration''; (19) section 44923 is amended-- (A) in subsection (a), by striking ``Under Secretary for Border and Transportation Security of the Department of Homeland Security'' and inserting ``Administrator of the Transportation Security Administration''; (B) by striking ``Under Secretary'' each place it appears and inserting ``Administra