TEXT OF AMENDMENTS; Congressional Record Vol. 164, No. 96
(Senate - June 11, 2018)

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[Pages S3611-S3727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2579. Mr. RISCH 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 of subtitle I of title VIII, add the following:

     SEC. 896. DUTIES OF SMALL BUSINESS DEVELOPMENT CENTER 
                   COUNSELORS.

       (a) Cyber Training.--Section 21 of the Small Business Act 
     (15 U.S.C. 648) is amended by adding at the end the 
     following:
       ``(o) Cyber Strategy Training for Small Business 
     Development Centers.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `cyber strategy' means resources and tactics 
     to assist in planning for cybersecurity and defending against 
     cyber risks and attacks; and
       ``(B) the term `lead small business development center' 
     means a small business development center that has received a 
     grant from the Administration.
       ``(2) Certification program.--The Administrator shall 
     establish a cyber counseling program, or designate an 
     existing program, under which the Administrator may certify 
     the employees of lead small business development centers in 
     providing cyber planning assistance to small business 
     concerns.
       ``(3) Number of certified employees.--The Administrator 
     shall ensure that the number of employees of each lead small 
     business development center who are certified in providing 
     cyber assistance is not less than the lesser of--
       ``(A) 5; or
       ``(B) 10 percent of the total number of employees of the 
     lead small business development center.
       ``(4) Cyber strategy.--In carrying out paragraph (2), the 
     Administrator, to the extent practicable, shall consider any 
     cyber strategy methods included in the Small Business 
     Development Center Cyber Strategy developed under section 
     1841(a)(3)(B) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2662).
       ``(5) Reimbursement for certification.--
       ``(A) In general.--Subject to the availability of 
     appropriations, the Administrator shall reimburse a lead 
     small business development center for costs relating to the 
     certification of an employee of the lead small business 
     center in providing cyber planning assistance under the 
     program established under paragraph (2).
       ``(B) Limitation.--The total amount reimbursed by the 
     Administrator under subparagraph (A) may not exceed $350,000 
     in any fiscal year.''.
       (b) Implementation.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator of the Small 
     Business Administration shall implement paragraphs (2), (3), 
     and (4) of section 21(o) of the Small Business Act, as added 
     by subsection (a).
                                 ______
                                 
  SA 2580. Mr. RISCH (for himself and Mr. Coons) 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. SCORE PROGRAM.

       (a) Reauthorization.--Section 20 of the Small Business Act 
     (15 U.S.C. 631 note) is amended--
       (1) by redesignating subsection (j) as subsection (f); and
       (2) by adding at the end the following:
       ``(g) SCORE Program.--There are authorized to be 
     appropriated to the Administrator to carry out the SCORE 
     program authorized by section 8(b)(1) such sums as are 
     necessary for the Administrator to make grants or enter into 
     cooperative agreements in a total amount that does not exceed 
     $13,500,000 in each of fiscal years 2019, 2020, and 2021.''.
       (b) Additional Amendments.--
       (1) In general.--Section 8 of the Small Business Act (15 
     U.S.C. 637) is amended--
       (A) in subsection (b)(1)(B), by striking ``a Service Corps 
     of Retired Executives (SCORE)'' and inserting ``the SCORE 
     program described in subsection (c)''; and
       (B) by striking subsection (c) and inserting the following:
       ``(c) SCORE Program.--
       ``(1) Definition.--In this subsection, the term `SCORE 
     program' means the SCORE program authorized by subsection 
     (b)(1)(B).
       ``(2) Volunteers.--A volunteer participating in the SCORE 
     program shall--
       ``(A) based on the business experience and knowledge of the 
     volunteer--
       ``(i) provide at no cost to individuals who own, or aspire 
     to own, small business concerns personal counseling, 
     mentoring, and coaching relating to the process of starting, 
     expanding, managing, buying, and selling a business; and
       ``(ii) facilitate low-cost education workshops for 
     individuals who own, or aspire to own, small business 
     concerns; and
       ``(B) as appropriate, use tools, resources, and expertise 
     of other organizations to carry out the SCORE program.

[[Page S3612]]

       ``(3) Plans and goals.--The Administrator, in consultation 
     with the SCORE Association, shall ensure that the SCORE 
     program and each chapter of the SCORE program develop and 
     implement plans and goals to more effectively and efficiently 
     provide services to individuals in rural areas, economically 
     disadvantaged communities, and other traditionally 
     underserved communities, including plans for electronic 
     initiatives, web-based initiatives, chapter expansion, 
     partnerships, and the development of new skills by volunteers 
     participating in the SCORE program.
       ``(4) Annual report.--The SCORE Association shall submit to 
     the Administrator an annual report that contains--
       ``(A) the number of individuals counseled or trained under 
     the SCORE program;
       ``(B) the number of hours of counseling provided under the 
     SCORE program; and
       ``(C) to the extent possible--
       ``(i) the number of small business concerns formed with 
     assistance from the SCORE program;
       ``(ii) the number of small business concerns expanded with 
     assistance from the SCORE program; and
       ``(iii) the number of jobs created with assistance from the 
     SCORE program.
       ``(5) Privacy requirements.--
       ``(A) In general.--Neither the Administrator nor the SCORE 
     Association may disclose the name, address, or telephone 
     number of any individual or small business concern receiving 
     assistance from the SCORE Association without the consent of 
     such individual or small business concern, unless--
       ``(i) the Administrator is ordered to make such a 
     disclosure by a court in any civil or criminal enforcement 
     action initiated by a Federal or State agency; or
       ``(ii) the Administrator determines such a disclosure to be 
     necessary for the purpose of conducting a financial audit of 
     the SCORE program, in which case disclosure shall be limited 
     to the information necessary for the audit.
       ``(B) Administrator use of information.--This paragraph 
     shall not--
       ``(i) restrict the access of the Administrator to program 
     activity data; or
       ``(ii) prevent the Administrator from using client 
     information to conduct client surveys.
       ``(C) Regulations.--
       ``(i) In general.--The Administrator shall issue 
     regulations to establish standards for--

       ``(I) disclosures with respect to financial audits under 
     subparagraph (A)(ii); and
       ``(II) conducting client surveys, including standards for 
     oversight of the surveys and for dissemination and use of 
     client information.

       ``(ii) Maximum privacy protection.--The regulations issued 
     under this subparagraph shall, to the extent practicable, 
     provide for the maximum amount of privacy protection.''.
       (2) Offset.--In carrying out the Entrepreneurship Education 
     Program during each of fiscal years 2019, 2020, and 2021, the 
     Administrator of the Small Business Administration may not 
     obligate more than $7,000,000.
       (c) Technical and Conforming Amendments.--
       (1) Small business act.--The Small Business Act (15 U.S.C. 
     631 et seq.) is amended--
       (A) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 
     636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of 
     Retired Executives'' and inserting ``SCORE program''; and
       (B) in section 22 (15 U.S.C. 649)--
       (i) in subsection (b)--

       (I) in paragraph (1), by striking ``Service Corps of 
     Retired Executives'' and inserting ``SCORE program''; and
       (II) in paragraph (3), by striking ``Service Corps of 
     Retired Executives'' and inserting ``SCORE program''; and

       (ii) in subsection (c)(12), by striking ``Service Corps of 
     Retired Executives'' and inserting ``SCORE program''.
       (2) Other laws.--
       (A) Section 621 of the Children's Health Insurance Program 
     Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--
       (i) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) the term `SCORE program' means the SCORE program 
     authorized by section 8(b)(1)(B) of the Small Business Act 
     (15 U.S.C. 637(b)(1)(B));''; and
       (ii) in subsection (b)(4)(A)(iv), by striking ``Service 
     Corps of Retired Executives'' and inserting ``SCORE 
     program''.
       (B) Section 337(d)(2)(A) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by 
     striking ``Service Corps of Retired Executives (SCORE)'' and 
     inserting ``SCORE program''.
                                 ______
                                 
  SA 2581. Mr. RISCH (for himself and Mrs. Gillibrand) 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 of subtitle F of title X, add the following:

     SEC. ___. PILOT EXTENSIONS AND REPORTING COMPLIANCE; PILOT 
                   PROGRAM.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended--
       (1) in subsection (cc), by striking ``2017'' and inserting 
     ``2019'';
       (2) in subsection (gg)(7), by striking ``2017'' and 
     inserting ``2019'';
       (3) in subsection (jj)(7), by striking ``2017'' and 
     inserting ``2019'';
       (4) in subsection (mm)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``2017'' and inserting ``2019'';
       (B) in subparagraph (I), by striking ``and'' at the end;
       (C) in subparagraph (J), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(K) funding for improvements that increase commonality 
     across data systems, reduce redundancy, and improve data 
     oversight and accuracy.''; and
       (5) by adding at the end the following:
       ``(tt) Outstanding Reports and Evaluations.--
       ``(1) In general.--Not later than March 30, 2019, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate, the Committee on Small 
     Business of the House of Representatives, and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives--
       ``(A) each report, evaluation, or analysis, as applicable, 
     described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), 
     (gg)(6), (jj)(6), and (mm)(6); and
       ``(B) metrics regarding, and an evaluation of, the 
     authority provided to the National Institutes of Health, the 
     Department of Defense, and the Department of Education under 
     subsection (cc).
       ``(2) Information required.--Not later than December 31, 
     2018, the head of each agency that is responsible for 
     carrying out a provision described in subparagraph (A) or (B) 
     of paragraph (1) shall submit to the Administrator any 
     information that is necessary for the Administrator to carry 
     out the responsibilities of the Administrator under that 
     paragraph.''.
                                 ______
                                 
  SA 2582. Mr. RISCH 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 of subtitle I of title VIII, add the following:

     SEC. 896. ENHANCED CYBERSECURITY ASSISTANCE AND PROTECTIONS 
                   FOR SMALL BUSINESSES.

       Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) 
     is amended by adding at the end the following:
       ``(9) Small business cybersecurity assistance and 
     protections.--
       ``(A) Establishment of small business cybersecurity 
     assistance units.--The Administrator, in coordination with 
     the Secretary of Commerce, and in consultation with the 
     Secretary of Homeland Security and the Attorney General, 
     shall establish--
       ``(i) in the Administration, a central small business 
     cybersecurity assistance unit; and
       ``(ii) within each small business development center, a 
     regional small business cybersecurity assistance unit.
       ``(B) Duties of the central small business cybersecurity 
     assistance unit.--
       ``(i) In general.--The central small business cybersecurity 
     assistance unit established under subparagraph (A)(i) shall 
     serve as the primary interface for small business concerns to 
     receive and share cyber threat indicators and defensive 
     measures with the Federal Government.
       ``(ii) Use of capability and process.--The central small 
     business cybersecurity assistance unit shall use the 
     capability and process certified pursuant to section 
     105(c)(2)(A) of the Cybersecurity Information Sharing Act of 
     2015 (6 U.S.C. 1504(c)(2)(A)) to receive cyber threat 
     indicators or defensive measures from small business 
     concerns.
       ``(iii) Application of cisa.--A small business concern that 
     receives or shares cyber threat indicators and defensive 
     measures with the Federal Government through the central 
     small business cybersecurity assistance unit established 
     under subparagraph (A)(i), or with any appropriate entity 
     pursuant to section 104(c) of the Cybersecurity Information 
     Sharing Act of 2015 (6 U.S.C. 1503(c)), shall receive the 
     protections and exemptions provided in such Act and this 
     paragraph.
       ``(C) Relation to nccic.--
       ``(i) Central small business cybersecurity assistance 
     unit.--The central small business cybersecurity assistance 
     unit established under subparagraph (A)(i) shall be 
     collocated with the national cybersecurity and communications 
     integration center.
       ``(ii) Access to information.--The national cybersecurity 
     and communications integration center shall have access to 
     all cyber threat indicators or defensive measures shared with 
     the central small cybersecurity assistance unit established 
     under subparagraph (A)(i) through the use of the capability 
     and process described in subparagraph (B)(ii).
       ``(D) Cybersecurity assistance for small businesses.--The 
     central small business cybersecurity assistance unit 
     established under subparagraph (A)(i) shall--

[[Page S3613]]

       ``(i) work with each regional small business cybersecurity 
     assistance unit established under subparagraph (A)(ii) to 
     provide cybersecurity assistance to small business concerns;
       ``(ii) leverage resources from the Administration, the 
     Department of Commerce, the Department of Homeland Security, 
     the Department of Justice, the Department of the Treasury, 
     the Department of State, and any other Federal department or 
     agency the Administrator determines appropriate, in order to 
     help improve the cybersecurity posture of small business 
     concerns;
       ``(iii) coordinate with the Department of Homeland Security 
     to identify and disseminate information to small business 
     concerns in a form that is accessible and actionable by small 
     business concerns;
       ``(iv) coordinate with the National Institute of Standards 
     and Technology to identify and disseminate information to 
     small business concerns on the most cost-effective methods 
     for implementing elements of the cybersecurity framework of 
     the National Institute of Standards and Technology applicable 
     to improving the cybersecurity posture of small business 
     concerns;
       ``(v) seek input from the Office of Advocacy of the 
     Administration to ensure that any policies or procedures 
     adopted by any department, agency, or instrumentality of the 
     Federal Government do not unduly add regulatory burdens to 
     small business concerns in a manner that will hamper the 
     improvement of the cybersecurity posture of those small 
     business concerns; and
       ``(vi) leverage resources and relationships with 
     representatives and entities involved in the national 
     cybersecurity and communications integration center to 
     publicize the capacity of the Federal Government to assist 
     small business concerns in improving cybersecurity practices.
       ``(E) Enhanced cybersecurity protections for small 
     businesses.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, no cause of action shall lie or be maintained in any 
     court against any small business concern, and such action 
     shall be promptly dismissed, if such action is related to or 
     arises out of--

       ``(I) any activity authorized under this paragraph or the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 
     et seq.); or
       ``(II) any action or inaction in response to any cyber 
     threat indicator, defensive measure, or other information 
     shared or received pursuant to this paragraph or the 
     Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 
     et seq.).

       ``(ii) Application.--The exception provided in section 
     105(d)(5)(D)(ii)(I) of the Cybersecurity Information Sharing 
     Act of 2015 (6 U.S.C. 1504(d)(5)(D)(ii)(I)) shall not apply 
     to any cyber threat indicator or defensive measure shared or 
     received by small business concerns pursuant to this 
     paragraph or the Cybersecurity Information Sharing Act of 
     2015 (6 U.S.C. 1501 et seq.).
       ``(iii) Rule of construction.--Nothing in this subparagraph 
     shall be construed to affect the applicability or merits of 
     any defense, motion, or argument in any cause of action in a 
     court brought against an entity that is not a small business 
     concern.
       ``(F) Definitions.--In this paragraph:
       ``(i) CISA definitions.--The terms `cyber threat indicator' 
     and `defensive measure' have the meanings given those terms 
     in section 102 of the Cybersecurity Information Sharing Act 
     of 2015 (6 U.S.C. 1501).
       ``(ii) National cybersecurity and communications 
     integration center.--The term `national cybersecurity and 
     communications integration center' means the national 
     cybersecurity and communications integration center 
     established under section 227 of the Homeland Security Act of 
     2002 (6 U.S.C. 148).''.
        (a) Prohibition on New Appropriations.--
       (1) In general.--No additional funds are authorized to be 
     appropriated to carry out this section and the amendments 
     made by this section.
       (2) Existing funding.--This section and the amendments made 
     by this section shall be carried out using amounts made 
     available under section 21(a)(4)(C)(viii) of the Small 
     Business Act (15 U.S.C. 648(a)(4)(C)(viii)).
       (3) Technical and conforming amendment.--Section 
     21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C. 
     648(a)(4)(C)(viii)) is amended to read as follows:
       ``(viii) Limitation.--

       ``(I) Cybersecurity assistance.--From the funds 
     appropriated pursuant to clause (vii), the Administration 
     shall reserve not less than $1,000,000 in each fiscal year to 
     develop cybersecurity assistance units at small business 
     development centers under paragraph (9).
       ``(II) Portable assistance.--

       ``(aa) In general.--Any funds appropriated pursuant to 
     clause (vii) that are remaining after reserving amounts under 
     subclause (I) may be used for portable assistance for startup 
     and sustainability non-matching grant programs to be 
     conducted by eligible small business development centers in 
     communities that are economically challenged as a result of a 
     business or government facility down sizing or closing, which 
     has resulted in the loss of jobs or small business 
     instability.
       ``(bb) Grant amount and use.--A non-matching grant under 
     this clause shall not exceed $100,000, and shall be used for 
     small business development center personnel expenses and 
     related small business programs and services.''.
                                 ______
                                 
  SA 2583. Mr. CASSIDY 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 of subtitle F of title X, add the following:

     SEC. ___. DISCLOSURE TO INVESTORS OF FAILURE OF ACCOUNTING 
                   FIRMS TO COMPLY WITH PCAOB REQUIREMENTS.

       (a) Definitions.--In this section--
       (1) the term ``Board'' means the Public Company Accounting 
     Oversight Board established under section 101 of the 
     Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211);
       (2) the term ``Commission'' means the Securities and 
     Exchange Commission;
       (3) the term ``covered issuer'' means a foreign issuer that 
     is listed on a national securities exchange;
       (4) the term ``Form 10-K'' means the form described in 
     section 249.310 of title 17, Code of Federal Regulations, or 
     any successor regulation;
       (5) the term ``Form 10-Q'' means the form described in 
     section 249.308a of title 17, Code of Federal Regulations, or 
     any successor regulation;
       (6) the term ``Form 20-F'' means the form described in 
     section 249.220f of title 17, Code of Federal Regulations, or 
     any successor regulation;
       (7) the term ``issuer'' has the meaning given the term in 
     section 3(a) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78c(a)); and
       (8) the term ``registered public accounting firm'' has the 
     meaning given the term in section 2(a) of the Sarbanes-Oxley 
     Act of 2002 (15 U.S.C. 7201(a)).
       (b) Disclosure Requirement.--
       (1) In general.--If a registered public accounting firm 
     that prepares or issues an audit report for a covered issuer 
     fails to provide the Board with any documentation requested 
     by the Board with respect to that preparation or issuance, as 
     applicable--
       (A) the Board shall notify the Commission with respect to 
     that failure of the registered public accounting firm;
       (B) upon receipt of the notification from the Board under 
     subparagraph (A), the Commission shall notify the covered 
     issuer--
       (i) with respect to that failure of the registered public 
     accounting firm; and
       (ii) subject to paragraph (2) and subsection (c), that the 
     covered issuer shall, in any required public disclosure 
     document, including Form 20-F, Form 10-K, any proxy 
     materials, and Form 10-Q, notify investors regarding that 
     failure of the registered public accounting firm; and
       (C) after the date on which the registered public 
     accounting firm provides the Board with the documentation 
     requested by the Board--
       (i) the Board shall notify the Commission that the 
     registered public accounting firm has complied with the 
     request of the Board; and
       (ii) upon receipt of the notification from the Board under 
     clause (i), the Commission shall notify the covered issuer 
     that the registered public accounting firm has complied with 
     the request of the Board.
       (2) Period of applicability.--The requirement under 
     paragraph (1)(B)(ii) with respect to a covered issuer shall 
     apply during the period beginning on the date on which the 
     covered issuer receives notice from the Commission under 
     paragraph (1)(B)(i) and ending on the date on which the 
     covered issuer receives notice from the Commission under 
     paragraph (1)(C)(ii).
       (c) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Commission, in consultation with 
     the Board, shall promulgate a rule that, with respect to a 
     covered issuer that is subject to the notification 
     requirement under subsection (b)(1)(B)(ii), directs the 
     covered issuer regarding--
       (1) in which materials, in addition to the materials 
     described in that subsection, the covered issuer is required 
     to provide the notification; and
       (2) the information that the covered issuer is required to 
     provide with respect to each such notification.
                                 ______
                                 
  SA 2584. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 X, add the following:

     SEC. 1052. REPORT ON MODERNIZATION OF LIGHT INFANTRY COMBAT 
                   FORCES.

       (a) Report Required.--Not later than January 31, 2019, the 
     Secretary of the Army shall, in consultation with the 
     Commandant of the Marine Corps, submit to the congressional 
     defense committees a report on the

[[Page S3614]]

     strategy of the Department of Defense for modernizing and 
     upgrading weapon systems, armor, and equipment for light 
     infantry combat forces.
       (b) Elements.--The report under subsection (a) shall 
     include description of the following in connection with the 
     strategy described in that subsection:
       (1) Investments to upgrade weapon systems designed to 
     support light infantry combat units, including to reduce the 
     weight of weapons, munitions, and ammunition carried by such 
     forces.
       (2) Initiatives to upgrade or improve equipment and armor 
     technology for soldier systems, including to improve mobile 
     power generation technologies.
       (3) Initiatives to upgrade ground vehicle platforms 
     designed to transport light infantry combat forces.
       (c) Strategic Planning.--The report under subsection (a) 
     shall include strategic planning to do the following:
       (1) Improve the lethality of light infantry combat units at 
     the small unit level, focused on the current and potential 
     threat environments as determined the Secretary.
       (2) Invest in research, development, and prototyping of 
     technologies designed to reduce the amount of time close 
     combat infantry forces spend on non-combat related tasks 
     while in a combat zone, including investments in technologies 
     that aid units in reducing the time and personnel required to 
     construct defensive positions.
       (d) Unclassified Form.--The report under subsection (a) 
     shall be submitted in unclassified form.
                                 ______
                                 
  SA 2585. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 111.
                                 ______
                                 
  SA 2586. Mr. YOUNG submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 I, add the following:

     SEC. 112. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT 
                   REPORT.

       (a) In General.--Section 10541(b) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(10) An assessment by the Secretary of the Army, in 
     coordination with the Chief of the National Guard Bureau, on 
     the efforts of the Army to address any inventory or readiness 
     shortfalls in the Army Reserve and the Army National Guard 
     with respect to high priority items of equipment, including--
       ``(A) AH-64 Attack Helicopters;
       ``(B) UH-60 Black Hawk Utility Helicopters;
       ``(C) Abrams Main Battle Tanks;
       ``(D) Bradley Infantry Fighting Vehicles;
       ``(E) Stryker Combat Vehicles; and
       ``(F) any other items of equipment identified as high 
     priority by the Chief of Staff of the Army or the Chief of 
     the National Guard Bureau.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to reports required to be submitted 
     under section 10541 of title 10, United States Code, after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 2587. Mr. ENZI (for himself, Mr. Cardin, and Mrs. Fischer) 
submitted an amendment intended to be proposed to amendment SA 2282 
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be 
proposed 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. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS OF 
                   THE DEPARTMENT OF DEFENSE.

       Section 2307(a) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``The head of any agency may--'' and 
     inserting ``(1) The head of any agency may''; and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) For a prime contractor (as defined in section 8701 
     of title 41) that is a small business concern (as defined in 
     section 3 of the Small Business Act (15 U.S.C. 632)), the 
     Secretary of Defense shall, to the fullest extent permitted 
     by law, establish an accelerated payment date with a goal of 
     20 days after receipt of a proper invoice for the amount due 
     if a specific payment date is not established by contract.
       ``(B) For a prime contractor that subcontracts with a small 
     business concern, the Secretary of Defense shall, to the 
     fullest extent permitted by law, establish an accelerated 
     payment date with a goal of 20 days after receipt of a proper 
     invoice for the amount due if--
       ``(i) a specific payment date is not established by 
     contract; and
       ``(ii) the prime contractor agrees to make payments to the 
     subcontractor in accordance with the accelerated payment 
     date, to the maximum extent practicable, without any further 
     consideration from or fees charged to the subcontractor.
       ``(C) For a prime contractor that subcontracts with a small 
     business concern, the Secretary of Defense may, to the 
     fullest extent permitted by law, establish incentives to 
     promote the accelerated payments to the subcontractor in 
     accordance with the accelerated payment date.''.
                                 ______
                                 
  SA 2588. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 in title XII, insert the 
     following:

     SEC. 2282. REPORT ON DEFENSE SECURITY COOPERATION AGENCY 
                   MANAGEMENT OF FOREIGN MILITARY SALES OVERHEAD 
                   ACCOUNTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Deputy Assistant Secretary of 
     Defense for Security Cooperation shall submit to the 
     appropriate congressional committees a report on Defense 
     Security Cooperation Agency management of Foreign Military 
     Sales (FMS) overhead accounts.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An analysis of the appropriate upper limit for 
     administrative and contract administration services (CAS) 
     accounts.
       (2) An assessment of the amounts available for transfer 
     above the safety level in the administrative and CAS 
     accounts.
       (3) An assessment and prioritization of activities or 
     programs that could improve the efficiency of the FMS 
     process, including increased training for or expansion of the 
     FMS workforce, using such funds available for transfer.
       (4) A description of the total workforce requirements 
     necessary to manage the Foreign Military Sales process, 
     including Federal civilians, members of the Armed Forces, and 
     contractor full time equivalents (FTEs).
       (5) Information on how much each component costs per year, 
     which shall be included in congressional budget justification 
     documents.
       (6) An examination of whether an increased diversity of FMS 
     administrative and CAS fee type and size might better align 
     with the preferences of different buyers.
       (7) A comparison of how the analysis used to generate 
     safety levels for the administrative and CAS accounts is 
     different from best practices used to generate safety levels 
     for other Federal trust funds of similar type and size.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees;
       (2) the Committee on Foreign Relations and the Committee on 
     the Budget of the Senate; and
       (3) the Committee on Foreign Affairs and the Committee on 
     the Budget of the House of Representatives.
                                 ______
                                 
  SA 2589. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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:

[[Page S3615]]

  


     SEC. 896. ADVANCED HELICOPTER TRAINING SYSTEM.

       In developing the requirements for the Navy's Advanced 
     Helicopter Training System, the Secretary of the Navy shall 
     take into consideration--
       (1) the projected cost and schedule impacts of any 
     development or non-developmental integration requirements;
       (2) the level to which the new training system will enhance 
     the transition to current Navy advance aircraft and any next 
     generation Future Vertical Lift aircraft technologies and 
     capabilities;
       (3) the efficiencies and cost benefits provided by the 
     capability to replicate advanced training tasks on a primary 
     trainer;
       (4) the safety, efficiency, and quality benefits of a 
     training aircraft with flight and cockpit characteristics 
     that are representative of the more complex fleet 
     helicopters; and
       (5) the trends and best practices learned by other United 
     States and international military training programs.
                                 ______
                                 
  SA 2590. Mr. CORNYN (for himself, Mr. Blumenthal, Mr. Hatch, Mr. 
Portman, Mr. Cruz, Mr. Coons, Mr. Rubio, and Mr. Warner) 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. ___. REPORT ON AIRPORTS USED BY MAHAN AIR.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2021, the Secretary of Homeland Security, in consultation 
     with the Secretary of Transportation, the Secretary of State, 
     the Secretary of the Treasury, and the Director of National 
     Intelligence, shall submit to Congress a report that 
     includes--
       (1) a list of all airports at which aircraft owned or 
     controlled by Mahan Air have landed during the 2 years 
     preceding the submission of the report; and
       (2) for each such airport--
       (A) an assessment of whether aircraft owned or controlled 
     by Mahan Air continue to conduct operations at that airport;
       (B) an assessment of whether any of the landings of 
     aircraft owned or controlled by Mahan Air were necessitated 
     by an emergency situation;
       (C) a determination regarding whether additional security 
     measures should be imposed on flights to the United States 
     that originate from that airport; and
       (D) an explanation of the rationale for that determination.
       (b) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Publication of List.--The list required by subsection 
     (a)(1) shall be publicly and prominently posted on the 
     website of the Department of Homeland Security on the date on 
     which the report required by subsection (a) is submitted to 
     Congress.
                                 ______
                                 
  SA 2591. Mr. CORNYN 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 in title II, insert the following:

     SEC. ___. ACADEMIC COUNTER EXPLOITATION WORKING GROUP.

       (a) Establishment.--
       (1) In general.--The Secretary of Defense and the Director 
     of the Federal Bureau of Investigation, in consultation with 
     the Director of the Defense Security Service and the 
     Secretary of Homeland Security, shall establish a working 
     group to develop best practices and provide guidelines for 
     tier I research institutions of higher education--
       (A) to identify threats to sensitive research and 
     technology from foreign nationals who study, research, or 
     teach at such institutions;
       (B) to limit or prohibit access to such research and 
     technology by such foreign nationals; and
       (C) to prevent the unlawful transfer of such research and 
     technology to such foreign nationals.
       (2) Designation.--The working group established under 
     paragraph (1) shall be known as the ``Academic Counter 
     Exploitation Working Group'' (in this section the ``Working 
     Group'').
       (b) Composition.--
       (1) In general.--The Working Group shall be composed of the 
     following:
       (A) The Secretary of Defense.
       (B) The Director of the Federal Bureau of Investigation.
       (C) The chief research security officers and chief 
     information security officers from such tier I research 
     institutions of higher learning as the Secretary of Defense, 
     in consultation with the Secretary of Homeland Security, 
     shall select for purposes of this section.
       (2) Requirements.--In selecting research institutions of 
     higher education under this subsection, the Secretary of 
     Defense and the Secretary of Homeland Security shall jointly 
     select institutions of higher education that the Secretaries 
     determine demonstrate a record of excellence in industrial 
     security and counterintelligence in academia and in research 
     and development.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Working Group shall submit to 
     the appropriate committees of Congress a report on the 
     activities of the Working Group.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the activities conducted and the 
     progress made by the Working Group.
       (B) The findings of the Working Group.
       (C) Such recommendations as the Working Group may have for 
     legislative or administrative action.
       (D) Identification and discussion of the gaps in legal 
     authorities that need to be improve to enhance the security 
     of tier I research institutions of higher education.
       (E) A description of the actions taken by such institutions 
     to comply with the best practices and guidelines established 
     by the Working Group.
       (3) Form.--The report submitted under paragraph (1) shall 
     be submitted in classified form.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, Permanent Select 
     Committee on Intelligence, and the Committee on Homeland 
     Security of the House of Representatives.
       (2) 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).
       (3) The term ``tier I'' with respect to an institution of 
     higher education means the institution of higher education 
     has the highest research activity, as defined by the Carnegie 
     Classification of Institutions of Higher Education.
                                 ______
                                 
  SA 2592. Mr. CORNYN 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 in title X, insert the following:

     SEC. ___. INVESTMENT OF ASSETS OF JAMES MADISON MEMORIAL 
                   FELLOWSHIP TRUST FUND.

       Subsection (b) of section 811 of the James Madison Memorial 
     Fellowship Act (20 U.S.C. 4510) is amended to read as 
     follows:
       ``(b)(1) It shall be the duty of the Secretary of the 
     Treasury to invest in full the amounts appropriated to the 
     fund.
       ``(2) Subject to paragraph (3), investments of amounts 
     appropriated to the fund shall be made in public debt 
     securities of the United States with maturities suitable to 
     the fund. For such purpose, such obligations may be acquired 
     (A) on original issue at the issue price, or (B) by purchase 
     of outstanding obligations at the market price. The purposes 
     for which obligations of the United States may be issued 
     under chapter 31 of title 31, United States Code, are hereby 
     extended to authorize the issuance at par of special 
     obligations exclusively to the fund. Such special obligations 
     shall bear interest at a rate equal to the average rate of 
     interest, computed as to the end of the calendar month next 
     preceding the date of such issue, borne by all marketable 
     interest-bearing obligations of the United States then 
     forming a part of the public debt, except that where such 
     average rate is not a multiple of \1/8\ of 1 percent, the 
     rate of interest of such special obligations shall be the 
     multiple of \1/8\ of 1 percent next lower than such average 
     rate. Such special obligations shall be issued only if the 
     Secretary determines that the purchases of other interest-
     bearing obligations of the United States, or of obligations 
     guaranteed as to both principal and interest by the United 
     States or original issue or at the market price, is not in 
     the public interest.
       ``(3)(A) Notwithstanding paragraph (2), upon receiving a 
     determination of the Board described in subparagraph (B), the 
     Secretary shall invest up to 40 percent of the fund's assets 
     in securities other than public debt securities of the United 
     States, provided that the securities are traded in 
     established United States markets.
       ``(B) A determination described in this subparagraph is a 
     determination by the Board that investments as described in 
     subparagraph (A) are necessary to enable the Foundation to 
     carry out the purposes of this title without any diminution 
     of the number of fellowships provided under section 804.
       ``(C) Nothing in this paragraph shall be construed to limit 
     the authority of the

[[Page S3616]]

     Board to increase the number of fellowships provided under 
     section 804, or to increase the amount of the fellowship 
     authorized by section 809, as the Board considers appropriate 
     and is otherwise consistent with the requirements of this 
     title.''.
                                 ______
                                 
  SA 2593. Mr. CORNYN (for himself and Ms. Cortez Masto) 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 of subtitle D of title III, add the following:

     SEC. 340. AUTHORITY TO ENTER INTO A CONTRACT FOR CONTRACTED 
                   ADVERSARY AIR AND CONTRACTED CLOSE AIR SUPPORT.

       In accordance with section 2401 of title 10, United States 
     Code, the Secretaries of the military departments are 
     authorized to enter into long-term contracts for contracted 
     Adversary Air and Contracted Close Air Support to provide for 
     the training of military personnel. The notification and 
     certification requirements of subsection (b) of such section 
     do not apply to contracted Adversary Air and Contracted Close 
     Air Support training services authorized under this section. 
     This section shall be effective beginning with fiscal year 
     2019.
                                 ______
                                 
  SA 2594. Mr. CORNYN (for himself and Mr. King) 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 of subtitle E of title X, add the following:

     SEC. 1052. ANNUAL REPORTS ON DISPOSITION OF FELONY OFFENSES 
                   COMMITTED BY JUVENILES ON MILITARY 
                   INSTALLATIONS.

       (a) Annual Reports Required.--Not later than March 31 each 
     year, each Secretary concerned shall submit to Congress a 
     report on the disposition of alleged felony offenses 
     committed by juveniles on military installations under the 
     control of such Secretary, including installations in foreign 
     countries, during the previous calendar year.
       (b) Elements.--Each report under this section shall 
     include, for the calendar year covered by such report, a list 
     of the alleged felony offenses committed by juveniles on 
     military installations under the control of the Secretary, 
     aggregated by installation, and with the information for each 
     alleged offense as follows:
       (1) Nature of the alleged offense.
       (2) Age and other appropriate data on the alleged offender, 
     including the connection, if any, of the alleged offender to 
     the Armed Forces.
       (3) Age and other appropriate data on each victim, 
     including the connection, if any, of such victim to the Armed 
     Forces.
       (4) Results of the investigation, if any, of the alleged 
     offense by any military, Federal, State, or local law 
     enforcement or criminal investigation organization.
       (5) If as a result of an investigation as described in 
     paragraph (4), a determination was made not to recommend the 
     bringing of charges against the alleged offender, whether to 
     a Federal prosecutor or the prosecutor of a State, 
     Commonwealth, territory, or possession, the justification for 
     such determination.
       (6) If as a result of an investigation as described in 
     paragraph (4), a determination was made to recommend the 
     bringing of charges against the alleged offender to a 
     prosecutor of a State, Commonwealth, territory, or 
     possession, and such prosecutor declined to bring charges, 
     the justification for lack of prosecution.
       (7) If as a result of an investigation as described in 
     paragraph (4), a determination was made to recommend the 
     bringing of charges against the alleged offender to a Federal 
     prosecutor, whether or not the prosecutor subsequently met 
     with the victim or victims as provided for in section 3771 of 
     title 18, United States Code.
       (8) If a Federal prosecutor declined to bring charges 
     against the alleged offender despite a recommendation for 
     such charges as described in paragraph (7), the justification 
     for lack of prosecution.
       (c) Coordination With Attorney General.--The Attorney 
     General shall take appropriate actions to ensure that 
     information on actions of Federal prosecutors that is 
     required for purposes of paragraphs (7) and (8) of subsection 
     (b) is submitted promptly to the Secretaries concerned for 
     inclusion in the reports required by subsection (a).
       (d) Definitions.--In this section:
       (1) The term ``felony offense'' means an offense punishable 
     by a maximum term of imprisonment of more than one year.
       (2) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(a)(9) of title 10, United States 
     Code.
                                 ______
                                 
  SA 2595. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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. __. BARRING CITIZENS OF IRAN FROM SEEKING EDUCATION 
                   RELATING TO THE NUCLEAR AND ENERGY SECTORS.

       (a) In General.--Section 501(a) of the Iran Threat 
     Reduction and Syrian Human Rights Act of 2012 (22 U.S.C. 
     8771(a)) is amended to read as follows:
       ``(a) In General.--
       ``(1) Visa denial.--The Secretary of State shall deny a 
     visa to, and the Secretary of Homeland Security shall exclude 
     from the United States, any alien who is a citizen of Iran if 
     the Secretary of State determines that such alien seeks to 
     enter the United States to participate in coursework at an 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to 
     prepare the alien for a career in--
       ``(A) the energy sector of Iran; or
       ``(B) nuclear science, nuclear engineering, or a related 
     field in Iran.
       ``(2) Status termination.--The Secretary of Homeland 
     Security shall terminate the status and work authorization, 
     and revoke any petition of, any alien who is a citizen of 
     Iran if the Secretary of Homeland Security determines such 
     alien has changed his or her program or course of study after 
     admission to the United States to a field that would prepare 
     the alien for a career in the energy sector, nuclear science, 
     nuclear engineering, or a related field in Iran. Any change, 
     or attempted change, in a course of study prohibited under 
     this paragraph constitutes a failure to maintain nonimmigrant 
     status under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to--
       (1) all visa applications filed on or after the date of the 
     enactment of this Act; and
       (2) the status of any alien who has been admitted as a 
     nonimmigrant academic, vocational, or exchange student under 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
     before, on, or after the date of the enactment of this Act.
                                 ______
                                 
  SA 2596. Mr. CORNYN (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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. 10____. HISTORIC BATTLESHIP PRESERVATION GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) Historic battleship.--The term ``historic battleship'' 
     means a battleship that is--
       (A) not less than 75 and not more than 115 years old;
       (B) listed on the National Register of Historic Places; and
       (C) located in the State for which the battleship was 
     named.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Establishment.--There is established within the 
     Department of the Interior a grant program for the 
     preservation of historic battleships in the United States.
       (c) Use of Grants.--Amounts received through grants under 
     this section shall be used for the preservation of historic 
     battleships in a manner that is self-sustaining and has an 
     educational component.
       (d) Criteria for Eligibility.--To be eligible for a grant 
     under this section, an entity shall--
       (1) submit an application to the Secretary in accordance 
     with procedures established by the Secretary;
       (2) match the amount of the grant, on a 1-to-1 basis, with 
     non-Federal assets from non-Federal sources, which may 
     include cash or durable goods and materials fairly valued, as 
     determined by the Secretary;
       (3) maintain any records that may be reasonably necessary 
     to fully disclose--
       (A) the amount and the disposition of the proceeds of the 
     grant;
       (B) the total cost of the project for which the grant was 
     made; and
       (C) other records as may be required by the Secretary, 
     including any records that would

[[Page S3617]]

     facilitate an effective accounting for project funds; and
       (4) provide access to the Secretary for the purposes of any 
     required audit and examination of any books, documents, 
     papers, and records of the entity.
       (e) Applicable Law.--The authority granted by this section 
     shall be in addition to, and shall not supersede or modify, 
     the authority provided under division A of subtitle III of 
     title 54, United States Code.
       (f) Private Property Protection.--
       (1) In general.--No Federal funds made available to carry 
     out this section may be used to acquire any land or any 
     interest in land without the written consent of any owners of 
     the land or interest in land.
       (2) No designation.--The authority granted by this section 
     shall not constitute a Federal designation or have any effect 
     on the ownership of private property.
       (g) Termination of Authority.--The authority to make grants 
     under this section expires on September 30, 2024.
                                 ______
                                 
  SA 2597. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 MILITARY INSTALLATION OF CHINA IN THE 
                   REPUBLIC OF DJIBOUTI.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) An assessment of the impact of the People's Republic of 
     China's first overseas military installation in the Republic 
     of Djibouti on the ability of the United States forces to 
     operate in the region.
       (2) An assessment of China's ability to obtain sensitive 
     information and impact operations conducted from Camp 
     Lemmonier in Djibouti, the largest United States military 
     installation on the African continent.
       (3) An assessment of the ability of the President of 
     Djibouti to terminate by all methods, including by simple 
     decree, the Department of Defense's lease agreement governing 
     operation of Camp Lemmonier.
       (4) An assessment of the impact of the Chinese base in 
     Djibouti on security and safety of United States personnel in 
     Djibouti.
       (5) An assessment of the status of China's compliance with 
     the Protocol on Blinding Laser Weapons, which forbids the use 
     of laser weapons for the purpose of blinding.
       (6) An assessment of the laser attack in Djibouti that 
     injured United States airmen.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2598. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 III, add the following:

     SEC. 323. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Army, in 
     consultation with the Chief of Staff of the Army, shall 
     submit to the congressional defense committees a report on 
     labor hours and depot maintenance.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) An estimate of the amount of public and private funding 
     of depot-level maintenance and repair (as defined in section 
     2460 of title 10, United State Code) for the Department of 
     the Army, and any other command identified by the Secretary, 
     expressed by commodity group by percentage and actual numbers 
     in terms of dollars and direct labor hours.
       (2) Within each category of depot level maintenance and 
     repair for each entities, the amount of the subset of depot 
     maintenance workload that meets the description under section 
     2464 of title 10, United States Code, that is performed in 
     the public and private sectors by direct labor hours and by 
     dollars.
       (3) Of the subset referred to in paragraph (2), the amount 
     of depot maintenance workload performed in the public and 
     private sector by direct labor hour and by dollars for each 
     entity that would otherwise be considered core workload under 
     section 2462 of title 10, United States Code, but is not 
     considered core because a weapon system or equipment has not 
     been declared a program of record.
       (4) An identification and description of depot level 
     maintenance and repair workload occurring at each 
     installation that is outside of the scope of what has been 
     identified by the Secretary of the Army as a Center of 
     Industrial and Technical Excellence under section 2474 of 
     title 10, United States Code, and an assessment whether that 
     workload should be occurring at another installation under 
     such section.
       (5) The projections for the upcoming future years defense 
     program.
       (6) A business case analysis on incorporating the depot-
     level maintenance and repair requirements of the Department 
     of Homeland Security and other Federal agencies into the 
     organic industrial base.
                                 ______
                                 
  SA 2599. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 XI, add the following:

     SEC. 1107. REPORT ON CURRENT AND ANTICIPATED VACANCIES IN 
                   CIVILIAN POSITIONS OF THE DEPARTMENT OF DEFENSE 
                   IN ALASKA.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in consultation with the Secretary of the Army and the 
     Secretary of the Air Force, submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on current and anticipated vacancies in civilian 
     positions of the Department of Defense in Alaska.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of current vacancies in civilian 
     positions of the Department in Alaska, and an assessment of 
     currently anticipated vacancies in such positions.
       (2) An assessment of the current and anticipated timeliness 
     and efficiency of the Department in filling vacancies in 
     civilian positions of the Department in Alaska, including 
     with respect to the following:
       (A) Positions in connection with new missions in Alaska.
       (B) Positions within components of the Defense Health 
     Agency.
       (3) A description of the authorities, if any, available to 
     the Department to accelerate the recruitment, assessment, and 
     employment of candidates in civilian positions of the 
     Department in Alaska, including so-called ``direct hire 
     authority''.
       (4) A description and assessment of any impediments to the 
     timely and efficient filling of vacancies in civilian 
     positions of the Department in Alaska.
       (5) Such recommendations as the Secretary of Defense 
     considers appropriate for legislative or administrative 
     action to improve the timely and efficient filling of 
     vacancies in civilian positions of the Department in Alaska, 
     including an expansion of so-called ``direct hire authority'' 
     for that purpose.
                                 ______
                                 
  SA 2600. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. REPORT ON SUICIDE PREVENTION PROGRAMS AND 
                   ACTIVITIES FOR MEMBERS OF THE ARMED FORCES AND 
                   THEIR FAMILIES.

       (a) Report Required.--Not later than 240 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the programs and activities of the Department of 
     Defense and the Armed Forces for the prevention of suicide 
     among members of the Armed Forces (including the reserve 
     components) and their families.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current programs and activities of 
     the Department and the Armed Forces for the prevention of 
     suicide among members of the Armed Forces and their families.
       (2) An assessment whether the programs and activities 
     described pursuant to paragraph (1)--

[[Page S3618]]

       (A) are evidence-based and incorporate best practices 
     identified in peer-reviewed medical literature;
       (B) are appropriately resourced; and
       (C) deliver outcomes that are appropriate relative to peer 
     activities and programs (including those undertaken in the 
     civilian community and in military forces of other 
     countries).
       (3) A description and assessment of any impediments to the 
     effectiveness of such programs and activities.
       (4) Such recommendations as the Comptroller General 
     considers appropriate for improvements to such programs and 
     activities.
       (5) Such recommendations as the Comptroller General 
     considers appropriate for additional programs and activities 
     for the prevention of suicide among members of the Armed 
     Forces and their families.
                                 ______
                                 
  SA 2601. Mr. INHOFE (for Mr. McCain) submitted an amendment intended 
to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for 
himself and Mr. McCain) and intended to be proposed 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 713.
       Strike section 1123.
                                 ______
                                 
  SA 2602. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 X, add the following:

     SEC. 1052. REPORT ON THE SEARCH AND RESCUE CAPABILITIES OF 
                   THE ARMED FORCES IN THE ARCTIC REGION.

       (a) Report Required.--Not later than 240 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the capabilities of the Armed Forces (including the 
     Coast Guard) as follows:
       (1) To conduct search and rescue activities in the Arctic 
     Ocean, the Bering Sea, the Chukchi Sea, and the Beaufort Sea 
     adjacent to the State of Alaska.
       (2) To support search and rescue activities in other areas 
     of the Arctic Region in which such support may be required.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description and assessment of the current 
     capabilities of the Armed Forces as described in subsection 
     (a).
       (2) A description of current demand for search and rescue 
     activities and support as described in subsection (a).
       (3) An assessment of the likely increase in demand for 
     search and rescue activities and support as described in 
     subsection (a) as a result of increasing use of the waters of 
     the Arctic Region for various activities, including shipping 
     and tourism.
       (4) A description and assessment of the extent to which the 
     United States is prepared to rely upon partner nations to 
     assist in conducting and supporting search and rescue 
     activities in the Arctic Region.
       (5) The adequacy of plans, personnel, equipment, and 
     infrastructure of the Armed Forces to conduct search and 
     rescue and provide support as described in subsection (a), 
     including communications, vessels, rotary wing aircraft, 
     fixed wing aircraft, training and equipment of personnel, and 
     land support infrastructure.
       (6) An assessment whether the current capabilities of the 
     Armed Forces as described in subsection (a) are sufficient to 
     meet present and anticipated demand for such capabilities, 
     including demand that may result from one or more 
     catastrophic incidents.
       (7) A description and assessment of any impediments to the 
     effectiveness of the capabilities of the Armed Forces as 
     described in subsection (a).
       (8) Such recommendations as the Comptroller General 
     considers appropriate for the improvement or expansion of 
     United States capacity to conduct and support search and 
     rescue activities in the Arctic Region.
                                 ______
                                 
  SA 2603. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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--South China Sea and East China Sea Sanctions Act of 2018

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``South China Sea and 
     East China Sea Sanctions Act of 2018''.

     SEC. 1282. FINDINGS.

       Congress makes the following findings:
       (1) According to the Asia-Pacific Maritime Security 
     Strategy issued by the Department of Defense in August 2015, 
     ``Although the United States takes no position on competing 
     sovereignty claims to land features in the region, all such 
     claims must be based upon land (which in the case of islands 
     means naturally formed areas of land that are above water at 
     high tide), and all maritime claims must derive from such 
     land in accordance with international law.''.
       (2) According to the annual report of the Department of 
     Defense to Congress on the military power of the People's 
     Republic of China submitted in April 2016, ``Throughout 2015, 
     China continued to assert sovereignty claims over features in 
     the East and South China Seas. In the East China Sea, China 
     continued to use maritime law enforcement ships and aircraft 
     to patrol near the Senkaku (Diaoyu) Islands in order to 
     challenge Japan's claim. In the South China Sea, China paused 
     its land reclamation effort in the Spratly Islands in late 
     2015 after adding more than 3,200 acres of land to the seven 
     features it occupies in the archipelago. Although these 
     artificial islands do not provide China with any additional 
     territorial or maritime rights within the South China Sea, 
     China will be able to use them as persistent civil-military 
     bases to enhance its long-term presence in the South China 
     Sea significantly.''.
       (3) On May 30, 2015, at the Shangri-la Dialogue of the 
     International Institute for Strategic Studies, Secretary of 
     Defense Ashton Carter stated that ``with its actions in the 
     South China Sea, China is out of step with both the 
     international rules and norms that underscore the Asia-
     Pacific's security architecture, and the regional consensus 
     that favors diplomacy and opposes coercion''.
       (4) On July 24, 2015, Admiral Harry Harris, Jr., noted at a 
     forum in Colorado that each year more than $5,300,000,000,000 
     in global sea-based trade passes through the South China Sea.
       (5) On June 4, 2016, at the Shangri-la Dialogue, Secretary 
     of Defense Ashton Carter stated: ``[T]he United States will 
     stand with regional partners to uphold core principles, like 
     freedom of navigation and overflight and the peaceful 
     resolution of disputes through legal means and in accordance 
     with international law. As I affirmed here last year, and 
     America's Freedom of Navigation Operations in the South China 
     Sea have demonstrated, the United States will continue to 
     fly, sail and operate wherever international law allows, so 
     that everyone in the region can do the same.''.
       (6) On July 12, 2016, the Permanent Court of Arbitration's 
     Tribunal organized pursuant to the United Nations Convention 
     on the Law of the Sea issued its unanimous award in the 
     arbitration instituted by Republic of the Philippines against 
     the People's Republic of China. The Tribunal noted that its 
     award is final and binding under that Convention.
       (7) Also according to the award, the Tribunal ``concluded 
     that, to the extent China had historical rights to resources 
     in the waters of the South China Sea, such rights were 
     extinguished to the extent they were incompatible with the 
     exclusive economic zones provided for in the Convention. The 
     Tribunal concluded that there was no legal basis for China to 
     claim historic rights to resources within the sea areas 
     falling within the `nine-dash line'.''.
       (8) Also according to the award, the Tribunal ``held that 
     the Spratly Islands cannot generate maritime zones 
     collectively as a unit. Having found that none of the 
     features claimed by China was capable of generating an 
     exclusive economic zone, the Tribunal found that it could--
     without delimiting a boundary--declare that certain sea areas 
     are within the exclusive economic zone of the Philippines, 
     because those areas are not overlapped by any possible 
     entitlement of China.''.
       (9) Also according to the award, the Tribunal ``found that 
     China had violated the Philippines' sovereign rights in its 
     exclusive economic zone by (a) interfering with Philippine 
     fishing and petroleum exploration, (b) constructing 
     artificial islands and (c) failing to prevent Chinese 
     fishermen from fishing in the zone. The Tribunal also held 
     that fishermen from the Philippines (like those from China) 
     had traditional fishing rights at Scarborough Shoal and that 
     China had interfered with these rights in restricting access. 
     The Tribunal further held that Chinese law enforcement 
     vessels had unlawfully created a serious risk of collision 
     when they physically obstructed Philippine vessels.''.
       (10) On July 12, 2016, the Ministry of Foreign Affairs of 
     the People's Republic of China issued a statement that China 
     ``declares that the [Tribunal] award is null and void and has 
     no binding force. China neither accepts nor recognizes it. . 
     . . China's territorial sovereignty and maritime rights and 
     interests in the South China Sea shall under no circumstances 
     be affected by those

[[Page S3619]]

     awards. China opposes and will never accept any claim or 
     action based on those awards.''.
       (11) On July 12, 2016, the Government of the People's 
     Republic of China issued the fifth statement in the name of 
     that Government since 1979 that--
       (A) stated that the People's Republic of China has 
     sovereignty over the 4 rocks and shoals in the South China 
     Sea;
       (B) claims internal waters, territorial seas, contiguous 
     zones, one or more exclusive economic zones, and a 
     continental shelf based on that sovereignty claim; and
       (C) continues to claim historic rights in the South China 
     Sea.
       (12) On July 12, 2016, Assistant Secretary of State and 
     Department of State Spokesperson John Kirby noted that the 
     ``United States strongly supports the rule of law. We support 
     efforts to resolve territorial and maritime disputes in the 
     South China Sea peacefully, including through arbitration. . 
     . . we urge all claimants to avoid provocative statements or 
     actions. This decision can and should serve as a new 
     opportunity to renew efforts to address maritime disputes 
     peacefully.''.
       (13) On July 13, 2016, the Vice Foreign Minister of the 
     People's Republic of China, Liu Zhenmin, said that declaring 
     an air defense identification zone in the South China Sea 
     would depend on the threat China faces and stated that ``[i]f 
     our security is threatened, we of course have the right to 
     set it up''.
       (14) On July 18, 2016, the People's Liberation Army Air 
     Force of the People's Republic of China stated that it had 
     conducted a ``combat air patrol'' over the South China Sea 
     and that it would become ``regular practice'' in the future. 
     A spokesperson stated that the People's Liberation Army Air 
     Force ``will firmly defend national sovereignty, security and 
     maritime interests, safeguard regional peace and stability, 
     and cope with various threats and challenges''.
       (15) On August 2, 2016, the Supreme People's Court of the 
     People's Republic of China issued a judicial interpretation 
     that people caught illegally fishing in Chinese waters could 
     be jailed for up to one year.
       (16) In the Agreement concerning the Ryukyu Islands and the 
     Daito Islands with Related Arrangements, signed at Washington 
     and Tokyo June 17, 1971 (23 UST 446), between the United 
     States and Japan (commonly referred to as the ``Okinawa 
     Reversion Treaty''), the United States agreed to apply the 
     Treaty of Mutual Cooperation and Security, with Agreed Minute 
     and Exchanges of Notes (11 UST 1632), signed at Washington 
     January 19, 1961, between the United States and Japan, to the 
     area covered by the Okinawa Reversion Treaty, including the 
     Senkaku Islands.
       (17) In April 2014, President Barack Obama stated, ``The 
     policy of the United States is clear--the Senkaku Islands are 
     administered by Japan and therefore fall within the scope of 
     Article 5 of the U.S.-Japan Treaty of Mutual Cooperation and 
     Security. And we oppose any unilateral attempts to undermine 
     Japan's administration of these islands.''.
       (18) In February 2017, President Donald Trump and Japanese 
     Prime Minister Shinzo Abe issued a joint statement that 
     ``affirmed that Article V of the U.S.-Japan Treaty of Mutual 
     Cooperation and Security covers the Senkaku Islands''.

     SEC. 1283. DEFINITIONS.

       In this subtitle:
       (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) Alien.--The term ``alien'' has the meaning given that 
     term in section 101(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)).
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, and the Select Committee on Intelligence of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (4) Chinese person.--The term ``Chinese person'' means--
       (A) an individual who is a citizen or national of the 
     People's Republic of China; or
       (B) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China.
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 
     5312(a)(2) of title 31, United States Code.
       (6) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 1010.605 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (7) 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.
       (8) Person.--The term ``person'' means any individual or 
     entity.
       (9) 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.

     SEC. 1284. POLICY OF THE UNITED STATES WITH RESPECT TO THE 
                   SOUTH CHINA SEA AND THE EAST CHINA SEA.

       It is the policy of the United States--
       (1) to support the principle that disputes between 
     countries should be resolved peacefully consistent with 
     international law;
       (2) to reaffirm its unwavering commitment and support for 
     allies and partners in the Asia-Pacific region, including 
     longstanding United States policy--
       (A) regarding Article V of the Mutual Defense Treaty, 
     signed at Washington August 30, 1951 (3 UST 3947), between 
     the United States and the Philippines; and
       (B) that Article V of the Mutual Defense Assistance 
     Agreement, with Annexes, signed at Tokyo March 8, 1954 (5 UST 
     661), between the United States and Japan, applies to the 
     Senkaku Islands, which are administered by Japan; and
       (3) to support the principle of freedom of navigation and 
     overflight and to continue to use the sea and airspace 
     wherever international law allows.

     SEC. 1285. SENSE OF CONGRESS WITH RESPECT TO THE SOUTH CHINA 
                   SEA AND THE EAST CHINA SEA.

       It is the sense of Congress that--
       (1) the United States--
       (A) opposes all claims in the maritime domains that 
     impinges on the rights, freedoms, and lawful use of the seas 
     that belong to all countries;
       (B) opposes unilateral actions by the government of any 
     country seeking to change the status quo in the South China 
     Sea through the use of coercion, intimidation, or military 
     force;
       (C) opposes actions by the government of any country to 
     interfere in any way in the free use of waters and airspace 
     in the South China Sea or East China Sea;
       (D) opposes actions by the government of any country to 
     prevent any other country from exercising its sovereign 
     rights to the resources of the exclusive economic zone and 
     continental shelf by making claims that have no support in 
     international law; and
       (E) upholds the principle that territorial and maritime 
     claims, including with respect to territorial waters or 
     territorial seas, must be derived from land features and 
     otherwise comport with international law;
       (2) the People's Republic of China should not continue to 
     pursue illegitimate claims and to militarize an area that is 
     essential to global security;
       (3) the United States should--
       (A) continue and expand freedom of navigation operations 
     and overflights;
       (B) reconsider the traditional policy of not taking a 
     position on individual claims; and
       (C) respond to provocations by the People's Republic of 
     China with commensurate actions that impose costs on any 
     attempts to undermine security in the region;
       (4) the Senkaku Islands are covered by Article V of the 
     Mutual Defense Assistance Agreement, with Annexes, signed at 
     Tokyo March 8, 1954 (5 UST 661), between the United States 
     and Japan; and
       (5) the United States should firmly oppose any unilateral 
     actions by the People's Republic of China that seek to 
     undermine Japan's control of the Senkaku Islands.

     SEC. 1286. SANCTIONS WITH RESPECT TO CHINESE PERSONS 
                   RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH 
                   CHINA SEA AND THE EAST CHINA SEA.

       (a) Initial Imposition of Sanctions.--On and after the date 
     that is 60 days after the date of the enactment of this Act, 
     the President shall impose the sanctions described in 
     subsection (b) with respect to--
       (1) any Chinese person that contributes to construction or 
     development projects, including land reclamation, island-
     making, lighthouse construction, building of base stations 
     for mobile communications services, building of electricity 
     and fuel supply facilities, or civil infrastructure projects, 
     in areas of the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations;
       (2) any Chinese person that is responsible for or complicit 
     in, or has engaged in, directly or indirectly, actions or 
     policies that threaten the peace, security, or stability of 
     areas of the South China Sea contested by one or more members 
     of the Association of Southeast Asian Nations or areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea, including through the use of vessels and aircraft to 
     impose the sovereignty of the People's Republic of China in 
     those areas;
       (3) any Chinese person that engages, or attempts to engage, 
     in an activity or transaction that materially contributes to, 
     or poses a risk of materially contributing to, an activity 
     described in paragraph (1) or (2); and
       (4) any person that--
       (A) is owned or controlled by a person described in 
     paragraph (1), (2), or (3);
       (B) is acting for or on behalf of such a person; or
       (C) provides, or attempts to provide--
       (i) financial, material, technological, or other support to 
     a person described in paragraph (1), (2), or (3); or
       (ii) goods or services in support of an activity described 
     in paragraph (1), (2), or (3).
       (b) Sanctions Described.--

[[Page S3620]]

       (1) Blocking of property.--The President shall block, in 
     accordance with the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.), all transactions in all 
     property and interests in property of any person subject to 
     subsection (a) 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.
       (2) Exclusion from united states.--The Secretary of State 
     shall deny a visa to, and the Secretary of Homeland Security 
     shall exclude from the United States, any person subject to 
     subsection (a) that is an alien.
       (3) Current visa revoked.--The issuing consular officer, 
     the Secretary of State, or the Secretary of Homeland Security 
     (or a designee of one of such Secretaries) shall revoke any 
     visa or other entry documentation issued to any person 
     subject to subsection (a) that is an alien, regardless of 
     when issued. The revocation shall take effect immediately and 
     shall automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.
       (c) Exceptions; Penalties.--
       (1) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of subsection (b)(1).
       (2) Compliance with united nations headquarters 
     agreement.--Paragraphs (2) and (3) of subsection (b) shall 
     not apply if admission to 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.
       (3) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under subsection 
     (b)(1) to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Additional Imposition of Sanctions.--
       (1) In general.--The President shall prohibit the opening, 
     and prohibit or impose strict conditions on the maintaining, 
     in the United States of a correspondent account or a payable-
     through account by a foreign financial institution that the 
     President determines knowingly, on or after the date that is 
     60 days after the date of the enactment of this Act, conducts 
     or facilitates a significant financial transaction for a 
     person subject to subsection (a) if the Director of National 
     Intelligence determines that the Government of the People's 
     Republic of China has--
       (A) declared an air defense identification zone over any 
     part of the South China Sea;
       (B) initiated reclamation work at another disputed location 
     in the South China Sea, such as at Scarborough Shoal;
       (C) seized control of Second Thomas Shoal;
       (D) deployed surface-to-air missiles to any of the 
     artificial islands the People's Republic of China has built 
     in the Spratly Island chain, including Fiery Cross, Mischief, 
     or Subi Reefs;
       (E) established territorial baselines around the Spratly 
     Island chain;
       (F) increased harassment of Philippine vessels; or
       (G) increased provocative actions against the Japanese 
     Coast Guard or Maritime Self-Defense Force or United States 
     forces in the East China Sea.
       (2) Report.--
       (A) In general.--The determination of the Director of 
     National Intelligence referred to in paragraph (1) shall be 
     submitted in a report to the President and the appropriate 
     congressional committees.
       (B) Form of report.--The report required by subparagraph 
     (A) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 1287. DETERMINATIONS AND REPORT ON CHINESE COMPANIES 
                   ACTIVE IN THE SOUTH CHINA SEA AND THE EAST 
                   CHINA SEA.

       (a) In General.--The Secretary of State shall submit to the 
     appropriate congressional committees a report that identifies 
     each Chinese person the Secretary determines is engaged in 
     the activities described in section 1286(a).
       (b) Consideration.--In preparing the report required under 
     subsection (a), the Secretary of State shall make specific 
     findings with respect to whether each of the following 
     persons is involved in the activities described in section 
     1286(a):
       (1) CCCC Tianjin Dredging Co., Ltd.
       (2) CCCC Dredging (Group) Company, Ltd.
       (3) China Communications Construction Company (CCCC), Ltd.
       (4) China Petroleum Corporation (Sinopec Group).
       (5) China Mobile.
       (6) China Telecom.
       (7) China Southern Power Grid.
       (8) CNFC Guangzhou Harbor Engineering Company.
       (9) Zhanjiang South Project Construction Bureau.
       (10) Hubei Jiangtian Construction Group.
       (11) China Harbour Engineering Company (CHEC).
       (12) Guangdong Navigation Group (GNG) Ocean Shipping.
       (13) Shanghai Leading Energy Shipping.
       (14) China National Offshore Oil Corporation (CNOOC).
       (15) China Oilfield Services Limited (COSL).
       (16) China Precision Machinery Import/Export Corporation 
     (CPMIEC).
       (17) China Aerospace Science and Industry Corporation 
     (CASIC).
       (18) Aviation Industry Corporation of China (AVIC).
       (19) Shenyang Aircraft Corporation.
       (20) Shaanxi Aircraft Corporation.
       (21) China Ocean Shipping (Group) Company (COSCO).
       (22) China Southern Airlines.
       (23) Zhan Chaoying.
       (24) Sany Group.
       (25) Chinese persons affiliated with any of the entities 
     specified in paragraphs (1) through (24).
       (c) Submission and Form.--
       (1) Submission.--The report required by subsection (a) 
     shall be submitted not later than 60 days after the date of 
     the enactment of this Act and every 180 days thereafter until 
     the date that is 3 years after the date of the enactment of 
     this Act.
       (2) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     subsection (a) on a publicly available website of the 
     Department of State.

     SEC. 1288. PROHIBITION AGAINST DOCUMENTS PORTRAYING THE SOUTH 
                   CHINA SEA OR THE EAST CHINA SEA AS PART OF 
                   CHINA.

       The Government Publishing Office may not publish any map, 
     document, record, electronic resource, or other paper of the 
     United States (other than materials relating to hearings held 
     by committees of Congress or internal work product of a 
     Federal agency) portraying or otherwise indicating that it is 
     the position of the United States that the territory or 
     airspace in the South China Sea contested by one or more 
     members of the Association of Southeast Asian Nations or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea is part of the 
     territory or airspace of the People's Republic of China.

     SEC. 1289. PROHIBITION ON FACILITATING CERTAIN INVESTMENTS IN 
                   THE SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) In General.--No United States person may take any 
     action to approve, facilitate, finance, or guarantee any 
     investment, provide insurance, or underwriting in the South 
     China Sea or the East China Sea that involves any person with 
     respect to which sanctions are imposed under section 1286(a).
       (b) Enforcement.--The Secretary of the Treasury, in 
     consultation with the Secretary of State, is authorized to 
     take such actions, including the promulgation of such rules 
     and regulations, as may be necessary to carry out the 
     purposes of this section.
       (c) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of regulations prescribed under this 
     section to the same extent that such penalties apply to a 
     person that commits an unlawful act described in subsection 
     (a) of such section 206.
       (d) Exception.--Subsection (a) shall not apply with respect 
     to humanitarian assistance, disaster assistance, or emergency 
     food assistance.

     SEC. 1290. DEPARTMENT OF JUSTICE AFFIRMATION OF NON-
                   RECOGNITION OF ANNEXATION.

       In any matter before any United States court, upon request 
     of the court or any party to the matter, the Attorney General 
     shall affirm the United States policy of not recognizing the 
     de jure or de facto sovereignty of the People's Republic of 
     China over territory or airspace contested by one or more 
     members of the Association of Southeast Asian Nations in the 
     South China Sea or the territory or airspace of areas of the 
     East China Sea administered by Japan or the Republic of 
     Korea.

     SEC. 1291. NON-RECOGNITION OF CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) United States Armed Forces.--The Secretary of Defense 
     may not take any action, including any movement of aircraft 
     or vessels that implies recognition of the sovereignty of the 
     People's Republic of China over territory or airspace 
     contested by one or more members of the Association of 
     Southeast Asian Nations in the South China Sea or the 
     territory or airspace of areas of the East China Sea 
     administered by Japan or the Republic of Korea.
       (b) United States Flagged Vessels.--No vessel that is 
     issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, may take any action that 
     implies recognition of the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (c) United States Aircraft.--No aircraft operated by an air 
     carrier that holds an air carrier certificate issued under 
     chapter 411 of title 49, United States Code, may take any 
     action that implies recognition of the sovereignty of the 
     People's Republic of China

[[Page S3621]]

     over territory or airspace contested by one or more members 
     of the Association of Southeast Asian Nations in the South 
     China Sea or the territory or airspace of areas of the East 
     China Sea administered by Japan or the Republic of Korea.

     SEC. 1292. PROHIBITION ON CERTAIN ASSISTANCE TO COUNTRIES 
                   THAT RECOGNIZE CHINESE SOVEREIGNTY OVER THE 
                   SOUTH CHINA SEA OR THE EAST CHINA SEA.

       (a) Prohibition.--Except as provided by subsection (c) or 
     (d), no amounts may be obligated or expended to provide 
     foreign assistance to the government of any country 
     identified in a report required by subsection (b).
       (b) Report Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until the date that is 3 years after such date of enactment, 
     the Secretary of State shall submit to the appropriate 
     congressional committees a report identifying each country 
     that the Secretary determines recognizes, after the date of 
     the enactment of this Act, the sovereignty of the People's 
     Republic of China over territory or airspace contested by one 
     or more members of the Association of Southeast Asian Nations 
     in the South China Sea or the territory or airspace of areas 
     of the East China Sea administered by Japan or the Republic 
     of Korea.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex if the Secretary of State determines it is necessary 
     for the national security interests of the United States to 
     do so.
       (3) Public availability.--The Secretary of State shall 
     publish the unclassified part of the report required by 
     paragraph (1) on a publicly available website of the 
     Department of State.
       (c) Exception.--This section shall not apply with respect 
     to Taiwan, humanitarian assistance, disaster assistance, 
     emergency food assistance, or the Peace Corps.
       (d) Waiver.--The President may waive the application of 
     subsection (a) with respect to the government of a country if 
     the President determines that the waiver is in the national 
     interests of the United States.
                                 ______
                                 
  SA 2604. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 XII, add the following:

     SEC. 1226. REPORT ON USE BY GOVERNMENT OF IRAN OF COMMERCIAL 
                   AIRCRAFT AND RELATED SERVICES FOR ILLICIT 
                   ACTIVITIES.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and every 180 days thereafter, the 
     President, in consultation with the Secretary of Defense, the 
     Secretary of State, and the Director of National 
     Intelligence, shall submit to the appropriate congressional 
     committees a report on the use by the Government of Iran of 
     commercial aircraft and related services for illicit 
     activities.
       (b) Elements of Report.--The report required by subsection 
     (a) shall include a description of the extent to which--
       (1) the Government of Iran is using commercial aircraft, 
     including aircraft of Iran Air, or related services to 
     transport illicit cargo to or from Iran, including military 
     goods, weapons, military personnel, military-related 
     electronic parts and mechanical equipment, or rocket or 
     missile components; and
       (2) the commercial aviation sector of Iran, including Iran 
     Air, is providing financial, material, or technological 
     support to--
       (A) the Islamic Revolutionary Guard Corps;
       (B) Iran's Ministry of Defense and Armed Forces Logistics;
       (C) the regime of Bashar al Assad in Syria;
       (D) Hezbollah, Hamas, Kata'ib Hezbollah, or any other 
     organization designated as a foreign terrorist organization 
     under section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189); or
       (E) any entity on the list of specially designated 
     nationals and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury.
       (c) Termination.--This section shall terminate on the date 
     that is 30 days after the date on which the President 
     certifies to Congress that the Government of Iran has ceased 
     providing support for acts of international terrorism.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on Banking, Housing, and 
     Urban Affairs, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on Financial Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 2605. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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:

       On page 842, between lines 14, and 15, insert the 
     following:
       ``(G) Investments in united states businesses targeted by 
     made in china 2025 initiative.--
       ``(i) In general.--In addition to any other transaction 
     covered by this paragraph, the term `covered investment' 
     includes any investment (other than a passive investment) by 
     any foreign person in a United States business that produces, 
     designs, tests, manufactures, or develops one or more 
     products described in clause (ii).
       ``(ii) Products described.--A product is described in this 
     clause if any of the following apply with respect to the 
     product:

       ``(I) The Committee determines the product is comparable to 
     a product--

       ``(aa) manufactured or produced in, or exported from, the 
     People's Republic of China; and
       ``(bb) that receives support from the Government of the 
     People's Republic of China pursuant to the Made in China 2025 
     industrial policy of that Government.

       ``(II) The product is specified in any of the following 
     documents of the Government of the People's Republic of 
     China:

       ``(aa) Notice on Issuing Made in China 2025.
       ``(bb) China Manufacturing 2025.
       ``(cc) Notice on Issuing the 13th Five-year National 
     Strategic Emerging Industries Development Plan.
       ``(dd) Guiding Opinion on Promoting International 
     Industrial Capacity and Equipment Manufacturing Cooperation.
       ``(ee) Any document relating to the 863 program or the 
     State High-Tech Development Plan.
       ``(ff) Any other document that expresses a national 
     strategy or stated goal in connection with the Made in China 
     2025 industrial policy set forth by the Government of the 
     People's Republic of China, the Communist Party of China, or 
     another entity or individual capable of impacting the 
     national strategy of the People's Republic of China.

       ``(III) The Committee determines that the product receives 
     support from the Government of the People's Republic of China 
     and imports of that product into the United States have or 
     will in the future displace net exports of comparable 
     products by the United States.
       ``(IV) The Committee determines the product is produced by 
     or used in any of the following industries:

       ``(aa) Civil aircraft.
       ``(bb) Motor car and vehicle.
       ``(cc) Advanced medical equipment.
       ``(dd) Advanced construction equipment.
       ``(ee) Agricultural machinery.
       ``(ff) Railway equipment.
       ``(gg) Diesel locomotive.
       ``(hh) Moving freight.
       ``(ii) Lithium battery manufacturing.
       ``(jj) Artificial intelligence.
       ``(kk) High-capacity computing.
       ``(ll) Quantum computing.
       ``(mm) Robotics.
       ``(nn) Biotechnology.
       ``(iii) Relation to definition of passive investment.--For 
     purposes of subparagraph (D), any reference to a United 
     States critical infrastructure company or United States 
     critical technology company shall be deemed to include a 
     reference to a United States business described in clause 
     (i).
                                 ______
                                 
  SA 2606. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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:

       After section 1725, insert the following:

     SEC. 1726. PROTECTION OF EMERGING AND FOUNDATIONAL 
                   TECHNOLOGIES.

       (a) List Required.--The Secretary of Defense shall 
     establish and maintain a list of emerging and foundational 
     technologies that are necessary for maintaining the national 
     security technological advantage of the United States over 
     countries of special concern, as determined by the Secretary.
       (b) Technology Protection.--The Secretary shall use the 
     list required by subsection (a) to inform activities carried 
     out by the Secretary relating to technology protection, 
     including under interagency processes carried out under 
     section 1725 or any other provision of law.

[[Page S3622]]

       (c) Country of Special Concern.--In this section, the term 
     ``country of special concern'' has the meaning given that 
     term in section 721(a) of the Defense Production Act of 1950, 
     as amended by section 1703.
                                 ______
                                 
  SA 2607. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 X, add the following:

     SEC. 1018. INCREASE IN NUMBER OF OPERATIONAL AIRCRAFT 
                   CARRIERS OF THE NAVY.

       (a) Findings.--Congress finds the following:
       (1) The aircraft carrier can fulfill the Navy's core 
     missions of forward presence, sea control, ensuring safe sea 
     lanes, and power projection as well as providing flexibility 
     and versatility to execute a wide range of additional 
     missions.
       (2) Forward airpower is integral to the security and joint 
     forces operations of the United States. Carriers play a 
     central role in delivering forward airpower from sovereign 
     territory of the United States in both permissive and 
     nonpermissive environments.
       (3) Aircraft carriers provide our Nation the ability to 
     rapidly and decisively respond to national threats, as well 
     as conducting worldwide, on-station diplomacy and providing 
     deterrence against threats to the United States allies, 
     partners, and friends.
       (4) Since the end of the cold war, aircraft carrier 
     deployments have increased while the aircraft carrier force 
     structure has declined.
       (5) Considering the increased array of complex threats 
     across the globe, the Navy aircraft carrier is operating at 
     maximum capacity, increasing deployment lengths and 
     decreasing maintenance periods in order to meet operational 
     requirements.
       (6) To meet global peacetime and wartime requirements, the 
     Navy has indicated a requirement to maintain two aircraft 
     carriers deployed overseas and have three additional aircraft 
     carriers capable of deploying within 90 days. However, the 
     Navy has indicated that the existing aircraft carrier force 
     structure cannot support these military requirements.
       (7) Despite the requirement to maintain an aircraft carrier 
     strike group in both the United States Central Command and 
     the United States Pacific Command, the Navy has been unable 
     to generate sufficient capacity to support combatant 
     commanders and has developed significant carrier gaps in 
     these critical areas.
       (8) Because of the continuing use of a diminished aircraft 
     carrier force structure, extensive maintenance availabilities 
     result which typically exceed program costs and increase time 
     in shipyards. These expansive maintenance availabilities 
     exacerbate existing carrier gaps.
       (9) Developing an alternative design to the Ford-class 
     aircraft carrier is not cost beneficial. A smaller design is 
     projected to incur significant design and engineering cost 
     while significantly reducing magazine size, carrier air wing 
     size, sortie rate, and on-station effectiveness, among other 
     vital factors, as compared to the Ford-class. Furthermore, a 
     new design will delay the introduction of future aircraft 
     carriers, exacerbating existing carrier gaps and threatening 
     the national security of the United States.
       (10) The 2016 Navy Force Structure Assessment states ``A 
     minimum of 12 aircraft carriers are required to meet the 
     increased warfighting response requirements of the Defense 
     Planning Guidance Defeat/Deny force sizing direction.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States should expedite delivery of 12 
     aircraft carriers; and
       (2) an aircraft carrier should be authorized every three 
     years.
       (c) Increase in Number of Operational Aircraft Carriers of 
     the Navy.--
       (1) Increase.--Section 5062(b) of title 10, United States 
     Code, is amended by striking ``11 operational aircraft 
     carriers'' and inserting ``12 operational aircraft 
     carriers''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on September 30, 2022.
                                 ______
                                 
  SA 2608. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 I, add the following:

     SEC. 129. PROCUREMENT AUTHORITY FOR GERALD R. FORD CLASS 
                   AIRCRAFT CARRIER PROGRAM.

       (a) Contract Authority.--
       (1) Procurement authorized.--The Secretary of the Navy may 
     enter into one or more contracts, beginning with the fiscal 
     year 2019 program year, for the procurement of one Gerald R. 
     Ford class aircraft carrier to be designated CVN-81.
       (2) Procurement in conjunction with cvn-80.--The aircraft 
     carrier authorized to be procured under subsection (a) may be 
     procured as an addition to the contract covering the Gerald 
     R. Ford class aircraft carrier designated CVN-80 that is 
     authorized to be constructed under section 121 of the John 
     Warner National Defense Authorization Act for Fiscal Year 
     2007 (Public Law 109-364; 120 Stat. 2104).
       (b) Use of Incremental Funding.--With respect to a contract 
     entered into under subsection (a), the Secretary of the Navy 
     may use incremental funding to make payments under the 
     contract.
       (c) Liability.--A contract entered into under subsection 
     (a) shall provide that the total liability to the Government 
     for termination of the contract entered into shall be limited 
     to the total amount of funding obligated at the time of 
     termination.
       (d) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year is subject to the availability of 
     appropriations for that purpose for such fiscal year.
                                 ______
                                 
  SA 2609. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 I, add the following new 
     section:

     SEC. 144. CONVERSION OF F-22 AIRCRAFT.

       (a) Contract Authority.--The Secretary of the Air Force may 
     enter into one or more contracts, beginning with the fiscal 
     year 2019 program year, to convert up to 34 F-22 aircraft of 
     the Air Force from a Block 20 configuration to a Block 35 
     configuration.
       (b) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2019 is subject 
     to the availability of appropriations or funds for that 
     purpose for such later fiscal year.
       (c) Funding.--Notwithstanding the amounts set forth in the 
     funding tables in division D, the amount authorized to be 
     appropriated in section 4101 for procurement, as specified in 
     the corresponding funding table in section 4101, for Aircraft 
     Procurement, Air Force, is hereby increased by $98,000,000 
     (to be used to carry out subsection (a)).
                                 ______
                                 
  SA 2610. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 III, add the following:

     SEC. 323. REPORTS ON MITIGATION OF PHYSIOLOGICAL EPISODES 
                   ASSOCIATED WITH AIRCRAFT.

       (a) Report on t-45 Aircraft Physiological Episode 
     Mitigation Actions.--
       (1) Report required.--Not later than March 1, 2019, the 
     Secretary of the Navy shall submit to the congressional 
     defense committees a report on modifications made to T-45 
     aircraft and associated ground equipment to mitigate the risk 
     of physiological episodes among T-45 aircraft crewmembers.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a list of all modifications to the T-45 aircraft and 
     associated ground equipment carried out during fiscal years 
     2017 through 2019 to mitigate the risk of physiological 
     episodes among T-45 crewmembers;
       (B) the results achieved by such modifications as 
     determined by relevant testing and operational activities;
       (C) the cost of such modifications; and
       (D) any plans of the Navy for future modifications.
       (b) Report on Efforts of the Air Force to Mitigate 
     Physiological Episodes Affecting Aircraft Crewmembers.--
       (1) Report required.--Not later than March 1, 2019, the 
     Secretary of the Air Force shall submit to the congressional 
     defense committees a report on all efforts of the Air

[[Page S3623]]

     Force to reduce the occurrence of, and mitigate the risk 
     posed by, physiological episodes affecting crewmembers of 
     covered aircraft.
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) information on the rate of physiological episodes 
     affecting crewmembers of covered aircraft;
       (B) a description of the specific actions carried out by 
     the Air Force to address such episodes, including a 
     description of any upgrades or other modifications made to 
     covered aircraft to address such episodes;
       (C) schedules and cost estimates for any upgrades or 
     modifications identified under subparagraph (B); and
       (D) an explanation of any organizational or other changes 
     to the Air Force carried out to address such physiological 
     episodes.
       (3) Covered aircraft defined.--In this subsection, the term 
     ``covered aircraft'' means--
       (A) F-35A aircraft of the Air Force;
       (B) T-6A aircraft of the Air Force; and
       (C) any other aircraft of the Air Force as determined by 
     the Secretary of the Air Force.
       (c) F-18 Aircraft.--
       (1) Modifications required.--The Secretary of the Navy 
     shall modify the F/A-18 aircraft to reduce the occurrence of, 
     and mitigate the risk posed by, physiological episodes 
     affecting crewmembers of the aircraft. The modifications 
     shall include, at minimum--
       (A) replacement of the F/A-18 cockpit altimeter;
       (B) upgrade of the F/A-18 onboard oxygen generation system;
       (C) redesign of the F/A-18 aircraft life support systems 
     required to meet onboard oxygen generation system input 
     specifications;
       (D) installation of equipment associated with improved F/A-
     18 physiological monitoring and alert systems; and
       (E) installation of an automatic ground collision avoidance 
     system.
       (2) Report required.--Not later than February 1, 2019, and 
     annually thereafter through February 1, 2021, the Secretary 
     of the Navy shall submit to the congressional defense 
     committees a written update on the status of all 
     modifications to the F/A-18 aircraft carried out by the 
     Secretary pursuant to paragraph (1).
       (3) Waiver.--The Secretary of the Navy may waive the 
     requirement to make a modification under paragraph (1) if the 
     Secretary certifies to the congressional defense committees 
     that the specific modification is inadvisable and provides a 
     detailed justification for excluding the modification from 
     the Navy's planned upgrades for the F/A-18 aircraft.
       (d) Certification on Inclusion of Technology to Minimize 
     Physiological Episodes in Certain Aircraft.--
       (1) Certification required.--Not later than 15 days before 
     entering into a contract for the procurement of a covered 
     aircraft, the Secretary concerned shall submit to the 
     congressional defense committees a written statement 
     certifying that the aircraft to be procured under the 
     contract will include the most recent technological 
     advancements necessary to minimize the impact of 
     physiological episodes on aircraft crewmembers.
       (2) Waiver.--The Secretary concerned may waive the 
     requirement of paragraph (1) if the Secretary--
       (A) determines the waiver is required in the interest of 
     national security; and
       (B) not later than 15 days before entering into a contract 
     for the procurement of a covered aircraft, notifies the 
     congressional defense committees of the rationale for the 
     waiver.
       (3) Termination.--The requirement to submit a certification 
     under paragraph (1) shall terminate on September 30, 2021.
       (4) Definitions.--In this subsection:
       (A) The term ``covered aircraft'' means a fighter aircraft, 
     an attack aircraft, or a fixed wing trainer aircraft.
       (B) The term ``Secretary concerned'' means--
       (i) the Secretary of the Navy, with respect to covered 
     aircraft of the Navy; and
       (ii) the Secretary of the Air Force, with respect to 
     covered aircraft of the Air Force.
                                 ______
                                 
  SA 2611. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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. INFORMATION ON APPRENTICESHIP PROGRAMS AS PART OF 
                   TRANSITION COUNSELING PROVIDED TO MEMBERS OF 
                   THE ARMED FORCES.

       The Secretary of Defense shall ensure that the transition 
     counseling provided by the Department of Defense to members 
     of the Armed Forces who are in the process of separating from 
     the Armed Forces (including the reserve components) includes 
     the provision of information to such members on the 
     following:
       (1) The potential benefits of apprenticeship programs.
       (2) The appropriate use of educational assistance for 
     veterans to pay for apprenticeship programs.
       (3) The availability of veteran-focused, nonprofit 
     apprenticeship programs.
                                 ______
                                 
  SA 2612. Mr. BLUMENTHAL (for himself and Mr. Wicker) 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. ___. COST-EFFECTIVENESS ANALYSIS OF EQUIPMENT RENTAL.

       (a) Cost-Effectiveness Analysis of Equipment Rental.--
       (1) In general.--With respect to any cost-effectiveness 
     analysis for equipment acquisition conducted on or after the 
     date that is 180 days after the date of the enactment of this 
     Act, the head of each executive agency shall consider 
     equipment rental in such cost-effectiveness analysis.
       (2) Federal acquisition regulation.--The Federal 
     Acquisition Regulation shall be revised to implement the 
     requirement under paragraph (1).
       (b) Study of Cost-Effectiveness Analysis.--Not later than 2 
     years after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to 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 comprehensive report on 
     the decisions made by the executive agencies with the highest 
     levels of acquisition spending, and a sample of executive 
     agencies with lower levels of acquisition spending, to 
     acquire high-value equipment by lease, rental, or purchase 
     pursuant to subpart 7.4 of the Federal Acquisition 
     Regulation.
       (c) Definitions.--In this section:
       (1) Equipment rental.--The term ``equipment rental'' means 
     the acquisition of equipment by contract from a commercial 
     source for a temporary period of use with no fixed duration.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 102 of title 40, 
     United States Code.
                                 ______
                                 
  SA 2613. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and 
Mr. McCain) and intended to be proposed 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:
       ``(A) The location of the entity receiving the award and 
     the location of performance and production facilities under 
     the award, including the name of a facility, street address, 
     city, State if applicable, congressional district if 
     applicable, and country.
       ``(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

[[Page S3624]]

       ``(D) include in the annual report required by section 2(g) 
     of the Federal Funding Accountability and Transparency Act 
     (Public 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.
       ``(4) Scope.--For purposes of this section--
       ``(A) awards include contracts and subcontracts, grants and 
     subgrants, and cooperative agreements; and
       ``(B) subcontracts include--
       ``(i) all tiers of the supply chain, not just those to 
     which the prime contractor is a party; and
       ``(ii) supplier agreements with vendors, such as long-term 
     arrangements for materials or supplies that benefit multiple 
     contracts or with respect to which costs are normally applied 
     to a contractor's general and administrative expenses or 
     indirect costs.''.
                                 ______
                                 
  SA 2614. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 REPORT ON ADVERTISING SPENDING ON SOCIALLY 
                   AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS 
                   CONTRACTORS.

       Not later than 90 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     estimating the portion of the of the Department of Defense's 
     advertising budget that is spent on advertising and public 
     relations contracts with socially and economically 
     disadvantaged small businesses and women, low-income, veteran 
     (as that term is defined in section 3(q) of the Small 
     Business Act (15 U.S.C. 632(q)), and minority entrepreneurs 
     and business owners at the prime and subcontracting levels.
                                 ______
                                 
  SA 2615. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. ____. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR 
                   CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES 
                   PUERTO RICO AND THE MUNICIPALITY OF VIEQUES.

       (a) In General.--An individual shall be awarded monetary 
     compensation for a claim made under this section if such 
     individual--
       (1) can demonstrate that he or she was a resident on the 
     island of Vieques, Puerto Rico, during or after the use by 
     the United States Government of the island for military 
     readiness;
       (2) files a claim not later than 30 days after the date of 
     the enactment of this Act against the United States 
     Government for personal injury, including illness or death 
     arising from use by the United States Government of the 
     island of Vieques for military readiness; and
       (3) submits to the court written medical documentation that 
     the individual contracted a chronic, life threatening, or 
     heavy metal disease or illness, including cancer, 
     hypertension, cirrhosis, and diabetes while the United States 
     Government used the island of Vieques, Puerto Rico for 
     military readiness.
       (b) Appointment of Special Master.--
       (1) In general.--The Secretary of the Treasury shall 
     appoint a Special Master to consider claims described in 
     paragraph (2).
       (2) Amounts of award.--The amounts described in this 
     paragraph are as follows:
       (A) $50,000 for 1 disease described in paragraph (1)(B);
       (B) $80,000 for 2 diseases described in paragraph (1)(B); 
     and
       (C) $110,000 for 3 or more diseases described in paragraph 
     (1)(B).
       (c) Award Amounts Related to Claims by the Municipality of 
     Vieques.--
       (1) Award.--The Special Master shall provide to the 
     Municipality of Vieques the following for a claim described 
     in subsection (b)(2):
       (A) An academic partner, with appropriate experience and an 
     established relationship with the Municipality of Vieques, 
     which shall--
       (i) lead a research and outreach endeavor on behalf of the 
     Municipality of Vieques;
       (ii) select the appropriate scientific expertise and 
     administer defined studies, conducting testing and evaluation 
     of the soils, seas, plant and animal food sources and human 
     health situation;
       (iii) determine the most efficient and effective way to 
     reduce the environmental toxins to a level sufficient to 
     return the soils, seas, food sources and health circumstances 
     to a level that reduces the diseases on Vieques to the 
     average in the United States.
       (B) The past research from universities, colleges, 
     scientists, and doctors who have tested and evaluated the 
     prevalence of toxic substances in the soil, food sources, and 
     human populations.
       (C) A medical coordinator and staff to upgrade the medical 
     facility and its equipment to a level to treat life 
     threatening, chronic, and heavy metal diseases, including 
     cancer, hypertension, cirrhosis, diabetes.
       (D) Compensation to create and fund a medical home to 
     provide medical care for pediatric and adult patients, 
     allowing the patients to be referred for tertiary and 
     quaternary health care facilities when necessary, and 
     providing the transportation and medical costs when traveling 
     off the island of Vieques, until such time as the disease 
     levels are reduced to the average in the United States.
       (E) Amounts necessary for the academic partner and medical 
     coordinator to carry out the duties described in 
     subparagraphs (A) through (D).
       (F) Amounts necessary to compensate the Municipality of 
     Vieques for--
       (i) contractual procurement obligations and additional 
     expenses incurred by the Municipality as a result of the 
     enactment of this section; and
       (ii) any other damages and costs to be incurred by the 
     Municipality, if the Special Master determines that it is 
     necessary to carry out the purpose of this section.
       (2) Source.--Amounts awarded under this subsection shall be 
     made from amounts appropriated under section 1304 of title 
     31, United States Code.
       (3) Determination and payment of claims.--
       (A) Establishment of filing procedures.--The Secretary of 
     the Treasury shall establish procedures whereby individuals 
     may submit claims for payments under this section to the 
     Special Master.
       (B) Determination of claims.--The Special Master shall, in 
     accordance with this subsection, determine whether each claim 
     meets the requirements of this section. Claims already 
     disposed of by a court under chapter 171 of title 28, United 
     States Code, shall be treated as if they are currently filed.
       (d) Action on Claims.--The Special Master shall complete a 
     determination on any claim filed under the procedures 
     established under this section not later than 150 days after 
     the date on which the claim is filed.
       (e) Payment in Full Settlement of Claims by Individuals and 
     the Municipality of Vieques Against the United States.--The 
     acceptance by an individual or the Municipality of Vieques a 
     payment of an award under this section shall--
       (1) be final and conclusive;
       (2) be deemed to be in full satisfaction of the claim 
     described in subsection (a)(2); and
       (3) constitute a complete release by the individual of such 
     claim against the United States and against any employee of 
     the United States acting in the scope of employment who is 
     involved in the matter giving rise to the claim.
       (f) Administrative Costs.--No costs incurred by the 
     Secretary of the Treasury, or a designee of the Secretary, 
     not including attorney's fees, in carrying out this section 
     shall be paid from amounts appropriated under section 1304 of 
     title 31, United States Code, or set off against, or 
     otherwise deducted from, any payment under this section to 
     any individual.
       (g) Certification of Treatment of Payments Under Other 
     Laws.--Amounts paid to an individual under this section--

[[Page S3625]]

       (1) shall be treated for purposes of the laws of the United 
     States as damages for human suffering; and
       (2) shall not be included as income or resources for 
     purposes of determining eligibility to receive benefits 
     described in section 3803(c)(2)(C) of title 31, United States 
     Code, or the amount of such benefits.
       (h) Nonassignability of Claims.--No claim cognizable under 
     this section shall be assignable or transferable.
       (i) Limitation.--A claim to which this section applies 
     shall be barred unless the claim is filed within 20 years 
     after the date of the enactment of this Act.
       (j) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of the Treasury may 
     promulgated regulations to carry out this section.
       (k) Use of Existing Resources.--The Secretary of the 
     Treasury should use funds or resources available to the 
     Secretary to carry out the functions under this section.
                                 ______
                                 
  SA 2616. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. ___. CREDIT MONITORING.

       Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 
     1681c-1(k)) is amended by striking paragraph (4).
                                 ______
                                 
  SA 2617. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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:

       On page 79, strike lines 6 through 15 and insert the 
     following:
     the Department, other Federal agencies, academia, 
     nongovernmental organizations, and the commercial sector, as 
     the Secretary considers appropriate.
       (3) Elements.--The study required by paragraph (1)(A) shall 
     include the following:
       (A) A comprehensive and national-level review of advances 
     in artificial intelligence and machine learning, and 
     associated technologies relevant to the needs of the 
     Department and the Armed Forces.
       (B) An assessment of global trends of state and non-state 
     actor development and use of artificial intelligence 
     technologies in security.
       (C) An assessment of the implications of incorporating 
     artificial intelligence into existing and future Department 
     of Defense weapons, operational, and non-operational systems.
       (D) An assessment of the implications of the proliferation 
     of the use artificial intelligence in national security to 
     foreign state and non-state actors, including potential 
     proliferation to adversaries.
       (E) An assessment of opportunities to establish 
     international cooperation on the use of artificial 
     intelligence technologies by the Department of Defense.
       (F) Recommendations for addressing workforce development 
     requirements for the Department of Defense associated with 
     the use of artificial intelligence by the Department of 
     Defense.
       (G) Recommendations for the use of artificial intelligence 
     by the Department of Defense for non-operational uses, 
     including the use of artificial intelligence, to enhance the 
     efficiency of personnel management and procurement processes.
       (H) Recommendations for engagement by the Department with 
     relevant agencies that will be involved with artificial 
     intelligence in the future.
                                 ______
                                 
  SA 2618. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 V, add the following:

     SEC. ___. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HANDLERS 
                   OF MILITARY WORKING DOGS AND THE MILITARY 
                   WORKING DOG CONCERNED.

       (a) Program of Award Required.--Each Secretary of a 
     military department shall carry out a program to provide for 
     the award of one or more medals or other commendations to 
     handlers of military working dogs under the jurisdiction of 
     such Secretary to recognize valor or meritorious achievement 
     by such handlers and dogs.
       (b) Medal and Commendations.--Any medal or commendation 
     awarded pursuant to a program under subsection (a) shall be 
     of such design, and include such elements, as the Secretary 
     of the military department concerned shall specify.
       (c) Presentation and Acceptance.--Any medal or commendation 
     awarded pursuant to a program under subsection (a) may be 
     presented to and accepted by the handler concerned on behalf 
     of the handler and the military working dog concerned.
       (d) Regulations.--Medals and commendations shall be awarded 
     under programs under subsection (a) in accordance with 
     regulations prescribed by the Secretary of Defense for 
     purposes of this section.
                                 ______
                                 
  SA 2619. Mr. HEINRICH (for himself and Mr. Udall) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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 XXXI, add the following:

     SEC. 3119. IMPLEMENTATION OF PLUTONIUM STRATEGY.

       (a) Findings.--Congress finds the following:
       (1) The National Nuclear Security Administration 
     recommended a plutonium pit production strategy to the 
     congressional defense committees in a letter dated May 10, 
     2018.
       (2) The Chairperson of the Nuclear Weapons Council 
     established under section 179 of title 10, United States 
     Code, certified the letter described in paragraph (1) to the 
     congressional defense committees in a letter dated May 4, 
     2018, pursuant to section 3141 of the National Defense 
     Authorization Act for Fiscal Year 2018 (Public Law 115-91).
       (b) Annual Certification.--Not later than April 1, 2019, 
     and annually thereafter through 2025, the Chairperson of the 
     Nuclear Weapons Council shall submit to the Secretary of 
     Defense, the Administrator for Nuclear Security, and the 
     congressional defense committees a written certification that 
     the plutonium pit production strategy described in subsection 
     (a)(1) is on track to meet--
       (1) the requirement to begin production of 30 war reserve 
     pits per year at Los Alamos National Laboratory, Los Alamos, 
     New Mexico, by 2026; and
       (2) the timelines for demonstrating a capability to produce 
     an additional 50 war reserve plutonium pits per year, as 
     required by section 4219 of the Atomic Energy Defense Act (50 
     U.S.C. 2538a).
       (c) Briefing.--Not later than March 1, 2019, the 
     Chairperson of the Nuclear Weapons Council and the 
     Administrator for Nuclear Security shall jointly provide to 
     the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives, 
     and to any other congressional defense committee upon 
     request, a briefing detailing the implementation of the 
     plutonium strategy described in subsection (a)(1), 
     including--
       (1) milestones;
       (2) accountable personnel for such milestones; and
       (3) mechanisms for ensuring transparency with respect to 
     the progress of the strategy for the Department of Defense 
     and the congressional defense committees.
                                 ______
                                 
  SA 2620. Mr. HEINRICH (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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 III, add the following:

     SEC. 340. STARBASE PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the STARBASE program should continue to be funded by the 
     Department of Defense.
       (b) Funding.--
       (1) In general.--The amount authorized to be appropriated 
     for fiscal year 2019 for the Department of Defense by section 
     301 is hereby increased by $25,000,000, with the amount of 
     the increase to be available for Operation and Maintenance, 
     Defense-wide, for Civil

[[Page S3626]]

     Military Programs for the STARBASE program.
       (2) Offset.--The amount authorized to be appropriated for 
     fiscal year 2019 for the Department of Defense by section 301 
     is hereby reduced by $25,000,000, with the amount of the 
     reduction to be taken from amounts available for Operation 
     and Maintenance, Navy, for Operating Forces for Enterprise 
     Information (Line 300).
                                 ______
                                 
  SA 2621. Mr. SCHATZ 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 of subtitle C of title V, add the following:

     SEC. 537. REVIEW OF DISCHARGE CHARACTERIZATION.

       (a) In General.--In accordance with this section, the 
     appropriate discharge boards--
       (1) shall review the discharge characterization of covered 
     members at the request of the covered member; and
       (2) if such characterization is any characterization except 
     honorable, may change such characterization to honorable.
       (b) Criteria.--In changing the discharge characterization 
     of a covered member to honorable under subsection (a)(2), the 
     Secretary of Defense shall ensure that such changes are 
     carried out consistently and uniformly across the military 
     departments using the following criteria:
       (1) The original discharge must be based on Don't Ask Don't 
     Tell (in this Act referred to as ``DADT'') or a similar 
     policy in place prior to the enactment of DADT.
       (2) Such discharge characterization shall be so changed if, 
     with respect to the original discharge, there were no 
     aggravating circumstances, such as misconduct, that would 
     have independently led to a discharge characterization that 
     was any characterization except honorable. For purposes of 
     this paragraph, such aggravating circumstances may not 
     include--
       (A) an offense under section 925 of title 10, United States 
     Code (article 125 of the Uniform Code of Military Justice), 
     committed by a covered member against a person of the same 
     sex with the consent of such person; or
       (B) statements, consensual sexual conduct, or consensual 
     acts relating to sexual orientation or identity, or the 
     disclosure of such statements, conduct, or acts, that were 
     prohibited at the time of discharge but after the date of 
     such discharge became permitted.
       (3) When requesting a review, a covered member, or the 
     member's representative, shall be required to provide 
     either--
       (A) documents consisting of--
       (i) a copy of the DD-214 form of the member;
       (ii) a personal affidavit of the circumstances surrounding 
     the discharge; and
       (iii) any relevant records pertaining to the discharge; or
       (B) an affidavit certifying that the member, or the 
     member's representative, does not have the documents 
     specified in subparagraph (A).
       (4) If a covered member provides an affidavit described in 
     subparagraph (B) of paragraph (3)--
       (A) the appropriate discharge board shall make every effort 
     to locate the documents specified in subparagraph (A) of such 
     paragraph within the records of the Department of Defense; 
     and
       (B) the absence of such documents may not be considered a 
     reason to deny a change of the discharge characterization 
     under subsection (a)(2).
       (c) Request for Review.--The appropriate discharge board 
     shall ensure the mechanism by which covered members, or their 
     representative, may request to have the discharge 
     characterization of the covered member reviewed under this 
     section is simple and straightforward.
       (d) Review.--
       (1) In general.--After a request described in subsection 
     (c) has been made, the appropriate discharge board shall 
     review all relevant laws, records of oral testimony 
     previously taken, service records, or any other relevant 
     information regarding the discharge characterization of the 
     covered member.
       (2) Additional materials.--If additional materials are 
     necessary for the review, the appropriate discharge board--
       (A) may request additional information from the covered 
     member or the member's representative, in writing, and 
     specifically detailing what is being requested; and
       (B) shall be responsible for obtaining a copy of the 
     necessary files of the covered member from the member, or 
     when applicable, from the Department of Defense.
       (e) Change of Characterization.--The appropriate discharge 
     board shall change the discharge characterization of a 
     covered member to honorable if such change is determined to 
     be appropriate after a review is conducted under subsection 
     (d) pursuant to the criteria under subsection (b). A covered 
     member, or the member's representative, may appeal a decision 
     by the appropriate discharge board to not change the 
     discharge characterization by using the regular appeals 
     process of the board.
       (f) Change of Records.--For each covered member whose 
     discharge characterization is changed under subsection (e), 
     or for each covered member who was honorably discharged but 
     whose DD-214 form reflects the sexual orientation of the 
     member, the Secretary of Defense shall reissue to the member 
     or the member's representative a revised DD-214 form that 
     reflects the following:
       (1) For each covered member discharged, the Separation 
     Code, Reentry Code, Narrative Code, and Separation Authority 
     shall not reflect the sexual orientation of the member and 
     shall be placed under secretarial authority. Any other 
     similar indication of the sexual orientation or reason for 
     discharge shall be removed or changed accordingly to be 
     consistent with this paragraph.
       (2) For each covered member whose discharge occurred prior 
     to the creation of general secretarial authority, the 
     sections of the DD-214 form referred to paragraph (1) shall 
     be changed to similarly reflect a universal authority with 
     codes, authorities, and language applicable at the time of 
     discharge.
       (g) Status.--
       (1) In general.--Each covered member whose discharge 
     characterization is changed under subsection (e) shall be 
     treated without regard to the original discharge 
     characterization of the member, including for purposes of--
       (A) benefits provided by the Federal Government to an 
     individual by reason of service in the Armed Forces; and
       (B) all recognitions and honors that the Secretary of 
     Defense provides to members of the Armed Forces.
       (2) Reinstatement.--In carrying out paragraph (1)(B), the 
     Secretary shall reinstate all recognitions and honors of a 
     covered member whose discharge characterization is changed 
     under subsection (e) that the Secretary withheld because of 
     the original discharge characterization of the member.
       (h) Definitions.--In this section:
       (1) The term ``appropriate discharge board'' means the 
     boards for correction of military records under section 1552 
     of title 10, United States Code, or the discharge review 
     boards under section 1553 of such title, as the case may be.
       (2) The term ``covered member'' means any former member of 
     the Armed Forces who was discharged from the Armed Forces 
     because of the sexual orientation of the member.
       (3) The term ``discharge characterization'' means the 
     characterization under which a member of the Armed Forces is 
     discharged or released, including ``dishonorable'', 
     ``general'', ``other than honorable'', and ``honorable''.
       (4) The term ``Don't Ask Don't Tell'' means section 654 of 
     title 10, United States Code, as in effect before such 
     section was repealed pursuant to the Don't Ask, Don't Tell 
     Repeal Act of 2010 (Public Law 111-321).
       (5) The term ``representative'' means the surviving spouse, 
     next of kin, or legal representative of a covered member.
       (i) Reports.--
       (1) Review.--The Secretary of Defense shall conduct a 
     review of the consistency and uniformity of the reviews 
     conducted under subsections (a) through (g).
       (2) Reports.--Not later than 270 days after the date of the 
     enactment of this Act, and each year thereafter for a four-
     year period, the Secretary shall submit to Congress a report 
     on the reviews under paragraph (1). Such reports shall 
     include any comments or recommendations for continued 
     actions.
       (j) Historical Review.--The Secretary of each military 
     department shall ensure that oral historians of the 
     department--
       (1) review the facts and circumstances surrounding the 
     estimated 100,000 members of the Armed Forces discharged from 
     the Armed Forces between World War II and September 2011 
     because of the sexual orientation of the member; and
       (2) receive oral testimony of individuals who personally 
     experienced discrimination and discharge because of the 
     actual or perceived sexual orientation of the individual so 
     that such testimony may serve as an official record of these 
     discriminatory policies and their impact on American lives.
                                 ______
                                 
  SA 2622. Mr. SCHATZ (for himself and Mr. Boozman) 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 of subtitle D of title VI, add the following:

     SEC. 633. EXTENSION OF CERTAIN MORALE, WELFARE, AND 
                   RECREATION PRIVILEGES TO CERTAIN VETERANS AND 
                   THEIR CAREGIVERS.

       (a) Findings.--Congress makes the following findings:
       (1) In 2017, the Secretary of Defense determined that the 
     addition of new patron categories to the commissary and 
     exchange systems would support the growth of a robust 
     customer base and help ensure the ability of both systems to 
     provide benefits to members of the Armed Forces and their 
     families.
       (2) The Secretary previously opposed extending commissary 
     and exchange privileges to large patron groups such as 
     disabled veterans.

[[Page S3627]]

       (3) In January 2017, the Secretary of Defense approved 
     limited online exchange shopping privileges for all veterans, 
     effective November 11, 2017.
       (4) The Secretary determined that current patrons of 
     exchanges did not perceive the extension of such privileges 
     as diluting the benefit for members of the Armed Forces.
       (5) The Purple Heart is the oldest military decoration, 
     awarded to members of the Armed Forces who have been wounded 
     or died in combat, fighting for the United States. Since the 
     modern incarnation of the award was established in 1932, 
     approximately 1,800,000 members of the Armed Forces have been 
     awarded the Purple Heart.
       (b) Commissary Stores and MWR Facilities Privileges for 
     Certain Veterans and Veteran Caregivers.--
       (1) Extension of privileges.--Chapter 54 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1065. Use of commissary stores and MWR facilities: 
       certain veterans and caregivers for veterans

       ``(a) Eligibility of Veterans Who Are Medal of Honor 
     Recipients.--A veteran who is a Medal of Honor recipient 
     shall be permitted to use commissary stores and MWR 
     facilities on the same basis as a member of the armed forces 
     entitled to retired or retainer pay.
       ``(b) Eligibility of Veterans Awarded the Purple Heart.--A 
     veteran who was awarded the Purple Heart shall be permitted 
     to use commissary stores and MWR facilities on the same basis 
     as a member of the armed forces entitled to retired or 
     retainer pay.
       ``(c) Eligibility of Veterans Who Are Former Prisoners of 
     War.--A veteran who is a former prisoner of war shall be 
     permitted to use commissary stores and MWR facilities on the 
     same basis as a member of the armed forces entitled to 
     retired or retainer pay.
       ``(d) Eligibility of Veterans With Service-connected 
     Disabilities.--A veteran with a service-connected disability 
     shall be permitted to use commissary stores and MWR 
     facilities on the same basis as a member of the armed forces 
     entitled to retired or retainer pay.
       ``(e) Eligibility of Caregivers for Veterans.--A caregiver 
     or family caregiver shall be permitted to use commissary 
     stores and MWR facilities on the same basis as a member of 
     the armed forces entitled to retired or retainer pay.
       ``(f) User Fee Authority.--(1) The Secretary of Defense 
     shall prescribe regulations that impose a user fee on 
     individuals who are eligible solely under this section to 
     purchase merchandise at a commissary store or MWR retail 
     facility.
       ``(2) The Secretary shall set the user fee under this 
     subsection at a rate that the Secretary determines will 
     offset any increase in expenses arising from this section 
     borne by the Department of the Treasury on behalf of 
     commissary stores associated with the use of credit or debit 
     cards for customer purchases, including expenses related to 
     card network use and related transaction processing fees.
       ``(3) The Secretary shall deposit funds collected pursuant 
     to a user fee under this subsection in the General Fund of 
     the Treasury.
       ``(4) Any fee under this subsection is in addition to the 
     uniform surcharge under section 2484(d) of this title.
       ``(g) Definitions.--In this section:
       ``(1) The term `MWR facilities' includes--
       ``(A) MWR retail facilities, as that term is defined in 
     section 1063(e) of this title; and
       ``(B) military lodging operated by the Department of 
     Defense for the morale, welfare, and recreation of members of 
     the armed forces.
       ``(2) The term `Medal of Honor recipient' has the meaning 
     given that term in section 1074h(c) of this title.
       ``(3) The terms `veteran', `former prisoner of war', and 
     `service-connected' have the meanings given those terms in 
     section 101 of title 38.
       ``(4) The terms `caregiver' and `family caregiver' have the 
     meanings given those terms in section in section 1720G(d) of 
     title 38.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 54 of such title is amended by adding at 
     the end the following new item:

``1065. Use of commissary stores and MWR facilities: certain veterans 
              and caregivers for veterans.''.

       (3) Effective date.--Section 1065 of title 10, United 
     States Code, as added by paragraph (1), shall take effect at 
     the end of the 90-day period beginning on the date of the 
     enactment of this Act.
       (c) Authorization of Appropriations for Updating EPACS for 
     Military Commissaries.--There is hereby authorized to be 
     appropriated for fiscal year 2019 for the Department of 
     Defense, $500,000 for updating the electronic physical access 
     control system used by military commissaries and exchanges so 
     that the system may recognize and accept veteran health 
     identification cards.
       (d) Sense of Congress on Individuals Awarded the Purple 
     Heart.--It is the sense of Congress that the Secretary of 
     Defense, in coordination with the Secretary of Veterans 
     Affairs, should maintain a list of all individuals awarded 
     the Purple Heart.
                                 ______
                                 
  SA 2623. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and 
Mr. McCain) and intended to be proposed 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. ___. INDEPENDENT STUDY ON ADVANCED TECHNOLOGIES AND 
                   MATERIALS FOR MILITARY SHELTER APPLICATIONS.

       (a) Study Required.--The Secretary of Defense shall seek to 
     enter into a contract or other agreement with the National 
     Academy of Sciences to perform the services covered by this 
     section.
       (b) Independent Study.--Under a contract or other agreement 
     between the Secretary and the National Academy of Sciences 
     under this section, the National Academy of Sciences shall 
     conduct a study on the use of advanced technologies and 
     materials (including composite materials) for military 
     shelters and other infrastructure applications. Such study 
     shall include examination of the effectiveness of such 
     technologies and materials to enhance concealment, 
     camouflage, deception, shielding, and secure communications 
     of a command post or other infrastructure.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall ensure that the 
     study conducted under this section is completed and submit to 
     the congressional defense committees a report on the findings 
     of the Secretary with respect to such study.
       (d) Alternative Contract Scientific Organization.--
       (1) In general.--If the Secretary is unable to enter into a 
     contract or other agreement described in subsection (a) with 
     the National Academy of Sciences on terms acceptable to the 
     Secretary, the Secretary shall seek to enter into such 
     contract or other agreement with another appropriate 
     scientific organization that--
       (A) is not part of the Federal Government; and
       (B) has expertise and objectivity comparable to that of the 
     National Academy of Sciences.
       (2) Treatment.--If the Secretary enters into an agreement 
     with another organization as described in paragraph (1), any 
     reference in this section to the National Academy of Sciences 
     shall be treated as a reference to the other organization.
                                 ______
                                 
  SA 2624. Mr. BENNET (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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. 10__. INCREASING EMPLOYMENT FOR MEMBERS OF ARMED FORCES 
                   IN EMERGING INDUSTRIES.

       (a) In General.--The Secretary of Defense, in coordination 
     with the Secretary of Energy, shall evaluate the military 
     installations at which it would be cost-effective to 
     establish a partnership with community colleges and the 
     private sector to train veterans and members of the Armed 
     Forces transitioning to civilian life to enter the 
     cybersecurity, clean energy, and artificial intelligence 
     workforces.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees and make publicly 
     available a report describing the results of the evaluation 
     conducted under subsection (a).
                                 ______
                                 
  SA 2625. Mr. SCHATZ 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 of subtitle E of title X, add the following:

     SEC. 1052. REPORT ON IMPACTS OF EMERGING TECHNOLOGIES USED BY 
                   THE DEPARTMENT OF DEFENSE FALLING INTO THE 
                   POSSESSION OF ADVERSARIES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Research and Engineering shall, in coordination 
     with the Under Secretary of Defense for Intelligence, submit 
     to the Committees on

[[Page S3628]]

     Armed Services of the Senate and the House of Representatives 
     a report setting forth an assessment of the potential impacts 
     of emerging technologies being used in the Department of 
     Defense falling into the possession of adversaries of the 
     United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description and assessment of current potential 
     threats that emerging technologies being used in the 
     Department could fall into the possession of adversaries of 
     the United States, and of the possession of such technologies 
     by such adversaries.
       (2) A description and assessment of the ethical, legal, and 
     societal implications of such technologies falling into the 
     possession of such adversaries.
       (3) A description of the actions being taken by the 
     Department to prevent such adversaries from coning into 
     possession of such technologies.
                                 ______
                                 
  SA 2626. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 Eof title V, add the following:

     SEC. 558. IMPLEMENTATION OF STUDENT LOAN BORROWER BENEFITS 
                   FOR MEMBERS OF THE ARMED FORCES SERVING IN 
                   CONFLICT.

       (a) Agreements.--The Secretary of Defense shall enter into 
     any necessary agreements, including agreements with the 
     Internal Revenue Service and the Secretary of Education, to 
     carry out the activities described in this section.
       (b) No Accrual of Interest.--
       (1) In general.--The Secretary of Defense shall ensure that 
     student loan interest does not accrue for eligible Federal 
     Direct Loans of eligible military borrowers, in accordance 
     with the Federal prohibition on interest accrual for eligible 
     military borrowers under section 455(o) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(o)).
       (2) Eligible federal direct loan.--In this section, the 
     term eligible Federal Direct Loan means a loan made under 
     part D of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1087a et seq.) for which the first disbursement is 
     made on or after October 1, 2008.
       (c) Compensation.--The Secretary of Defense shall ensure 
     that an eligible military borrower who qualified for the no 
     accrual of interest benefit under such section 455(o) during 
     any period beginning on or after October 1, 2008, and did not 
     receive the full benefit under such section for which the 
     borrower qualified, is provided compensation in an amount 
     equal to the amount of interest paid by the borrower that 
     would have been subject to that benefit.
       (d) Borrower Request Not Required.--The Secretary of 
     Defense shall obtain or provide any information necessary to 
     implement the activities described in this section without 
     requiring a request from a borrower.
                                 ______
                                 
  SA 2627. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 H of title V, add the following:

     SEC. 598. REPORT ON WAGE DETERMINATION FOR CERTAIN PROGRAMS.

       (a) Wage Determination.--The Secretary of Defense, acting 
     through the National Guard Bureau, shall coordinate with the 
     Secretary of Labor to obtain a wage determination under 
     section 6703(1) of title 41, United States Code, for all 
     contract workers under the following programs:
       (1) Family Assistance Centers.
       (2) Family Readiness and Support.
       (3) Yellow Ribbon Reintegration Program.
       (4) Recruit Sustainment Program.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the wage 
     determinations described in subsection (a). The report shall 
     include a cost estimate of transferring all of the programs 
     specified in subsection (a) to direct Federal management.
                                 ______
                                 
  SA 2628. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 Eof title V, add the following:

     SEC. 558. IMPLEMENTATION OF STUDENT LOAN BORROWER BENEFITS 
                   FOR MEMBERS OF THE ARMED FORCES SERVING IN 
                   CONFLICT.

       (a) Agreements.--The Secretary of Defense shall enter into 
     any necessary agreements, including agreements with the 
     Internal Revenue Service and the Secretary of Education, to 
     carry out the activities described in this section.
       (b) No Accrual of Interest.--
       (1) In general.--The Secretary of Defense shall ensure that 
     student loan interest does not accrue for eligible Federal 
     Direct Loans of eligible military borrowers, in accordance 
     with the Federal prohibition on interest accrual for eligible 
     military borrowers under section 455(o) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(o)).
       (2) Eligible federal direct loan.--In this section, the 
     term eligible Federal Direct Loan means a loan made under 
     part D of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1087a et seq.) for which the first disbursement is 
     made on or after October 1, 2008.
       (c) Compensation.--The Secretary of Defense shall ensure 
     that an eligible military borrower who qualified for the no 
     accrual of interest benefit under such section 455(o) during 
     any period beginning on or after October 1, 2008, and did not 
     receive the full benefit under such section for which the 
     borrower qualified, is provided compensation in an amount 
     equal to the amount of interest paid by the borrower that 
     would have been subject to that benefit.
       (d) Borrower Request Not Required.--The Secretary of 
     Defense shall obtain or provide any information necessary to 
     implement the activities described in this section without 
     requiring a request from a borrower.
                                 ______
                                 
  SA 2629. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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:

       In the funding table in section 4101, in the item relating 
     to UH-60 BLACKHAWK M MODEL (MYP), strike the amount in the 
     Senate Authorized column and insert ``1,073,810''.
       In the funding table in section 4101, in the item relating 
     to UH-60 BLACKHAWK M MODEL (MYP) AP, strike the amount in the 
     Senate Authorized column and insert ``[85,000]''.
       In the funding table in section 4101, in the item relating 
     to TOTAL AIRCRAFT PROCUREMENT, ARMY, strike the amount in the 
     Senate Authorized column and insert ``3,867,558''.
       In the funding table in section 4101, in the first item 
     relating to BASE MAINTENANCE SUPPORT VEHICLES, strike the 
     amount in the Senate Authorized column and insert ``52,923''.
       In the funding table in section 4101, below the item 
     relating to BASE MAINTENANCE SUPPORT VEHICLES, insert a line 
     relating to ``Forward financed in the FY18 omnibus'' with an 
     amount in the Senate Authorized column of [-52,000].
       In the funding table in section 4101, in the first item 
     relating to AIR TRAFFIC CONTROL & LANDING SYS, strike the 
     amount in the Senate Authorized column and insert ``24,937''.
       In the funding table in section 4101, below the first item 
     relating to AIR TRAFFIC CONTROL & LANDING SYS, insert a line 
     relating to ``D-RAPCON cost growth'' with an amount in the 
     Senate Authorized column of [-33,000].
       In the funding table in section 4101, in the item relating 
     to TOTAL OTHER PROCUREMENT, AIR FORCE, strike the amount in 
     the Senate Authorized column and insert ``20,883,260''.
                                 ______
                                 
  SA 2630. Mr. BLUMENTHAL (for himself, Mr. Murphy, and Mr. Jones) 
submitted an amendment intended to be proposed to amendment SA 2282 
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be 
proposed 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:

       In the funding table in section 4101, in the first item 
     relating to JOINT STRIKE

[[Page S3629]]

     FIGHTER CV, strike the amount in the Senate Authorized column 
     and insert ``1,144,958''.
       In the funding table in section 4101, below the item 
     relating to JOINT STRIKE FIGHTER CV--
       (1) strike ``Program Realignment'' and insert ``Procurement 
     of JSF CV Aircraft''; and
       (2) strike the amount in the Senate Authorized column and 
     insert ``[121,000]''.
       In the funding table in section 4101, strike the item 
     relating to ``UAV'' and the item below such item relating to 
     ``Procurement of UAV''.
       In the funding table in section 4101, in the item relating 
     to TOTAL AIRCRAFT PROCUREMENT NAVY, strike the amount in the 
     Senate Authorized column and insert ``19,238,199''.
       In the funding table in section 4101, in the first item 
     relating to F-35 strike the amount in the Senate Authorized 
     column and insert ``4,286,021''.
       In the funding table in section 4101, below the item 
     relating to F-35--
       (1) strike ``Program Realignment'' and insert ``Procurement 
     of F-35 Aircraft''; and
       (2) strike the amount in the Senate Authorized column and 
     insert ``[92,500]''.
       In the funding table in section 4101, in the second item 
     relating to O/A-X LIGHT ATTACK AIRCRAFT, strike the amount in 
     the Senate Authorized column and insert ``236,500''.
       In the funding table in section 4101, below the second item 
     relating to O/A-X LIGHT ATTACK AIRCRAFT that relates to 
     ``Procurement of OA-X aircraft and long lead materials'', 
     strike the amount in the Senate Authorized column and insert 
     ``[236,500]''.
       In the funding table in section 4101, in the item relating 
     to TOTAL AIRCRAFT PROCUREMENT AIR FORCE, strike the amount in 
     the Senate Authorized column and insert ``16,599,737''.
                                 ______
                                 
  SA 2631. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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:

       In the funding table in section 4101, in the first item 
     relating to Virginia Class Submarine Advance Procurement, 
     strike the amount in the Senate Authorized column and insert 
     ``3,796,401''.
       In the funding table in section 4101, in the second item 
     relating to Virginia Class Submarine Advance Procurement, 
     strike the amount in the Senate Authorized column and insert 
     ``[1,000,000]''.
       In the funding table in section 4101, in the item relating 
     to Total Shipbuilding and Conversion, Navy, strike the amount 
     in the Senate Authorized column and insert ``23,876,937''.
       In the funding table in section 4101, in the first item 
     relating to INDIRECT FIRE PROTECTION CAPABILITY INC 2-I, 
     strike the amount in the Senate Authorized column and insert 
     ``145,636''.
       In the funding table in section 4101, below the item 
     relating to INDIRECT FIRE PROTECTION CAPABILITY INC 2-I, 
     strike the item relating to ``Acceleration of cruise missile 
     defense''.
       In the funding table in section 4101, in the item relating 
     to TOTAL MISSILE PROCUREMENT ARMY, strike the amount in the 
     Senate Authorized column and insert ``3,275,777''.
       In the funding table in section 4101, strike the first item 
     relating to ``O/A-X LIGHT ATTACK AIRCRAFT''.
       In the funding table in section 4101, in the item relating 
     to TOTAL AIRCRAFT PROCUREMENT NAVY, strike the amount in the 
     Senate Authorized column and insert ``19,117,199''.
       In the funding table in section 4101, in the second item 
     relating to O/A-X LIGHT ATTACK AIRCRAFT, strike the amount in 
     the Senate Authorized column and insert ``200,000''.
       In the funding table in section 4101, below the second item 
     relating to O/A-X LIGHT ATTACK AIRCRAFT that relates to 
     ``Procurement of OA-X aircraft and long lead materials'', 
     strike the amount in the Senate Authorized column and insert 
     ``[200,000]''.
       In the funding table in section 4101, in the item relating 
     to TOTAL AIRCRAFT PROCUREMENT AIR FORCE, strike the amount in 
     the Senate Authorized column and insert ``16,470,737''.
                                 ______
                                 
  SA 2632. Mr. BENNET (for himself and Ms. Duckworth) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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. 10__. INCREASING EMPLOYMENT FOR MEMBERS OF ARMED FORCES 
                   IN EMERGING INDUSTRIES.

       (a) In General.--The Secretary of Defense, in coordination 
     with the Secretary of Energy, shall evaluate the military 
     installations at which it would be cost-effective to 
     establish a partnership with community colleges and the 
     private sector to train veterans and members of the Armed 
     Forces transitioning to civilian life to enter the 
     cybersecurity, clean energy, and artificial intelligence 
     workforces.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Veterans' Affairs and Energy and Natural 
     Resources of the Senate and the Committees on Veterans' 
     Affairs and Energy and Commerce of the House of 
     Representatives a report describing the results of the 
     evaluation conducted under subsection (a).
                                 ______
                                 
  SA 2633. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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:

       On page 423, strike line 8 and insert the following:

     SEC. 937. JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM.

       On page 423, line 18, insert ``John S. McCain'' before 
     ``Strategic Defense Fellows''.
                                 ______
                                 
  SA 2634. Mr. COONS (for himself and Mr. Moran) submitted an amendment 
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe 
(for himself and Mr. McCain) and intended to be proposed 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:

       On page 62, between lines 6 and 7, insert the following:
       (2) Section 225 of the National Defense Authorization Act 
     for Fiscal Year 2018 (Public Law 115-91), relating to support 
     for national security innovation and entrepreneurial 
     education.
                                 ______
                                 
  SA 2635. Mr. COONS 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 of subtitle C of title X, add the following:

     SEC. 1026. POLICY GUIDANCE ON REVIEWING AND APPROVING 
                   OPERATIONS TO CAPTURE OR EMPLOY LETHAL FORCE 
                   AGAINST TERRORIST TARGETS OUTSIDE THE UNITED 
                   STATES AND OUTSIDE AREAS OF ACTIVE HOSTILITIES.

       Not later than 90 days after the date of the enactment of 
     this Act, the President shall publish on a publicly available 
     Internet website of the White House an unclassified fact 
     sheet outlining written policy standards and procedures that 
     formalize and strengthen the process of the President for 
     reviewing and approving operations to capture or employ 
     lethal force against terrorist targets outside the United 
     States and outside areas of active hostilities.
                                 ______
                                 
  SA 2636. Mr. REED (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe 
(for himself and Mr. McCain) and intended to be proposed 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:

       On page 717, line 23, insert ``by a foreign power'' after 
     ``activities''.
       On page 726, line 3, insert ``foreign'' after ``in''.
                                 ______
                                 
  SA 2637. Ms. BALDWIN (for herself, Ms. Stabenow, Mr. Peters, Mr. 
Johnson, and Mr. Jones) submitted an

[[Page S3630]]

amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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 126.
                                 ______
                                 
  SA 2638. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) amd intended to be proposed 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. DEBARMENT OF CONTRACTORS THAT FRAUDULENTLY 
                   MISREPRESENT STATUS FOR PURPOSES OF OBTAINING 
                   CERTAIN SET ASIDE CONTRACTS.

       (a) Civilian Contracts.--
       (1) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4713. Debarment of contractors that fraudulently 
       misrepresent status for purposes of obtaining certain set 
       aside contracts

       ``(a) In General.--Any business concern that is determined 
     by the head of an executive agency to have willfully and 
     intentionally misrepresented the status of that concern as a 
     small business concern owned and controlled by veterans or as 
     a small business concern owned and controlled by service-
     disabled veterans for the purpose of qualifying for a 
     contract awarded in accordance with the Government-wide goals 
     for procurement pursuant to section 15(g)(1) of the Small 
     Business Act (15 U.S.C. 644(g)(1) shall be debarred from 
     contracting with the Federal Government for a period of not 
     less than five years.
       ``(b) Process.--In the case of a debarment under subsection 
     (a), the head of the executive agency shall commence 
     debarment action against the business concern by not later 
     than 30 days after determining that the concern willfully and 
     intentionally misrepresented the status of the concern as 
     described in subsection (a) and shall complete debarment 
     actions against such concern by not later than 90 days after 
     such determination.
       ``(c) Consultation.--In making a determination under this 
     section, the head of an executive agency shall, as 
     appropriate, consult with the Secretary of Veterans Affairs 
     and the Administrator of the Small Business Administration.
       ``(d) Applicability.--The debarment of a business concern 
     under subsection (a) includes the debarment of all principals 
     in the business concern for a period of not less than five 
     years.
       ``(e) Definitions.--In this section:
       ``(1) The term `small business concern' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       ``(2) The term `small business concern owned and controlled 
     by veterans' has the meaning given the term in section 
     8127(l) of title 38.
       ``(3) The term `small business concern owned and controlled 
     by service-disabled veterans' has the meaning given the term 
     in section 3(q)(2) of the Small Business Act (15 U.S.C. 
     632(q)(2)).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 4712 the following new item:

``4713. Debarment of contractors that fraudulently misrepresent status 
              for purposes of obtaining certain set aside contracts.''.

       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, as amended by section 801, is further amended by 
     inserting after section 2339a the following new section:

     ``Sec. 2339b. Debarment of contractors that fraudulently 
       misrepresent status for purposes of obtaining certain set 
       aside contracts

       ``(a) In General.--Any business concern that is determined 
     by the head of an agency to have willfully and intentionally 
     misrepresented the status of that concern as a small business 
     concern owned and controlled by veterans or as a small 
     business concern owned and controlled by service-disabled 
     veterans for the purpose of qualifying for a contract awarded 
     in accordance with the Government-wide goals for procurement 
     pursuant to section 15(g)(1) of the Small Business Act (15 
     U.S.C. 644(g)(1) shall be debarred from contracting with the 
     Federal Government for a period of not less than five years.
       ``(b) Process.--In the case of a debarment under subsection 
     (a), the head of the agency shall commence debarment action 
     against the business concern by not later than 30 days after 
     determining that the concern willfully and intentionally 
     misrepresented the status of the concern as described in 
     subsection (a) and shall complete debarment actions against 
     such concern by not later than 90 days after such 
     determination.
       ``(c) Consultation.--In making a determination under this 
     section, the head of an agency shall, as appropriate, consult 
     with the Secretary of Veterans Affairs and the Administrator 
     of the Small Business Administration.
       ``(d) Applicability.--The debarment of a business concern 
     under subsection (a) includes the debarment of all principals 
     in the business concern for a period of not less than five 
     years.
       ``(e) Definitions.--In this section:
       ``(1) The term `small business concern' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       ``(2) The term `small business concern owned and controlled 
     by veterans' has the meaning given the term in section 
     8127(l) of title 38.
       ``(3) The term `small business concern owned and controlled 
     by service-disabled veterans' has the meaning given the term 
     in section 3(q)(2) of the Small Business Act (15 U.S.C. 
     632(q)(2)).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 801, is 
     further amended by inserting after the item relating to 
     section 2339a the following new item:

``2339b. Debarment of contractors that fraudulently misrepresent status 
              for purposes of obtaining certain set aside contracts.''.
                                 ______
                                 
  SA 2639. Ms. BALDWIN (for herself and Ms. Duckworth) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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 VI, add the following:

     SEC. 622. CREDIT TOWARD COMPUTATION OF YEARS OF SERVICE FOR 
                   NONREGULAR SERVICE RETIRED PAY UPON COMPLETION 
                   OF REMOTELY DELIVERED MILITARY EDUCATION OR 
                   TRAINING.

       (a) In General.--Section 12732(a)(2) of title 10, United 
     States Code, is amended--
       (1) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Such points (but not more than 10 points) as the 
     Secretary concerned determines to be appropriate for 
     successful completion of a course of instruction using 
     electronically delivered methodologies to accomplish military 
     education or training, unless the education or training is 
     performed while in a status for which credit is provided 
     under another subparagraph of this paragraph.''; and
       (2) by striking ``and (E)'' in the last sentence and 
     inserting ``(E), and (F)''.
       (b) Maximum Number of Points Per Service Year.--Section 
     12733(3) of such title is amended by striking ``or (D)'' and 
     inserting ``(D), or (F)''.
                                 ______
                                 
  SA 2640. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 X, add the following:

     SEC. 1018. CONTRACTS FOR THE MAINTENANCE OF NAVAL VESSELS IN 
                   NON-COASTWIDE AREAS OUTSIDE OF THE HOMEPORT OF 
                   THE VESSELS.

       Notwithstanding section 7299a of title 10, United States 
     Code, or any other provision of law, the Secretary of the 
     Navy may award a contract for the overhaul, repair, or 
     maintenance of a naval vessel to a firm that is located in a 
     non-coastwide area outside the area of the homeport of the 
     vessel, including a firm located in the Great Lakes or Gulf 
     Coast regions of the United States, if the Secretary 
     determines that such an award will reduce naval vessel 
     maintenance backlogs, improve fleet readiness, and support 
     the operational needs of the Navy.
                                 ______
                                 
  SA 2641. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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

[[Page S3631]]

strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

                Subtitle J--Made in America Shipbuilding

     SEC. 898. SHORT TITLE.

       This subtitle may be cited as the ``Made in America 
     Shipbuilding Act of 2018''.

     SEC. 898A. DOMESTIC SHIPBUILDING REQUIREMENT.

       (a) In General.--The head of an executive agency may not 
     enter into a contract related to the acquisition, 
     construction, or conversion of a vessel unless the vessel is 
     to be constructed or converted in the United States.
       (b) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given the term in 
     section 133 of title 41, United States Code.

     SEC. 898B. DOMESTIC SOURCING REQUIREMENT FOR SHIPBOARD 
                   COMPONENTS.

       (a) In General.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4713. Domestic sourcing requirement for shipboard 
       components

       ``(a) Requirement for United States Manufacture.--
       ``(1) Limitation on procurements.--The head of an executive 
     agency may procure any of the following components for 
     vessels only if the items are manufactured in the United 
     States:
       ``(A) In general.--The following components for vessels:
       ``(i) Air circuit breakers.
       ``(ii) Welded shipboard anchor and mooring chain with a 
     diameter of four inches or less.
       ``(iii) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(iv) Propulsion system components (engines, reduction 
     gears, and propellers).
       ``(v) Shipboard cranes.
       ``(vi) Spreaders for shipboard cranes.
       ``(vii) Capstans.
       ``(viii) Winches.
       ``(ix) Hoists.
       ``(x) Outboard motors.
       ``(xi) Windlasses.
       ``(B) Other components.--The following components of 
     vessels, to the extent they are unique to marine 
     applications: gyrocompasses, electronic navigation chart 
     systems, steering controls, pumps, propulsion and machinery 
     control systems, and totally enclosed lifeboats.
       ``(C) Valves and machine tools.--Items in the following 
     categories:
       ``(i) Powered and non-powered valves in Federal Supply 
     Classes 4810 and 4820 used in piping for naval surface ships 
     and submarines.
       ``(ii) Machine tools in the Federal Supply Classes for 
     metal-working machinery numbered 3405, 3408, 3410 through 
     3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 
     3449, 3460, and 3461.
       ``(2) Applicability to certain items.--Paragraph (1) does 
     not apply to a procurement of spare or repair parts needed to 
     support components for vessels produced or manufactured 
     outside the United States.
       ``(3) Waiver authority.--The head of an executive agency 
     may waive the limitation in paragraph (1) with respect to the 
     procurement of an item listed in that paragraph if the head 
     of the agency determines that any of the following apply:
       ``(A) Application of the limitation would increase the cost 
     of the overall acquisition by more than 25 percent or cause 
     unreasonable delays to be incurred.
       ``(B) Satisfactory quality items manufactured by a domestic 
     entity are not available or domestic production of such items 
     cannot be initiated without significantly delaying the 
     project for which the item is to be acquired.
       ``(C) Application of the limitation would result in the 
     existence of only one domestic source for the item.
       ``(D) Application of the limitation is not in the national 
     security interests of the United States.
       ``(4) Implementation of waiver authority.--
       ``(A) Non-delegation of authority.--The head of an agency 
     may not delegate the waiver authority under paragraph (3).
       ``(B) Publication.--Not later than 30 days after exercising 
     the waiver authority under paragraph (3), the head of the 
     agency shall publish in an easily identifiable location on 
     the website of the agency information regarding the waiver, 
     including a detailed justification for the waiver.
       ``(5) Annual report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has used a waiver described in this section in the fiscal 
     year shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on the total amount of waivers used 
     and detailed information regarding and justification for the 
     waiver.
       ``(b) Components Containing Specialty Metals.--
       ``(1) Limitation on procurements.--The head of an executive 
     agency may not enter into a contract for the procurement of 
     end items or components for ships that contain a specialty 
     metal not melted or produced in the United States.
       ``(2) Availability exception.--
       ``(A) In general.--Paragraph (1) does not apply to the 
     extent that the head of an executive agency determines that 
     compliant specialty metal of satisfactory quality and 
     sufficient quantity, and in the required form, cannot be 
     procured as and when needed. For purposes of the preceding 
     sentence, the term `compliant specialty metal' means 
     specialty metal melted or produced in the United States.
       ``(B) Applicability.--This paragraph applies to prime 
     contracts and subcontracts at any tier under such contracts.
       ``(3) Exception for certain acquisitions.--Paragraph (1) 
     does not apply to the following:
       ``(A) Acquisitions outside the United States in support of 
     combat operations or in support of contingency operations.
       ``(B) Acquisitions for which the use of procedures other 
     than competitive procedures has been approved on the basis of 
     section 3304(c) of this title, relating to unusual and 
     compelling urgency of need.
       ``(4) Exception relating to agreements with foreign 
     governments.--Paragraph (1) does not preclude the acquisition 
     of a specialty metal if--
       ``(A) the acquisition is necessary--
       ``(i) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       ``(ii) in furtherance of agreements with foreign 
     governments in which both such governments agree to remove 
     barriers to purchases of supplies produced in the other 
     country or services performed by sources of the other 
     country; and
       ``(B) any such agreement with a foreign government 
     complies, where applicable, with the requirements of section 
     36 of the Arms Export Control Act (22 U.S.C. 2776) and with 
     section 2457 of title 10.
       ``(5) Exception for small purchases.--Paragraph (1) does 
     not apply to acquisitions in amounts not greater than the 
     simplified acquisition threshold referred to in section 134 
     of this title.
       ``(6) Exception for purchases of electronic components.--
     Paragraph (1) does not apply to acquisitions of electronic 
     components, unless the head of the agency, with the 
     concurrence of the Secretary of Defense and upon the 
     recommendation of the Strategic Materials Protection Board 
     pursuant to section 187 of title 10, determines that the 
     domestic availability of a particular electronic component is 
     critical to national security.
       ``(7) Applicability to acquisitions of commercial items.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), this section applies to acquisitions of commercial 
     items, notwithstanding sections 1906 and 1907 of this title.
       ``(B) Exceptions.--This section does not apply to contracts 
     or subcontracts for the acquisition of commercially available 
     off-the-shelf items, as defined in section 104 of this title, 
     other than--
       ``(i) contracts or subcontracts for the acquisition of 
     specialty metals, including mill products, such as bar, 
     billet, slab, wire, plate and sheet, that have not been 
     incorporated into end items, subsystems, assemblies, or 
     components;
       ``(ii) contracts or subcontracts for the acquisition of 
     forgings or castings of specialty metals, unless such 
     forgings or castings are incorporated into commercially 
     available off-the-shelf end items, subsystems, or assemblies;
       ``(iii) contracts or subcontracts for commercially 
     available high performance magnets unless such high 
     performance magnets are incorporated into commercially 
     available off-the-shelf-end items or subsystems; and
       ``(iv) contracts or subcontracts for commercially available 
     off-the-shelf fasteners, unless such fasteners are--

       ``(I) incorporated into commercially available off-the-
     shelf end items, subsystems, assemblies, or components; or
       ``(II) purchased as provided in subparagraph (C).

       ``(C) Inapplicability to certain fasteners.--This 
     subsection does not apply to fasteners that are commercial 
     items that are purchased under a contract or subcontract with 
     a manufacturer of such fasteners, if the manufacturer has 
     certified that it will purchase, during the relevant calendar 
     year, an amount of domestically melted specialty metal, in 
     the required form, for use in the production of such 
     fasteners for sale to executive agencies and other customers, 
     that is not less than 50 percent of the total amount of the 
     specialty metal that it will purchase to carry out the 
     production of such fasteners.
       ``(8) Exceptions for purchases of specialty metals below 
     minimum threshold.--
       ``(A) In general.--Notwithstanding paragraph (1), the head 
     of an executive agency may accept delivery of an item 
     containing specialty metals that were not melted in the 
     United States if the total amount of noncompliant specialty 
     metals in the item does not exceed 2 percent of the total 
     weight of specialty metals in the item.
       ``(B) Exception.--This paragraph does not apply to high 
     performance magnets.
       ``(9) Streamlined compliance for commercial derivative 
     military articles.--
       ``(A) In general.--Paragraph (1) shall not apply to an item 
     acquired under a prime contract if the head of an executive 
     agency determines that--

[[Page S3632]]

       ``(i) the item is a commercial derivative military article; 
     and
       ``(ii) the contractor certifies that the contractor and its 
     subcontractors have entered into a contractual agreement, or 
     agreements, to purchase an amount of domestically melted 
     specialty metal in the required form, for use during the 
     period of contract performance in the production of the 
     commercial derivative military article and the related 
     commercial article, that is not less than the greater of--

       ``(I) an amount equivalent to 120 percent of the amount of 
     specialty metal that is required to carry out the production 
     of the commercial derivative military article (including the 
     work performed under each subcontract); or
       ``(II) an amount equivalent to 50 percent of the amount of 
     specialty metal that is purchased by the contractor and its 
     subcontractors for use during such period in the production 
     of the commercial derivative military article and the related 
     commercial article.

       ``(B) Determination of amount of specialty metal 
     required.--For the purposes of this paragraph, the amount of 
     specialty metal that is required to carry out the production 
     of the commercial derivative military article includes 
     specialty metal contained in any item, including commercially 
     available off-the-shelf items, incorporated into such 
     commercial derivative military article.
       ``(10) National security waiver.--
       ``(A) In general.--Notwithstanding paragraph (1), the head 
     of an executive agency may accept the delivery of an end item 
     containing noncompliant materials if the head of the 
     executive agency determines in writing that acceptance of 
     such end item is necessary to the national security interests 
     of the United States.
       ``(B) Requirements.--A written determination under 
     subparagraph (A)--
       ``(i) shall specify the quantity of end items to which the 
     waiver applies and the time period over which the waiver 
     applies; and
       ``(ii) shall be provided to Congress prior to making such a 
     determination (except that in the case of an urgent national 
     security requirement, such certification may be provided to 
     Congress up to 7 days after it is made).
       ``(C) Knowing or willful noncompliance.--
       ``(i) Determination.--In any case in which the head of an 
     executive agency makes a determination under subparagraph 
     (A), the head of the executive agency shall determine whether 
     or not the noncompliance was knowing and willful.
       ``(ii) Not knowing or willful noncompliance.--If the head 
     of the executive agency determines that the noncompliance was 
     not knowing or willful, the head of the executive agency 
     shall ensure that the contractor or subcontractor responsible 
     for the noncompliance develops and implements an effective 
     plan to ensure future compliance.
       ``(iii) Knowing or willful noncompliance.--If the head of 
     the executive agency determines that the noncompliance was 
     knowing or willful, the head of the executive agency shall--

       ``(I) require the development and implementation of a plan 
     to ensure future compliance; and
       ``(II) consider suspending or debarring the contractor or 
     subcontractor until such time as the contractor or 
     subcontractor has effectively addressed the issues that lead 
     to such noncompliance.

       ``(11) Specialty metal defined.--In this subsection, the 
     term `specialty metal' means any of the following:
       ``(A) Steel--
       ``(i) with a maximum alloy content exceeding one or more of 
     the following limits: manganese, 1.65 percent; silicon, 0.60 
     percent; or copper, 0.60 percent; or
       ``(ii) containing more than 0.25 percent of any of the 
     following elements: aluminum, chromium, cobalt, columbium, 
     molybdenum, nickel, titanium, tungsten, or vanadium.
       ``(B) Metal alloys consisting of nickel, iron-nickel, and 
     cobalt base alloys containing a total of other alloying 
     metals (except iron) in excess of 10 percent.
       ``(C) Titanium and titanium alloys.
       ``(D) Zirconium and zirconium base alloys.
       ``(12) Additional definitions.--In this subsection:
       ``(A) The term `United States' includes possessions of the 
     United States.
       ``(B) The term `component' has the meaning provided in 
     section 105 of this title.
       ``(C) The term `acquisition' has the meaning provided in 
     section 131 of this title.
       ``(D) The term `required form'--
       ``(i) shall not apply to end items or to their components 
     at any tier; and
       ``(ii) means in the form of mill product, such as bar, 
     billet, wire, slab, plate or sheet, and in the grade 
     appropriate for the production of--

       ``(I) a finished end item delivered to the executive 
     agency; or
       ``(II) a finished component assembled into an end item 
     delivered to the executive agency.

       ``(E) The term `commercially available off-the-shelf', has 
     the meaning provided in section 104 of this title.
       ``(F) The term `assemblies' means items forming a portion 
     of a system or subsystem that can be provisioned and replaced 
     as an entity and which incorporates multiple, replaceable 
     parts.
       ``(G) The term `commercial derivative military article' 
     means an item procured by the Department of Defense that is 
     or will be produced using the same production facilities, a 
     common supply chain, and the same or similar production 
     processes that are used for the production of articles 
     predominantly used by the general public or by 
     nongovernmental entities for purposes other than governmental 
     purposes.
       ``(H) The term `subsystem' means a functional grouping of 
     items that combine to perform a major function within an end 
     item, such as electrical power, attitude control, and 
     propulsion.
       ``(I) The term `end item' means the final production 
     product when assembled or completed, and ready for issue, 
     delivery, or deployment.
       ``(J) The term `subcontract' includes a subcontract at any 
     tier.
       ``(c) Use of United States Steel, Iron, Aluminum, and 
     Manufactured Products.--
       ``(1) In general.--The head of an executive agency may not 
     enter into a contract related to the construction of a vessel 
     unless the steel, iron, aluminum, and manufactured products 
     to be used in the construction of the vessel are produced in 
     the United States.
       ``(2) Exceptions.--The provisions of paragraph (1) shall 
     not apply where the head of an executive agency finds--
       ``(A) that their application would be inconsistent with the 
     public interest;
       ``(B) that such materials and products are not produced in 
     the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(C) that inclusion of domestic material will increase the 
     cost of the overall project contract by more than 25 percent.
       ``(3) Implementation of exceptions.--
       ``(A) Non-delegation of authority.--The head of an agency 
     may not delegate the authority to make a finding described in 
     paragraph (2).
       ``(B) Publication.--Not later than 30 days after making a 
     finding described in paragraph (2), the head of the agency 
     shall publish in an easily identifiable location on the 
     website of the agency information regarding the finding, 
     including a detailed justification for the exception.
       ``(4) Annual report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has made an exception finding described in paragraph (2) in 
     the fiscal year shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Government Reform of the House of 
     Representatives a report on the total amount of exceptions 
     used and detailed information regarding and justification for 
     the exceptions.
       ``(5) Calculation of component cost.--For purposes of this 
     subsection, in calculating components' costs, labor costs 
     involved in final assembly shall not be included in the 
     calculation.
       ``(6) Intentional violations.--If it has been determined by 
     a court or Federal agency that any person intentionally--
       ``(A) affixed a label bearing a `Made in America' 
     inscription, or any inscription with the same meaning, to any 
     product used in projects to which this section applies, sold 
     in or shipped to the United States that was not made in the 
     United States; or
       ``(B) represented that any product used in projects to 
     which this section applies, sold in or shipped to the United 
     States that was not produced in the United States, was 
     produced in the United States;
     that person shall be debarred from contracting with the 
     Federal Government for a period of not less than 5 years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 4712 the following new item:

``4713. Domestic sourcing requirement for shipboard components.''.

     SEC. 898C. CONFORMING AMENDMENTS RELATED TO DEPARTMENT OF 
                   DEFENSE PROVISIONS.

       (a) Use of United States Steel, Iron, Aluminum, and 
     Manufactured Products.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, as amended by section 801, is further amended by adding 
     at the end the following new section:

     ``Sec. 2339b. Use of United States steel, iron, aluminum, and 
       manufactured products in shipbuilding

       ``(a) In General.--The head of an agency may not enter into 
     a contract related to the construction of a vessel unless the 
     steel, iron, aluminum, and manufactured products to be used 
     in the construction of the vessel are produced in the United 
     States.
       ``(b) Exceptions.--The provisions of subsection (a) shall 
     not apply where the head of the agency finds--
       ``(1) that their application would be inconsistent with the 
     public interest;
       ``(2) that such materials and products are not produced in 
     the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(3) that inclusion of domestic material will increase the 
     cost of the overall project contract by more than 25 percent.
       ``(c) Implementation of Exceptions.--
       ``(1) Non-delegation of authority.--The head of an agency 
     may not delegate the authority to make a finding described in 
     subsection (b).
       ``(2) Publication.--Not later than 30 days after making a 
     finding described in subsection (b), the head of the agency 
     shall publish in an easily identifiable location on the 
     website of the agency information regarding

[[Page S3633]]

     the finding, including a detailed justification for the 
     exception.
       ``(d) Annual Report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has made an exception finding described in subsection (b) in 
     the fiscal year shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the total amount of exceptions used and detailed 
     information regarding and justification for the exceptions.
       ``(e) Calculation of Component Cost.--For purposes of this 
     section, in calculating components' costs, labor costs 
     involved in final assembly shall not be included in the 
     calculation.
       ``(f) Intentional Violations.--If it has been determined by 
     a court or Federal agency that any person intentionally--
       ``(1) affixed a label bearing a `Made in America' 
     inscription, or any inscription with the same meaning, to any 
     product used in projects to which this section applies, sold 
     in or shipped to the United States that was not made in the 
     United States; or
       ``(2) represented that any product used in projects to 
     which this section applies, sold in or shipped to the United 
     States that was not produced in the United States, was 
     produced in the United States;
     that person shall be debarred from contracting with the 
     Federal Government for a period of not less than 5 years.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 801, is 
     further amended by adding after the item relating to section 
     2339a the following new item:

``2339b. Use of United States steel, iron, aluminum, and manufactured 
              products in shipbuilding.''.

       (b) Miscellaneous Limitations on the Procurement of Goods 
     Other Than United States Goods.--
       (1) In general.--Section 2534(a)(3)(A) of title 10, United 
     States Code, is amended by adding at the end the following 
     new clauses:
       ``(iv) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(v) Propulsion system components (engines, reduction 
     gears, and propellers).
       ``(vi) Shipboard cranes.
       ``(vii) Spreaders for shipboard cranes.
       ``(viii) Capstans.
       ``(ix) Winches.
       ``(x) Hoists.
       ``(xi) Outboard motors.
       ``(xii) Windlasses.''.
       (2) Applicability of previously sunsetted provisions.--
     Subsection (c)(2)(C) of section 2534 of title 10, United 
     States Code, is amended by striking ``shall cease to be 
     effective on October 1, 2005'' and inserting ``shall be in 
     effect during--
       ``(i) the period beginning on the date of the enactment of 
     this paragraph and ending on October 1, 1996; and
       ``(ii) the period beginning on the date of the enactment of 
     the Made in America Shipbuilding Act of 2018.''.

     SEC. 898D. APPLICABILITY.

       The requirements under this subtitle and the amendments 
     made by this subtitle--
       (1) apply to contracts entered into on or after the date of 
     the enactment of this Act; and
       (2) do not apply to--
       (A) contracts entered into before the date of the enactment 
     of this Act; or
       (B) options included as part of such contracts as of such 
     date of enactment.
                                 ______
                                 
  SA 2642. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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:

       In the funding table in section 4101, in the item relating 
     to Joint Light Tactical Vehicle, strike the amount in the 
     Senate Authorized column and insert ``1,319,436''.
       In the funding table in section 4101, in the item relating 
     to Total Other Procurement, Army, strike the amount in the 
     Senate Authorized column and insert ``7,986,329''.
       In the funding table in section 4101, in the item relating 
     to O/A-X Light Attack Aircraft, strike the amount in the 
     Senate Authorized column and insert ``100,000''.
       In the funding table in section 4101, in the item relating 
     to Total Aircraft Procurement, Air Force, strike the amount 
     in the Senate Authorized column and insert ``16,370,737''.
                                 ______
                                 
  SA 2643. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. ___. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR 
                   PURPOSES OF BANKRUPTCY LAWS, CERTAIN PAYMENTS 
                   FROM DEPARTMENT OF VETERANS AFFAIRS AND 
                   DEPARTMENT OF DEFENSE.

       Section 101(10A) of title 11, United States Code, is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B)(i) includes any amount paid by any entity other than 
     the debtor (or in a joint case the debtor and the debtor's 
     spouse), on a regular basis for the household expenses of the 
     debtor or the debtor's dependents (and in a joint case the 
     debtor's spouse if not otherwise a dependent); and
       ``(ii) excludes--
       ``(I) benefits received under the Social Security Act;
       ``(II) payments to victims of war crimes or crimes against 
     humanity on account of their status as victims of such 
     crimes;
       ``(III) payments to victims of international terrorism (as 
     defined in section 2331 of title 18) or domestic terrorism 
     (as defined in section 2331 of title 18) on account of their 
     status as victims of such terrorism;
       ``(IV) compensation under chapter 11 of title 38;
       ``(V) compensation under chapter 13 of title 38;
       ``(VI) pension under chapter 15 of title 38;
       ``(VII) retired pay payable to members of the Armed Forces 
     retired under section 1201 or 1204 of title 10;
       ``(VIII) retired pay payable to members of the Armed Forces 
     placed on the temporary disability retired list under section 
     1202 or 1205 of title 10;
       ``(IX) disability severance pay payable under section 1212 
     of title 10 to members separated from the Armed Forces under 
     section 1203 or 1206 of that title;
       ``(X) retired pay payable in accordance with section 1201 
     or 1202 of title 10, or disability severance pay payable in 
     accordance with section 1203 of that title, to members of the 
     Armed Forces eligible for such pay by reason of section 1207a 
     of that title;
       ``(XI) combat-related special compensation payable under 
     section 1413a of title 10;
       ``(XII) any monthly annuity payable under the Survivor 
     Benefit Plan under subchapter II of chapter 73 of title 10 if 
     the participant in the Plan with respect to whom the annuity 
     is payable was retired for physical disability under chapter 
     61 of that title;
       ``(XIII) the special survivor indemnity allowance payable 
     under section 1450(m) of title 10; and
       ``(XIV) any monthly special compensation payable to members 
     of the uniformed services with catastrophic injuries or 
     illnesses under section 439 of title 37.''.
                                 ______
                                 
  SA 2644. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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. STUDY AND REPORT ON SERVICEMEMBER ACCESS TO STUDENT 
                   LOAN FORGIVENESS.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Judge Advocate General for each Armed Force, and in 
     coordination with any other agency determined to be necessary 
     by the Secretary, shall conduct a study of instances in which 
     current and former servicemembers have attempted to pursue 
     student loan forgiveness under the Public Service Loan 
     Forgiveness Program authorized under section 455(m) of the 
     Higher Education Act of 1965 (20 U.S.C. 1087e(m)) (referred 
     to in this section as the ``Public Service Loan Forgiveness 
     Program'') and have experienced obstacles to accessing the 
     full benefit of that program, including circumstances in 
     which a servicemember was provided inaccurate or incomplete 
     information by a Federal student loan servicer or by any 
     Federal Government personnel related to--
       (1) whether the type of student loan owed by a borrower is 
     eligible for loan forgiveness under the Public Service Loan 
     Forgiveness Program;
       (2) enrollment in a qualifying Federal student loan 
     repayment plan;
       (3) documentation of one or more required ``on-time'' 
     monthly payments, including payments made under a student 
     loan repayment program administered by the Department of 
     Defense; or
       (4) certification of qualifying public service employment.
       (b) Study on Effects on Military Readiness.--The study 
     described under subsection (a) shall also include a study of 
     the effects of the Public Service Loan Forgiveness Program on 
     military readiness. Such study shall include the effects of 
     the program on--
       (1) recruitment and retention, including recruitment and 
     retention of officers, for each Armed Force, including the 
     National Guard and Reserve Components;

[[Page S3634]]

       (2) recruitment and retention of health professionals in 
     the Army Medical Department, the Navy Bureau of Medicine and 
     Surgery, the Air Force Medical Services, or in any other 
     Department, Bureau, or Service in any Armed Force;
       (3) recruitment for the Judge Advocate General for each 
     Armed Force; and
       (4) retention for the Judge Advocate General for each Armed 
     Force.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Judge Advocate General for each Armed 
     Force, and in coordination with any other agency determined 
     to be necessary, shall submit a report to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     that includes the following:
       (1) A summary of the findings of the study required under 
     subsection (a).
       (2) Descriptive information about student debt owed by 
     servicemembers, including--
       (A) an estimate of the average amount of student debt owed 
     by servicemembers in each Armed Force; and
       (B) an estimate of the percentage of servicemembers who owe 
     student debt in each Armed Force.
       (3) Recommendations regarding how Congress, or a Federal 
     agency, could provide servicemembers with additional 
     flexibility--
       (A) in circumstances in which borrowers were provided 
     inaccurate or incomplete information by a student loan 
     servicer or by any Federal Government personnel; and
       (B) in any other circumstances that the Secretary of 
     Defense determines are necessary to ensure that borrowers are 
     able to obtain the full benefit of the Public Service Loan 
     Forgiveness Program.
       (4) Ways to ensure that in circumstances in which a student 
     loan servicer or Federal Government agency is unable to 
     produce records that contradict an attestation by a borrower 
     of an instance in which that borrower was provided inaccurate 
     or incomplete information, as described subsection (a), such 
     an attestation shall be considered sufficient evidence that 
     the borrower was provided with inaccurate or incomplete 
     information.
       (5) Recommendations for how Congress and other relevant 
     Federal agencies can strengthen the implementation of Public 
     Service Loan Forgiveness Program to ensure that the program 
     can best support recruitment, retention, and readiness in the 
     Armed Forces.
       (d) Judge Advocate General.--In this section, the term 
     ``Judge Advocate General'' includes the following:
       (1) The Staff Judge Advocate to the Commandant of the 
     Marine Corps, in the Case of the Marine Corps.
       (2) An official designated to serve as the Judge Advocate 
     General of the Coast Guard by the Secretary of Homeland 
     Security.
                                 ______
                                 
  SA 2645. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. SENSE OF CONGRESS ON SERVICE ACQUISITION REFORM.

       (a) Findings.--Congress makes the following findings:
       (1) Failure to expeditiously implement the improvements 
     required by section 2329 of title 10, United States Code, is 
     an opportunity cost to buying back the readiness and 
     modernizing the Department of Defense's capabilities.
       (2) Every unaccountable expenditure of funds has the 
     potential for waste and duplication of effort.
       (3) The Government Accountability Office determined in a 
     February 20016 report that the Department of Defense's 
     contract services budget justifications ``provide limited 
     visibility to Congress on planned spending, and the primary 
     exhibit for contracted services does not meet statutory 
     reporting requirements''.
       (4) Financial auditability requires assurance that funds 
     are obligated and expended in the proper amounts during the 
     appropriate time periods consistent with their intended 
     purposes.
       (5) The Department's most recent contractor inventories 
     submitted to Congress on February 25, 2018, included 
     ``approximately 25 percent, or just under $42 billion, of the 
     department's total $160 billion-plus spend for contracted 
     services''.
       (6) The Department committed on April 16, 2018, to provide 
     Future Year Defense Program level detail to support the 
     budget exhibit required by section 2329 and committed to 
     provide bi-annual briefings on its progress in implementing 
     this requirement.
       (7) The Office of the Chief Management Officer Reform teams 
     have been coordinating efforts to meet the requirement for 
     Future Year Defense Program detail for contract services.
       (8) The Under Secretary of Defense, Comptroller uses object 
     classes from the Office of Management and Budget Circular A-
     11, Preparation, Submission, and Execution of the Budget 
     (July 2017) displayed in budget justifications exhibits 
     arranged by appropriation.
       (9) The Under Secretary of Defense for Acquisition and 
     Sustainment uses Services Portfolio Groups constructed from 
     Product Services Codes used in the Federal Procurement Data 
     System-Next Generation based on the definition of services 
     contracts in part 37 of the Federal Acquisition Regulation.
       (10) The Under Secretary of Defense for Personnel and 
     Readiness has issued policies for determining the appropriate 
     mix between the Department of Defense civilian workforce and 
     contract services and how to evaluate their scope based on 
     functions that have been or should be performed by the 
     military and the civilian Federal government workforce in 
     Department of Defense Instruction 1100.22, Policy and 
     Procedures for Determining Workforce Mix.
       (11) The Director of Cost and Program Evaluation has issued 
     policies for comparing the costs of the Department of Defense 
     civilian workforce and contract services in Department of 
     Defense Instruction 7041.04, Estimating and Comparing the 
     Full Costs of Civilian and Active Duty Military Manpower and 
     Contract Support.
       (12) Full accountability for the approximately 
     $160,000,000,000 spent annually on contract services is 
     required for good stewardship on behalf of the taxpayer 
     irrespective of whether these funds are expended through 
     prime or subcontract arrangements and irrespective of the 
     method of procurement used, whether as a commercial item or 
     service or any other means.
       (b) Sense of Congress.--Congress--
       (1) supports full implementation of Future Year Defense 
     Program detail visibility of spending on contract services to 
     accompany the budget exhibit required by section 2329 of 
     title 10, United States Code; and
       (2) supports Department of Defense efforts to coordinate 
     consistent and broad definitions of services contracts to 
     ensure full accountability for every dollar obligated and 
     expended with the full expectation that any future 
     clarifications of services contract definitions will not 
     reduce the scope of coverage of the $160,000,000,000 
     currently spent on contract services.
                                 ______
                                 
  SA 2646. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 1 and insert the following:

     SECTION 1. SHORT TITLE.

       (a) In General.--This Act may be cited as the ``John S. 
     McCain III National Defense Authorization Act for Fiscal Year 
     2019''.
       (b) References.--Any reference in this or any other Act to 
     the ``National Defense Authorization Act for Fiscal Year 
     2019' '' shall be deemed to be a reference to the ``John S. 
     McCain III National Defense Authorization Act for Fiscal Year 
     2019''.
                                 ______
                                 
  SA 2647. Mr. GRAHAM submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 VI, add the following:

     SEC. 622. PAYMENT FROM DEPARTMENT OF DEFENSE MILITARY 
                   RETIREMENT FUND OF DEATH GRATUITIES FOR MEMBERS 
                   OF THE ARMED FORCES AND CERTAIN OTHER PERSONS 
                   THAT ARE PAYABLE DURING A LAPSE IN 
                   APPROPRIATIONS.

       (a) Payment Authorized.--Section 1480(d) of title 10, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(d)''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) If a payment under section 1475 of this title 
     would otherwise occur but for a lapse in appropriations, the 
     payment shall be made from amounts in the Department of 
     Defense Military Retirement Fund under chapter 74 of this 
     title.
       ``(B) The Department of Defense Military Retirement Fund 
     shall be reimbursed for the amount of any payments made from 
     the Fund pursuant to this paragraph during a lapse in 
     appropriations at the conclusion of the lapse in 
     appropriations. Amounts for such reimbursements shall be 
     derived from appropriations available for the payment of 
     members of the armed force concerned.
       ``(C) In this paragraph, the term `lapse in appropriations' 
     means any portion of a fiscal

[[Page S3635]]

     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.''.
       (b) Conforming Amendments Relating to DoD Military 
     Retirement Fund.--
       (1) Reimbursements of payments as asssets of mrf.--Section 
     1462 of title 10, United States Code, is amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Any reimbursements of the Fund under section 
     1480(d)(2)(B) of this title for payments made as provided for 
     in section 1480(d)(2)(A) of this title.''.
       (2) Availability of funds in mrf for payments.--Section 
     1463(a) of such title is amended--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph (6):
       ``(6) amounts payable for death gratuities under section 
     1475 of this title during a lapse in appropriations as 
     provided for by section 1480(d)(2) of this title.''.
                                 ______
                                 
  SA 2648. Mr. GRAHAM (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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 I, add the following:

     SEC. 129. MARINE CORPS INFANTRY AUTOMATIC RIFLE.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for the 
     Marine Corps for fiscal year 2019 may be used to procure the 
     M27 Infantry Automatic Rifle in any quantity that would 
     result in the Marine Corps inventory exceeding 16,842 
     weapons, a number that is in accordance with the Marine Corps 
     approved acquisition objective as of the date of the 
     enactment of this Act.
       (b) Future Procurements.--In awarding any future contracts 
     for the M27 Infantry Automatic Rifle Program, the Commandant 
     of the Marine Corps shall use full and open competition to 
     the maximum extent practicable.
       (c) Procedures Other Than Full and Open Competition.--The 
     Commandant of the Marine Corps may not award any future 
     contract for the M27 Infantry Automatic Rifle Program beyond 
     the limitation set forth in subsection (a) using procedures 
     other than full and open competition until such time as the 
     Commandant provides the congressional defense committees with 
     a detailed justification for limiting full and open 
     competition for the procurement of the M27 Infantry Automatic 
     Rifle, including a description of the objectives, costs, and 
     timelines associated with the procurement.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Commandant of the Marine Corps 
     shall submit to the congressional defense committees a 
     detailed report that describes and assesses the following 
     matters:
       (1) The small arms modernization strategy across the Marine 
     Corps, including all planned contracting activities for 
     fiscal year 2019 and the future years defense program.
       (2) The Infantry Automatic Rifle validated requirement and 
     related acquisition strategy.
       (3) The efforts within the Marine Corps to conduct a full 
     and open competition to replace the M4 carbine.
                                 ______
                                 
  SA 2649. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 SECURITY COOPERATION AND ENGAGEMENT WITH 
                   TAIWAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should--
       (1) increase senior level visits to Taiwan; and
       (2) conduct bilateral defense exchanges with Taiwan that 
     focus on matters such as--
       (A) maritime security;
       (B) threat analysis;
       (C) military doctrine;
       (D) force planning;
       (E) logistical support;
       (F) intelligence collection and analysis;
       (G) operational tactics, techniques, and procedures;
       (H) humanitarian assistance and disaster relief; and
       (I) civil-military relations.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall submit to the 
     appropriate committees of Congress a report on ways in which 
     the United States Government may increase security 
     cooperation and engagement with Taiwan.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A detailed list of current lines of engagement between 
     Taiwan and the United States relating to bilateral security 
     cooperation and an assessment of any additional lines of 
     effort that are planned for the future.
       (B) A detailed list of military activities conducted by the 
     People's Republic of China, including exercises in the Taiwan 
     Strait and other threatening posture moves, that are intended 
     to undermine the peace and stability of Taiwan.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2650. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. 12__. SENSE OF CONGRESS ON REGULAR TRANSITS IN THE 
                   TAIWAN STRAIT.

       It is the sense of Congress that the United States Navy 
     should conduct regular transits in the Taiwan Strait.
                                 ______
                                 
  SA 2651. Mr. GARDNER (for himself and Mr. Bennet) 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:

       In section 315, beginning in subsection (b), strike 
     paragraph (2) and all that follows through subsection (g) and 
     insert the following:
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the drinking water are the 
     result of activities conducted by or paid for by the 
     Department of the Army or the Department of the Air Force at 
     a military installation or at a State-owned National Guard 
     installation;
       (3) such treatment takes place only during the fiscal year 
     in which the request was made;
       (4) the local water authority waives all claims against the 
     United States and the National Guard for treatment expenses 
     incurred before the fiscal year during which the treatment is 
     taking place; and
       (5) the cost of any treatment provided pursuant to 
     subsection (a) does not exceed the actual cost of the 
     treatment attributable to the activities conducted by or paid 
     for by the Department of the Army or the Department of the 
     Air Force, as the case may be.
       (c) Existing Agreements.--Treatment of drinking water 
     pursuant to subsection (a) may be provided without regard to 
     existing contractual provisions in agreements between the 
     Department of the Army, the Department of the Air Force, or 
     the National Guard Bureau, as the case may be, and the State 
     in which the base is located relating to environmental 
     response actions or indemnification.
       (d) Authority To Enter Into Agreements.--The Secretary 
     concerned may enter into such grants, cooperative agreements, 
     or contracts with a local water authority as may be necessary 
     to implement this section.
       (e) Use of DSMOA.--Using funds authorized to be 
     appropriated by section 301 for operation and maintenance, 
     the Secretary concerned may pay, utilizing an existing 
     Defense-State Memorandum of Agreement, costs that would 
     otherwise be eligible for payment under that agreement.
       (f) Termination of Authority.--The authority under this 
     section shall terminate on September 30, 2021.
       (g) Retroactive Effect.--Notwithstanding paragraphs (1), 
     (3), (4) of subsection

[[Page S3636]]

     (b), the Secretary concerned may reimburse a local water 
     authority or a State for the treatment of drinking water 
     pursuant to this section if--
       (1) the local water authority or state requested such a 
     payment from the National Guard Bureau, the Department of the 
     Army, or the Department of the Air Force prior to March 1, 
     2018, or the National Guard Bureau, the Department of the 
     Army, or the Department of the Air Force was aware of a 
     treatment plan by the local water authority or state prior to 
     that date; and
       (2) the local water authority or the State, as the case may 
     be, waives all claims against the United States, the 
     Department of the Army, the Department of the Air Force, and 
     the National Guard for treatment expenses incurred before 
     January 1, 2018.
                                 ______
                                 
  SA 2652. Mr. GARDNER (for himself and Mr. Bennet) 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. 28___. PERFLUOROOCTANOIC ACID AND 
                   PERFLUOROOCTANESULFONIC ACID RESPONSE COSTS.

       Any environmental services agreement or memorandum of 
     understanding entered into between the Secretary of Defense 
     and a community with respect to the detection of 
     perfluorooctanoic acid or perfluorooctanesulfonic acid shall 
     be deemed to be effective as of May 19, 2016.
                                 ______
                                 
  SA 2653. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 THE CAPABILITIES AND ACTIVITIES OF THE 
                   ISLAMIC STATE OF IRAQ AND SYRIA AND OTHER 
                   VIOLENT EXTREMIST GROUPS IN SOUTHEAST ASIA.

       (a) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall submit to the 
     appropriate committees of Congress a report setting forth an 
     assessment of the current and future capabilities and 
     activities of the Islamic State of Iraq and Syria (ISIS) and 
     other violent extremist groups in Southeast Asia.
       (b) Elements.--The report shall include the following:
       (1) The current number of Islamic State of Iraq and Syria 
     fighters in Southeast Asia.
       (2) The estimated number of Islamic State of Iraq and Syria 
     fighters expected to return to Southeast Asia from fighting 
     in the Middle East.
       (3) An assessment of the root causes of violent extremism 
     in Southeast Asia that have led to the rise of the Islamic 
     State of Iraq and Syria in Southeast Asia.
       (4) The current resources available to combat the threat of 
     the Islamic State of Iraq and Syria in Southeast Asia, and 
     the additional resources required to combat that threat.
       (5) A detailed assessment of the capabilities of the 
     Islamic State of Iraq and Syria to operate effectively in 
     countries such as the Philippines, Indonesia, and Malaysia.
       (6) A description of the capabilities and resources of 
     governments of countries in Southeast Asia to counter violent 
     extremist groups.
       (7) A list of additional United States resources and 
     capabilities, including development assistance, that the 
     Department of Defense and the Department od State recommend 
     providing to governments in Southeast Asia to combat violent 
     extremist groups.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 2654. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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. INFORMATION ON RESOURCES AVAILABLE FOR THOSE 
                   IMPACTED BY SEXUAL ASSAULT OR SEXUAL HARASSMENT 
                   IN PRESEPARATION COUNSELING PROVIDED TO MEMBERS 
                   OF THE ARMED FORCES.

       Section 1142(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (12) through (18) as 
     paragraphs (13) through (19), respectively; and
       (2) by inserting after paragraph (11) the following new 
     paragraph (12):
       ``(12) Information concerning the availability of resources 
     for those impacted by sexual assault or sexual harassment.''.
                                 ______
                                 
  SA 2655. Mr. MERKLEY (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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. __. IMPROVING THE ESSENTIAL AIR SERVICE PROGRAM.

       Section 41731 of title 49, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(g) Exception for Certain Locations With High Military 
     Use.--Subparagraph (D) of subsection (a)(1) shall not apply 
     with respect to any location that--
       ``(1) is certified under part 139 of title 14, Code of 
     Federal Regulations;
       ``(2) is not owned by the Federal government; and
       ``(3) for which not less than 10 percent of airport 
     operations in 2017 were by aircraft of the Armed Forces.''.
                                 ______
                                 
  SA 2656. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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. __. REPORT ON EFFORTS IN AFGHANISTAN.

       (a) Findings.--The Senate makes the following findings:
       (1) After more than 16 years, the conflict in Afghanistan 
     continues to present a whole-of-government challenge to the 
     United States.
       (2) More than $800,000,000,000, or by some estimates, 
     trillions of taxpayer dollars have been spent on the conflict 
     in Afghanistan.
       (3) More than 2,200 United States lives have been lost, and 
     more than 20,000 Americans have been wounded in operations in 
     Afghanistan.
       (4) The efforts and investment of the United States in 
     Afghanistan have been undermined by endemic corruption, which 
     is a strategic threat to United States interests that has 
     cost United States taxpayers billions of dollars. Systemic 
     corruption in Afghanistan continues to compromise the 
     effectiveness of United States programs and has a negative 
     impact on the ability of the United States to build trust and 
     credibility with communities in Afghanistan.
       (5) The May 2018 Special Investigation General for 
     Afghanistan Reconstruction report on the United States 
     stabilization strategy and associated programs in Afghanistan 
     made the following findings:
       (A) The United States Government greatly overestimated its 
     ability to build and reform government institutions in 
     Afghanistan as part of its stabilization strategy.
       (B) The stabilization strategy and the programs used to 
     achieve such strategy were not properly tailored to the 
     Afghan context.
       (C) The large sums of stabilization dollars the United 
     States devoted to Afghanistan in search of quick gains often 
     exacerbated conflicts, enabled corruption, and bolstered 
     support for insurgents.
       (D) Since the coalition prioritized the most dangerous 
     districts first, the coalition continuously struggled to 
     clear the districts of insurgents, and as a result, the 
     coalition did not make sufficient progress to convince 
     Afghans in such districts that the government could protect 
     them if they openly turned against the insurgents;

[[Page S3637]]

       (E) Efforts by United States agencies to monitor and 
     evaluate stabilization programs were generally poor.
       (F) Successes in stabilizing Afghan districts rarely lasted 
     longer than the physical presence of coalition troops and 
     civilians.
       (G) Stabilization was most successful in areas that were 
     clearly under the physical control of government security 
     forces, had a modicum of local governance in place prior to 
     programming, were supported by coalition forces and civilians 
     who recognized the value of close cooperation, and were 
     continuously engaged by their government as programming 
     ramped up.
       (b) Sense of Senate.--It is the sense of the Senate that 
     United States strategy on engagement in Afghanistan should 
     approach the challenges described in subsection (a) with 
     coordinated diplomatic, security, and development efforts 
     that include--
       (1) a view toward assisting the Afghan government and 
     people, at every level, in transitioning towards sustainable 
     independence and stability;
       (2) accountability for adherence to the rule of law and 
     support for human rights; and
       (3) the goal of ending United States military presence in 
     Afghanistan.
       (c) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense, in 
     coordination with the heads of each Federal agency involved, 
     shall submit to the appropriate committees of Congress a 
     report detailing the United States whole-of-government 
     efforts in Afghanistan.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The United States diplomatic strategy on Afghanistan, 
     including--
       (i) efforts to support and assist effective governance at 
     the Federal level and foster cooperation and mutual 
     accountability between the Government of Afghanistan and 
     provincial and local leadership in Afghanistan;
       (ii) efforts to ensure that Afghan partners at all levels 
     demonstrate accountability for--

       (I) adhering to the rule of law; and
       (II) ensuring that women, children, and marginalized groups 
     are protected and crimes or abuses against such groups are 
     fully investigated and prosecuted;

       (iii) efforts to promote cooperation among the various 
     ethnic communities of Afghanistan;
       (iv) efforts to support and encourage reconciliation 
     between the Government of Afghanistan and insurgent groups 
     such as the Taliban, while continuing to counter the 
     destabilizing actions of terrorist groups;
       (v) efforts to support institutional reforms, especially 
     those relating to anti-corruption, inclusive governance, 
     electoral reforms, and financial transparency;
       (vi) efforts to encourage the neighbors of Afghanistan to 
     cooperate in support of Afghan security and economic 
     stability and promote regional investment in development and 
     political solutions; and
       (vii) efforts to ensure that partner governments and 
     organizations are actively working to support access by women 
     to education, political representation, employment, medical 
     care, housing, and other economic opportunities.
       (B) The United States defense and security strategy on 
     Afghanistan, including--
       (i) United States force levels in Afghanistan and the 
     missions to which such forces are dedicated;
       (ii) prospects and a timeframe for completely transitioning 
     responsibility for security to the Afghan National Defense 
     and Security Forces; and
       (iii) assessments of law enforcement training efforts and 
     measurable impact.
       (C) The United States development strategy in Afghanistan, 
     including-
       (i) the ability of the Department of State and the United 
     States Agency for International Development to deliver, 
     monitor, and evaluate development assistance;
       (ii) the ability of the World Bank to deliver, monitor, and 
     evaluate on-budget development assistance;
       (iii) estimates of the cost to United States and World Bank 
     programs due to corruption, fraud, waste, and abuse in 
     implementation and other stages of development projects, and 
     including an assessment of preventative and punitive efforts 
     taken by the Government of Afghanistan and others to 
     consistently confront corruption, fraud, waste, and abuse;
       (iv) an assessment of the measurable impacts of United 
     States-taxpayer funded development efforts since 2002;
       (v) the ability of the Government of Afghanistan and non-
     governmental institutions in Afghanistan to absorb 
     development assistance at a pace that builds towards 
     incremental independent sustainability;
       (vi) the social and political impacts of corruption in the 
     Government of Afghanistan, and at local government levels, on 
     the sustainability of planned or implemented development 
     efforts, and an assessment of the means and prospects for 
     preventing, investigating, and ensuring accountability for 
     incidents of corruption; and
       (vii) the limitation on development efforts as a result of 
     the unstable security conditions in Afghanistan.
       (3) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Committee on the Judiciary, and the 
     Select Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Committee on the Judiciary, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 2657. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 section 1001, add the following:
       (e) Mandatory Transfer.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall 
     transfer 0.1 percent of the amount appropriated or otherwise 
     made available under this division for fiscal year 2019 from 
     the Department of Defense to the Department of State for 
     expenses of educational and cultural exchange programs.
                                 ______
                                 
  SA 2658. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. 
McCain) and intended to be proposed 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 VIII, add the following:

     SEC. 834. REPORT ON COST CHANGES IN MAJOR DEFENSE ACQUISITION 
                   PROGRAMS.

       (a) Report Required.--The Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the congressional 
     defense committees and the Committees on the Budget of the 
     Senate and the House of Representatives an annual report on 
     total acquisition cost estimate changes in the major defense 
     acquisition programs of the Department of Defense, as 
     measured from each individual program's first full estimate.
       (b) Information To Be Included.--The report required under 
     subsection (a) shall include--
       (1) a listing of all major defense acquisition programs for 
     the previous quarter ending December 31;
       (2) identification of the total acquisition cost estimates 
     for each program identified in paragraph (1) for the previous 
     quarter ending December 31;
       (3) identification of the first full estimate of total 
     acquisition cost for each program identified in paragraph 
     (1); and
       (4) a calculation of the total acquisition cost-estimate 
     change, both in terms of dollars and percentage of total, 
     since the first full estimate for each program identified in 
     paragraph (1) for the previous quarter ending December 31.
       (c) Other Requirements.--The report required under 
     subsection (a) shall present all cost information in constant 
     year dollars to correspond with the year in which the report 
     is submitted.
       (d) Definitions.--
       (1) The term ``total acquisition cost estimate'' means a 
     program's estimated total expenditure of research, 
     development, test, and evaluation; procurement; acquisition-
     related operations and maintenance; and system-specific 
     military construction funds.
       (2) The term ``first full estimate of total acquisition 
     cost'' means a program's first total acquisition cost 
     estimate set in an acquisition program baseline, in 
     accordance with section 2435 of title 10, United States Code. 
     For a development program, the first full estimate is either 
     the program's planning estimate, if one was established, or 
     the development estimate established at the time of Milestone 
     B approval (as that term is defined in section 2366(e) of 
     title 10, United States Code), whichever estimate occurred 
     first. For programs that entered the acquisition cycle, or 
     became major defense acquisition programs, at the time of 
     Milestone C approval (as that term is defined in section 
     2366(e) of title 10, United States Code), the production 
     estimate would be the first full estimate.
                                 ______
                                 
  SA 2659. Mr. SANDERS (for himself, Ms. Warren, and Mr. Merkley) 
submitted an amendment intended to be proposed to amendment SA 2282 
submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be 
proposed to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department

[[Page S3638]]

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 XII, add the following:

     SEC. 12__. SENSE OF CONGRESS ON LACK OF AUTHORIZATION FOR USE 
                   OF ARMED FORCES AGAINST IRAN.

       It is the sense of Congress that the use of the Armed 
     Forces against Iran is not authorized by this Act or any 
     other Act of Congress.
                                 ______
                                 
  SA 2660. Mr. SANDERS (for himself, Mr. Lee, Mr. Blumenthal, Mr. 
Durbin, Mr. Leahy, Mrs. Feinstein, Mr. Markey, Ms. Baldwin, and Ms. 
Warren) submitted an amendment intended to be proposed to amendment SA 
2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended 
to be proposed 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. 12__. LIMITATION ON AVAILABILITY OF FUNDS FOR UNITED 
                   STATES AIR REFUELING OF SAUDI-LED COALITION 
                   NON-UNITED STATES MILITARY AIRCRAFT FOR 
                   MISSIONS IN YEMEN CONDUCTED AGAINST HOUTHI 
                   REBELS.

       None of the funds authorized to be appropriated by this Act 
     are authorized to be made available for the procurement or 
     transfer of fuel for United States air refueling of Saudi-led 
     coalition non-United States military aircraft for missions in 
     Yemen conducted against the Houthi rebels.
                                 ______
                                 
  SA 2661. Mr. TESTER submitted an amendment intended to be proposed to 
amendment SA 2326 submitted by Mr. Tester and intended to be proposed 
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:

       On page 2, strike lines 8 through 13 and insert the 
     following:
       (b) Funding.--Of the amount authorized to be appropriated 
     for fiscal year 2019 for Defense Language and National 
     Security Education, not less than $8,000,000 shall be 
     available to support Language Training Centers.
                                 ______
                                 
  SA 2662. Mr. WARNER (for himself, Mr. Kaine, and Ms. Collins) 
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. ___. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR FEDERAL, 
                   STATE AND LOCAL INCOME TAXES INCURRED DURING 
                   TRAVEL, TRANSPORTATION, AND RELOCATION.

       (a) In General.--5724b of title 5, United States Code, is 
     amended--
       (1) in the section heading by striking ``of employees 
     transferred'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``employee, or by an 
     employee and such employee's spouse (if filing jointly), for 
     any moving or storage'' and inserting ``individual, or by an 
     individual and such individual's spouse (if filing jointly), 
     for any travel, transportation, and relocation''; and
       (B) in the second sentence, by striking ``employee'' and 
     inserting ``individual, or the individual''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) For purposes of this section, the term `travel, 
     transportation, and relocation expenses' means all travel, 
     transportation, and relocation expenses reimbursed or 
     furnished in kind pursuant to subchapter II of this chapter 
     or chapter 41.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by striking the item relating to section 5724b and 
     inserting the following:

``5724b. Taxes on reimbursements for travel, transportation, and 
              relocation expenses.''.
       (c) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to travel, transportation, or relocation expenses 
     incurred on or after the date of enactment of this Act.
                                 ______
                                 
  SA 2663. Mr. KING submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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. MODIFICATION OF SOURCE OF JOINT PROFESSIONAL 
                   MILITARY EDUCATION CURRICULUM FOR PHASE II 
                   INSTRUCTION.

       Section 2154(a)(2)(A) of title 10, United States Code, is 
     amended by striking ``the Joint Forces Staff College or a'' 
     and inserting ``a joint or''.
                                 ______
                                 
  SA 2664. Mr. WARNER (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed 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 part I of subtitle C of title XVI, add the 
     following:

     SEC. ___. OVERSIGHT OF CYBER VULNERABILITY EVALUATIONS AND 
                   MITIGATION STRATEGIES FOR MAJOR WEAPON SYSTEMS 
                   OF THE DEPARTMENT OF DEFENSE.

       (a) Budget Statement Required.--Beginning with fiscal year 
     2020 and for each fiscal year thereafter, the President shall 
     include in the supporting information submitted along with 
     the budget under section 1105 of title 31, United States 
     Code, for each major weapon system of the Department of 
     Defense for which funding is included in such budget, a 
     statement regarding the cyber vulnerabilities of the major 
     weapon system and matters regarding the mitigation of such 
     vulnerabilities.
       (b) Contents.--Each statement for a major weapon system 
     required by subsection (a) shall include, for the major 
     weapon system, the following:
       (1) Vulnerability evaluations.--
       (A) Status.--A statement expressing whether the cyber 
     vulnerability evaluation required by section 1647(a) of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92) of such major weapon system is pending, 
     in progress, complete, or waived in accordance with 
     subsection (a)(2) of such section 1647.
       (B) Funding.--The seven-year funding profile needed to 
     complete the pending or in progress cyber vulnerability 
     evaluation.
       (C) Description.--A description of the activities planned 
     in each fiscal year to complete the required evaluation.
       (D) Risk analysis.--An assessment of the operational and 
     security risks associated with any cyber vulnerabilities 
     identified in the evaluation.
       (2) Mitigation measures.--
       (A) Status.--Whether--
       (i) development of a strategy pursuant to subsection (d) of 
     such section is pending, in progress, or complete; and
       (ii) activities to carry out such strategy are pending, in 
     progress, or complete.
       (B) Funding.--The seven-year funding profile needed to 
     complete the pending or in progress mitigation strategy for 
     such major weapon system.
       (C) Description.--A description of the activities planned 
     in each fiscal year to complete the mitigation strategy.
       (c) Form.--The statement required by subsection (a) shall 
     be submitted in an unclassified form, but may include a 
     classified annex if necessary.
                                 ______
                                 
  SA 2665. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 in title IX, insert the following:

[[Page S3639]]

  


     SEC. ___. GRANT PROGRAM FOR STATES TO ESTABLISH PROGRAMS FOR 
                   EXPANDING, COLLECTING, STORING, AND MAKING 
                   ACCESSIBLE CRIMINAL HISTORY RECORD INFORMATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) States should support investigative service providers 
     conducting background investigations authorized by the 
     Security Executive Agent or the Suitability and Credentialing 
     Executive Agent by--
       (A) providing automated access to criminal history records 
     produced by criminal justice agencies; and
       (B) expanding State criminal history record systems to 
     include name-based arrests not supported by biometrics; and
       (2) the large volume of requests from investigative service 
     providers places significant demands on States that exceed 
     their current resources.
       (b) Material Resources and Support.--
       (1) Grant program required.--The Attorney General shall, in 
     coordination with the Government's primary investigative 
     service provider, establish a competitive grant program to 
     support States in carrying out the activities described in 
     subsection (a).
       (2) Standards.--Not later than 180 days after the date of 
     the enactment of this Act, the Security Executive Agent 
     shall, in consultation with the Council and the Government's 
     primary investigative service provider, set standards for the 
     grant program authorized under paragraph (1), including 
     biometric and biographic information standards.
       (3) Derivation of funds.--Amounts to carry out the grant 
     program authorized under paragraph (1) shall be derived from 
     amounts appropriated or otherwise made available for the 
     Department of Justice.
       (c) Annual Reports.--Not less frequently than once each 
     year, the Government's primary investigative service 
     provider, in coordination with the Council, shall submit to 
     the appropriate congressional committees a report that 
     describes the status of--
       (1) State efforts to provide automated access to criminal 
     history records produced by criminal justice agencies;
       (2) the efforts of investigative service providers to use 
     such automated access; and
       (3) the use of funds received by States under subsection 
     (b)(1).
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the congressional intelligence committees (as defined 
     in section 3 of the National Security Act of 1947 (50 U.S.C. 
     3003));
       (C) the Committee Homeland Security and Governmental 
     Affairs and the Committee on the Judiciary of the Senate; and
       (D) the Committee on Homeland Security, the Committee on 
     Oversight and Government Reform, and the Committee on the 
     Judiciary of the House of Representatives.
       (2) Council.--The term ``Council'' means the Security, 
     Suitability, and Credentialing Performance Accountability 
     Council established pursuant to Executive Order 13467 (73 
     Fed. Reg. 38103; 50 U.S.C. 3161 note).
       (3) Criminal history record information.--The term 
     ``criminal history record information'' has the meaning given 
     such term in section 9101(a) of title 5, United States Code.
       (4) Criminal justice agency.--The term ``criminal justice 
     agency'' has the meaning given such term in such section.
       (5) Government's primary investigative service provider.--
     The term ``Government's primary investigative service 
     provider'' means the Government's primary investigative 
     service provider established pursuant to Executive Order 
     13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), or any 
     successor entity.
       (6) Security executive agent.--The term ``Security 
     Executive Agent'' means the Director of National Intelligence 
     acting as the Security Executive Agent in accordance with 
     Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 
     note).
       (7) State.--The term ``State'' has the meaning given such 
     term in section 9101(a) of title 5, United States Code.
       (8) Suitability and credentialing executive agent.--The 
     term ``Suitability and Credentialing Executive Agent'' means 
     the Director of the Office of Personnel Management acting as 
     the Suitability and Credentialing Executive Agent in 
     accordance with Executive Order 13467 (73 Fed. Reg. 38103; 50 
     U.S.C. 3161 note).
                                 ______
                                 
  SA 2666. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 X, add the following:

     SEC. 1037. TRAINING OF DEPARTMENT OF DEFENSE PERSONNEL ON 
                   WHOLE OF GOVERNMENT APPROACH TO NATIONAL 
                   SECURITY CHALLENGES.

       (a) Training Required.--
       (1) In general.--The Secretary of Defense shall ensure that 
     appropriate Department of Defense personnel are provided 
     training on whole of Government approaches to national 
     security challenges.
       (2) Coordination.--In providing training under this 
     section, the Secretary shall consult with the heads of other 
     appropriate departments and agencies of the United States 
     Government in order to ensure that such training promotes 
     cross-agency and multi-sector learning, collaboration and 
     problem-solving.
       (b) Elements.--The training under this section shall 
     include and emphasize the following:
       (1) Integration and synchronization of policy across the 
     executive branch.
       (2) An understanding of the role of Congress, State and 
     local governments, community organizations, academia, foreign 
     governments, non-governmental organizations, and the private 
     sector in influencing and executing whole-of-Government 
     solutions.
       (3) Operating in an interagency environment.
       (4) Table-top role playing exercises and mentorship 
     programs designed to enable participants to gain a greater 
     understanding of interagency partnerships and means of 
     operating successfully in a whole of Government environment.
       (c) Provision of Training.--
       (1) Training by cohort.--Training shall be provided under 
     this section to cohorts comprised of a mix of military and 
     civilian personnel from across the Department and the Armed 
     Forces and, with the approval of the head of the department 
     or agency concerned, from other departments and agencies of 
     the United States Government.
       (2) Providers of training.--The entities providing training 
     under this section shall include military staff and war 
     colleges, the National Defense University, and accredited 
     public institutions of higher education that provide whole of 
     Government curricula and are located amid areas of high 
     concentration of military and civilian national security 
     personnel.
                                 ______
                                 
  SA 2667. Mr. WARNER (for himself and Mr. Cornyn) 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 in title XII, insert the 
     following:

     SEC. __. PARTICIPATION OF INDIA IN THE ASIA-PACIFIC ECONOMIC 
                   COOPERATION REGIONAL ECONOMIC FORUM.

       (a) Findings.--Congress makes the following findings:
       (1) The Republic of India is the world's ninth largest 
     economy in nominal terms and the third largest economy based 
     on purchasing-power parity.
       (2) The United States-India partnership is vital to United 
     States strategic interests in the Asia-Pacific region and 
     across the globe.
       (3) United States-India bilateral trade and investment 
     continue to expand, supporting thousands of United States 
     jobs.
       (4) The Asia-Pacific Economic Cooperation (APEC) regional 
     economic forum is the premier Asia-Pacific economic forum, 
     with a goal to support sustainable economic growth and 
     prosperity in the Asia-Pacific region.
       (5) APEC works to champion free, open trade and investment, 
     to promote and accelerate regional economic integration, 
     encourage economic and technical cooperation, enhance human 
     security, and facilitate a favorable and sustainable business 
     environment.
       (6) APEC held a moratorium on new membership from 1997 to 
     2010.
       (7) India has pursued membership in APEC for over 20 years, 
     and became an APEC observer in November 2011 at the 
     invitation of the United States, when the forum met in 
     Hawaii.
       (8) India enjoys a location within the Asia-Pacific region, 
     which provides an avenue for continued trade and investment 
     partnerships with APEC member states.
       (9) India has been, or is pursuing, bilateral or 
     multilateral trade agreements with the majority of APEC 
     member states.
       (10) India's ``Look East, Act East'' strategy to expand 
     economic engagement with East and Southeast Asia demonstrates 
     its effort to pursue external-oriented, market-driven 
     economic policies.
       (b) Actions.--The Secretary of State shall--
       (1) develop a strategy to obtain membership status for 
     India in APEC, including participation in related meetings, 
     working groups, activities, and mechanisms;
       (2) work with the Government of India to ensure that such 
     government works to meet the best practices APEC espouses; 
     and
       (3) actively urge APEC member states to support such 
     membership status for India.
       (c) Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to Congress a report, in unclassified form, describing 
     the United States strategy to obtain membership status for 
     India in APEC. The

[[Page S3640]]

     report shall be updated and submitted annually until such 
     time as India obtains membership in APEC.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include the following elements:
       (A) A description of the efforts the Secretary has made to 
     encourage APEC member states to promote India's bid to obtain 
     membership status.
       (B) Current actions taken by the Government of India to 
     ensure that India meets the best practices espoused by APEC.
       (C) The further steps the Secretary will take to assist 
     India in obtaining membership status for APEC.
                                 ______
                                 
  SA 2668. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
and intended to be proposed 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 2834 and insert the following:

     SEC. 2834. DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM.

       Section 2391 of title 10, United States Code, is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Defense Community Infrastructure Pilot Program.--(1) 
     The Secretary of Defense may make grants, conclude 
     cooperative agreements, and supplement funds available under 
     Federal programs administered by agencies other than the 
     Department of Defense to assist State and local governments 
     to address deficiencies in community infrastructure 
     supportive of a military installation, if the Secretary 
     determines that such assistance will enhance the military 
     value, resilience, readiness, or military family quality of 
     life at such military installation.
       ``(2) The Secretary shall establish criteria for the 
     selection of community infrastructure projects to receive 
     assistance under paragraph (1). The criteria shall include a 
     requirement that the State or local government agree to 
     contribute not less than 30 percent of the funding for the 
     community infrastructure project, unless the community 
     infrastructure project is located in a rural area, is located 
     in an area that has been impacted by past and current 
     flooding, or for reasons related to national security, in 
     which case the Secretary may waive the requirement for a 
     State or local government contribution.
       ``(3) Amounts appropriated or otherwise made available for 
     assistance under paragraph (1) may remain available until 
     expended.
       ``(4) The authority under this subsection shall expire on 
     September 30, 2023.''; and
       (3) in subsection (e), as redesignated by paragraph (1), by 
     adding at the end the following new paragraphs:
       ``(4) The term `community infrastructure' means any 
     transportation project, including roads, bridges, and 
     tunnels; school, hospital, police, fire, emergency response, 
     or other community support facility; or water, waste-water, 
     telecommunications, electric, gas, or other utility 
     infrastructure project that is located off of a military 
     installation and owned by a State or local government.
       ``(5) The term `rural area' means a city, town, or 
     unincorporated area that has a population of not more than 
     20,000 inhabitants.''.
                                 ______
                                 
  SA 2669. Mr. REED 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. __. CYBERSECURITY TRANSPARENCY.

       (a) Definitions.--In this section--
       (1) the term ``Commission'' means the Securities and 
     Exchange Commission;
       (2) the term ``cybersecurity threat''--
       (A) means an action, not protected by the First Amendment 
     to the Constitution of the United States, on or through an 
     information system that may result in an unauthorized effort 
     to adversely impact the security, availability, 
     confidentiality, or integrity of an information system or 
     information that is stored on, processed by, or transiting an 
     information system; and
       (B) does not include any action that solely involves a 
     violation of a consumer term of service or a consumer 
     licensing agreement;
       (3) the term ``information system''--
       (A) has the meaning given the term in section 3502 of title 
     44, United States Code; and
       (B) includes industrial control systems, such as 
     supervisory control and data acquisition systems, distributed 
     control systems, and programmable logic controllers;
       (4) the term ``issuer'' has the meaning given the term in 
     section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c);
       (5) the term ``NIST'' means the National Institute of 
     Standards and Technology; and
       (6) the term ``reporting company'' means any company that 
     is an issuer--
       (A) the securities of which are registered under section 12 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78l); or
       (B) that is required to file reports under section 15(d) of 
     such Act (15 U.S.C. 78o(d)).
       (b) Requirement to Issue Rules.--Not later than 360 days 
     after the date of enactment of this Act, the Commission shall 
     issue final rules to require each reporting company, in the 
     annual report submitted under section 13 or section 15(d) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78m and 
     78o(d)) or the annual proxy statement submitted under section 
     14(a) of such Act (15 U.S.C. 78n(a))--
       (1) to disclose whether any member of the governing body, 
     such as the board of directors or general partner, of the 
     reporting company has expertise or experience in 
     cybersecurity and in such detail as necessary to fully 
     describe the nature of the expertise or experience; and
       (2) if no member of the governing body of the reporting 
     company has expertise or experience in cybersecurity, to 
     describe what other cybersecurity steps taken by the 
     reporting company were taken into account by such persons 
     responsible for identifying and evaluating nominees for any 
     member of the governing body, such as a nominating committee.
       (c) Cybersecurity Expertise or Experience.--For purposes of 
     subsection (b), the Commission, in consultation with NIST, 
     shall define what constitutes expertise or experience in 
     cybersecurity, such as professional qualifications to 
     administer information security program functions or 
     experience detecting, preventing, mitigating, or addressing 
     cybersecurity threats, using commonly defined roles, 
     specialities, knowledge, skills, and abilities, such as those 
     provided in NIST Special Publication 800-181 entitled ``NICE 
     Cybersecurity Workforce Framework'', or any successor 
     thereto.
                                 ______
                                 
  SA 2670. Mr. REED 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 appropriate place, insert the following:

     SEC. ____. PERMISSIBLE PURPOSES OF REPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Control Your Personal Credit Information Act of 2018''.
       (b) Reports.--The Fair Credit Reporting Act (15 U.S.C. 1681 
     et seq.) is amended--
       (1) in section 604 (15 U.S.C. 1681b)--
       (A) by striking subsections (c) through (e) and inserting 
     the following:
       ``(c) Conditions for Furnishing Certain Consumer Reports.--
       ``(1) In general.--A consumer reporting agency may furnish 
     a consumer report for the following purposes only if the 
     consumer provides the consumer reporting agency with 
     affirmative written consent to furnish the consumer report, 
     after furnishing proper identification under section 610:
       ``(A) An extension of credit pursuant to subsection 
     (a)(3)(A).
       ``(B) The underwriting of insurance pursuant to subsection 
     (a)(3)(C).
       ``(2) Additional reports; election.--After a consumer has 
     provided affirmative written consent and furnished proper 
     identification under paragraph (1) to a consumer reporting 
     agency, the consumer reporting agency may continue to furnish 
     consumer reports solely for the purposes of reviewing or 
     collecting on an account described in subparagraphs (A) and 
     (C) of subsection (a)(3).
       ``(3) Furnishing reports in connection with credit or 
     insurance transactions that are not initiated by consumer.--
       ``(A) In general.--A consumer reporting agency may furnish 
     a consumer report to a person in connection with any credit 
     or insurance transaction under subparagraph (A) or (C) of 
     subsection (a)(3) that is not initiated by the consumer only 
     if--
       ``(i) the consumer provides the consumer reporting agency 
     affirmative written consent to furnish the consumer report, 
     after furnishing proper identification under section 610; and
       ``(ii) the transaction consists of a firm offer of credit 
     or insurance.
       ``(B) Election.--The consumer may elect to--
       ``(i) have the consumer's name and addresses included in 
     lists of names and addresses provided by the consumer 
     reporting agency pursuant to subparagraphs (A) and (C) of 
     subsection (a)(3) in connection with any credit or insurance 
     transaction that is not initiated by the consumer only if--

       ``(I) the consumer provides the consumer reporting agency 
     affirmative written consent to furnish the consumer report, 
     after furnishing proper identification under section 610; and
       ``(II) the transaction consists of a firm offer of credit 
     or insurance; and

[[Page S3641]]

       ``(ii) revoke at any time the election pursuant to clause 
     (i) to have the consumer's name and address included in lists 
     provided by a consumer reporting agency.
       ``(C) Information regarding inquiries.--Except as provided 
     in section 609(a)(5), a consumer reporting agency shall not 
     furnish to any person a record of inquiries in connection 
     with a credit or insurance transaction that is not initiated 
     by a consumer.
       ``(4) Disclosures.--
       ``(A) In general.--A person may not procure a consumer 
     report for any purpose pursuant to subparagraphs (D), (F), 
     and (G) of subsection (a)(3) unless--
       ``(i) a clear and conspicuous disclosure has been made in 
     writing to the consumer at any time before the report is 
     procured or caused to be procured, in a document that 
     consists solely of the disclosure, that a consumer report may 
     be obtained for such purposes; and
       ``(ii) the consumer has authorized in writing the 
     procurement of the consumer report by that person.
       ``(B) Authorizations.--The authorization described in 
     subparagraph (A)(ii) may be made on the disclosure document 
     provided under subparagraph (A)(i).
       ``(5) Rule making.--Not later than 180 days after the date 
     of enactment of the Control Your Personal Credit Information 
     Act of 2018, the Director of the Bureau shall promulgate 
     regulations that--
       ``(A) implement this subsection;
       ``(B) establish a model form for the disclosure document 
     pursuant to paragraph (4) and define the term clear and 
     conspicuous disclosure;
       ``(C) establish guidelines that permit consumers to provide 
     a single written authorization as required by paragraph (1) 
     for a specific time period for multiple users for the 
     specified purpose during that time period;
       ``(D) require a consumer reporting agency to provide to 
     each consumer a secure, convenient, accessible, and cost-free 
     method by which a consumer may allow or disallow the 
     furnishing of consumer reports pursuant to this subsection; 
     and
       ``(E) require a consumer reporting agency not later than 2 
     business days after the date on which a consumer makes an 
     election to revoke the consumer's inclusion of the consumer's 
     name and address in lists provided by a consumer reporting 
     agency pursuant to paragraph (3)(B) to implement that 
     election.
       ``(6) Prohibitions.--
       ``(A) In general.--The method described in paragraph (5)(D) 
     shall not be used to--
       ``(i) collect any information on a consumer that is not 
     necessary for the purpose of the consumer to allow or 
     disallow the furnishing of consumer reports; or
       ``(ii) advertise any product or service.
       ``(B) No waiver.--In the offering of a method described in 
     paragraph (5)(D), a consumer reporting agency shall not 
     require a consumer to waive any rights nor indemnify the 
     consumer reporting agency from any liabilities arising from 
     the offering of such method.
       ``(7) Reports.--
       ``(A) CFPB.--
       ``(i) Recommendation.--Not later than 180 days after the 
     date of enactment of the Control Your Personal Credit 
     Information Act of 2018, the Director of the Bureau shall, 
     after consultation with the Federal Deposit Insurance 
     Corporation, the National Credit Union Administration, and 
     other Federal and State regulators as the Director of the 
     Bureau determines are appropriate, submit to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives recommendations on how to provide consumers 
     greater transparency and personal control over their consumer 
     reports furnished for permissible purposes under subsections 
     (a)(3)(E) and (a)(6).
       ``(ii) Report.--The Director of the Bureau shall submit to 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives an annual report that includes 
     recommendations on how this subsection may be improved, a 
     description of enforcement actions taken to demonstrate 
     compliance with this subsection, recommendations on how to 
     improve oversight of consumer reporting agencies and users of 
     consumer reports, and any other recommendations concerning 
     how consumers may be provided greater transparency and 
     control over their personal information.
       ``(B) GAO.--
       ``(i) Study.--The Comptroller General of the United States 
     shall conduct a study on what additional protections or 
     restrictions may be needed to ensure that the information 
     collected in consumer files is secure and does not adversely 
     impact consumers.
       ``(ii) Report.--Not later than 1 year after the date of 
     enactment of the Control Your Personal Credit Information Act 
     of 2018, the Comptroller General of the United States shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report on the results of 
     the study under clause (i), which shall include--

       ``(I) to the greatest extent possible, the presentation of 
     unambiguous conclusions and specific recommendations for 
     further legislative changes needed to ensure that the 
     information collected in consumer files is secure and does 
     not adversely impact consumers; and
       ``(II) if no recommendations for further legislative 
     changes are presented, a detailed explanation of why no such 
     changes are recommended.'';

       (B) by redesignating subsections (f) and (g) as subsections 
     (d) and (e), respectively; and
       (C) by adding at the end the following:
       ``(f) No Fees.--No consumer reporting agency may charge a 
     consumer any fee for any activity pursuant to this 
     section.'';
       (2) in section 607(a) (15 U.S.C. 1681e(a)), by inserting 
     ``Every consumer reporting agency shall use commercially 
     reasonable efforts to avoid unauthorized access to consumer 
     reports and information in the file of a consumer maintained 
     by the consumer reporting agency, including complying with 
     any appropriate standards established under section 501(b) of 
     the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)).'' after the 
     end of the third sentence;
       (3) in section 609 (15 U.S.C. 1681g), by striking 
     subsection (b) and inserting the following:
       ``(b) Scope of Disclosure.--The Director of the Bureau 
     shall promulgate regulations to clarify that any information 
     held by a consumer reporting agency about a consumer shall be 
     disclosed to the consumer when a consumer makes a written 
     request, irrespective of whether the information is held by 
     the parent, subsidiary, or affiliate of a consumer reporting 
     agency.''; and
       (4) in section 610(a)(1) (15 U.S.C. 1681h(a)(1)), by 
     striking ``section 609'' and inserting ``sections 604 and 
     609''.
       (c) Technical and Conforming Amendments.--The Fair Credit 
     Reporting Act (15 U.S.C. 1681 et seq.) is amended--
       (1) in section 603(d)(3) (15 U.S.C. 1681a(d)(3)), in the 
     matter preceding subparagraph (A), by striking ``604(g)(3)'' 
     and inserting ``604(e)(3)'';
       (2) in section 615(d) (15 U.S.C. 1681m(d))--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``604(c)(1)(B)'' and inserting ``604(c)(3)(A)(ii)''; and
       (ii) in subparagraph (E), by striking ``604(e)'' and 
     inserting ``604(c)(5)(D)''; and
       (B) in paragraph (2)(A), by striking ``604(e)'' and 
     inserting ``604(c)(5)(D)''; and
       (3) in section 625(b)(1)(A) (15 U.S.C. 1681t(b)(1)(A)), by 
     striking ``subsection (c) or (e) of section 604'' and 
     inserting ``604(c)''.
                                 ______
                                 
                                 ______
                                 
  SA 2671. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. 
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:



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

  
  On page S3641, June 11, 2018, in the third column, the following 
appears: At the end of the following:
  
  The online Record has been corrected to read: SA 2671. Mr. 
JOHNSON submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. 
McCain) to the bill H.R. 5515, to authorize appropriations for 
fiscal year 2019 for military activities of the Department of 
Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows: At the end of the 
following:


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

       At the end, add the following:

                   DIVISION E--DHS AUTHORIZATION ACT

     SEC. 1. SHORT TITLE.

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

     SEC. 2. REFERENCES.

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

         TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS

                  Subtitle A--Headquarters Operations

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

       (a) In General.--Section 102 of the Homeland Security Act 
     of 2002 (6 U.S.C. 112) is amended--
       (1) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``through the Office of State and Local 
     Coordination (established under section 801)'' and inserting 
     ``through the Office of Partnership and Engagement''; and
       (2) by adding at the end the following:
       ``(h) Headquarters.--
       ``(1) In general.--There is in the Department a 
     Headquarters.
       ``(2) Components.--The Department Headquarters shall 
     include each of the following:
       ``(A) The Office of the Secretary, which shall include--
       ``(i) the Deputy Secretary;
       ``(ii) the Chief of Staff; and
       ``(iii) the Executive Secretary.
       ``(B) The Management Directorate, including the Office of 
     the Chief Financial Officer.
       ``(C) The Science and Technology Directorate.
       ``(D) The Office of Strategy, Policy, and Plans.
       ``(E) The Office of the General Counsel.
       ``(F) The Office of the Chief Privacy and FOIA Officer.
       ``(G) The Office for Civil Rights and Civil Liberties.
       ``(H) The Office of Operations Coordination.
       ``(I) The Office of Intelligence and Analysis.
       ``(J) The Office of Legislative Affairs.
       ``(K) The Office of Public Affairs.
       ``(L) The Office of the Inspector General.
       ``(M) The Office of the Citizenship and Immigration 
     Services Ombudsman.
       ``(N) The Countering Weapons of Mass Destruction Office.
       ``(O) The Office of Partnership and Engagement.''.
       (b) Conforming Amendments Relating to Assistant 
     Secretaries.--Section 103(a) of the Homeland Security Act of 
     2002 (6 U.S.C. 113(a)) is amended--
       (1) in the subsection heading, by inserting ``; Assistant 
     Secretaries and Other Officers'' after ``Under Secretaries'';
       (2) in paragraph (1), by amending subparagraph (I) to read 
     as follows:
       ``(I) An Administrator of the Transportation Security 
     Administration.'';
       (3) by amending paragraph (2) to read as follows:
       ``(2) Assistant secretaries.--The following Assistant 
     Secretaries shall be appointed by the President or the 
     Secretary, as

[[Page S3642]]

     the case may be, without the advice and consent of the 
     Senate:
       ``(A) Presidential appointments.--The Department shall have 
     the following Assistant Secretaries appointed by the 
     President:
       ``(i) The Assistant Secretary for Public Affairs.
       ``(ii) The Assistant Secretary for Legislative Affairs.
       ``(iii) The Assistant Secretary for the Countering Weapons 
     of Mass Destruction Office.
       ``(iv) The Chief Medical Officer.
       ``(B) Secretarial appointments.--The Department shall have 
     the following Assistant Secretaries appointed by the 
     Secretary:
       ``(i) The Assistant Secretary for International Affairs.
       ``(ii) The Assistant Secretary for Threat Prevention and 
     Security Policy.
       ``(iii) The Assistant Secretary for Border, Immigration, 
     and Trade Policy.
       ``(iv) The Assistant Secretary for Cybersecurity, 
     Infrastructure, and Resilience Policy.
       ``(v) The Assistant Secretary for Strategy, Planning, 
     Analysis, and Risk.
       ``(vi) The Assistant Secretary for State and Local Law 
     Enforcement.
       ``(vii) The Assistant Secretary for Partnership and 
     Engagement.
       ``(viii) The Assistant Secretary for Private Sector.''; and
       (4) by adding at the end the following:
       ``(3) Limitation on creation of positions.--No Assistant 
     Secretary position may be created in addition to the 
     positions provided for by this section unless such position 
     is authorized by a statute enacted after the date of the 
     enactment of the DHS Authorization Act.''.

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

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

     SEC. 1103. RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.

       (a) In General.--Section 702 of the Homeland Security Act 
     of 2002 (6 U.S.C. 342) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Responsibilities.--In carrying out the 
     responsibilities, authorities, and functions specified in 
     section 902 of title 31, United States Code, the Chief 
     Financial Officer shall--
       ``(1) oversee Department budget formulation and execution;
       ``(2) lead and provide guidance on performance-based 
     budgeting practices for the Department to ensure that the 
     Department and its components are meeting missions and goals;
       ``(3) lead cost-estimating practices for the Department, 
     including the development of policies on cost estimating and 
     approval of life cycle cost estimates;
       ``(4) coordinate with the Office of Strategy, Policy, and 
     Plans to ensure that the development of the budget for the 
     Department is compatible with the long-term strategic plans, 
     priorities, and policies of the Secretary;
       ``(5) develop financial management policy for the 
     Department and oversee the implementation of such policy, 
     including the establishment of effective internal controls 
     over financial reporting systems and processes throughout the 
     Department;
       ``(6) lead financial system modernization efforts 
     throughout the Department;
       ``(7) lead the efforts of the Department related to 
     financial oversight, including identifying ways to streamline 
     and standardize business processes;
       ``(8) oversee the costs of acquisition programs and related 
     activities to ensure that actual and planned costs are in 
     accordance with budget estimates and are affordable, or can 
     be adequately funded, over the lifecycle of such programs and 
     activities;
       ``(9) fully implement a common accounting structure to be 
     used across the entire Department by fiscal year 2020;
       ``(10) participate in the selection, performance planning, 
     and review of cost estimating positions with the Department;
       ``(11) track, approve, oversee, and make public information 
     on expenditures by components of the Department for 
     conferences, as appropriate, including by requiring each 
     component to--
       ``(A) report to the Inspector General of the Department the 
     expenditures by such component for each conference hosted for 
     which the total expenditures of the Department exceed 
     $100,000, within 15 days after the date of the conference; 
     and
       ``(B) with respect to such expenditures, provide to the 
     Inspector General--
       ``(i) the information described in subsections (a), (b), 
     and (c) of section 739 of title VII of division E of the 
     Consolidated and Further Continuing Appropriations Act, 2015 
     (Public Law 113-235; 128 Stat. 2389); and
       ``(ii) documentation of such expenditures; and
       ``(12) track and make public information on expenditures by 
     components of the Department for conferences, as appropriate, 
     including by requiring each component to--
       ``(A) report to the Inspector General of the Department the 
     expenditures by such component for each conference hosted or 
     attended by Department employees for which the total 
     expenditures of the Department are more than $20,000 and less 
     than $100,000, not later than 30 days after the date of the 
     conference; and
       ``(B) with respect to such expenditures, provide to the 
     Inspector General--
       ``(i) the information described in subsections (a), (b), 
     and (c) of section 739 of title VII of division E of the 
     Consolidated and Further Continuing Appropriations Act, 2015 
     (Public Law 113-235; 128 Stat. 2389); and
       ``(ii) documentation of such expenditures.''.
       (b) Rule of Construction.--Nothing in the amendment made by 
     this section may be construed as altering or amending the 
     responsibilities, authorities, and functions of the Chief 
     Financial Officer of the Department of Homeland Security 
     under section 902 of title 31, United States Code.

     SEC. 1104. CHIEF INFORMATION OFFICER.

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

[[Page S3643]]

     of Homeland Security shall submit the comprehensive software 
     license policy developed to meet the requirements of section 
     2 of the MEGABYTE Act of 2016 (40 U.S.C. 11302 note), 
     including any updates provided to the Director of the Office 
     of Management and Budget, to--
       (A) the Committee on Homeland Security and the Committee of 
     Oversight and Government Reform of the House of 
     Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (2) Department inventory.--Beginning in fiscal year 2022, 
     and once every 2 fiscal years thereafter, the Chief 
     Information Officer of the Department of Homeland Security, 
     in consultation with the component chief information 
     officers, shall submit to the Committee on Homeland Security 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     containing--
       (A) a department-wide inventory of all software licenses 
     held by the Department of Homeland Security on unclassified 
     and classified systems, including utilized and unutilized 
     licenses;
       (B) an assessment of the needs of the Department of 
     Homeland Security and the components of the Department of 
     Homeland Security for software licenses for the subsequent 2 
     fiscal years;
       (C) an explanation as to how the use of shared cloud-
     computing services or other new technologies will impact the 
     needs for software licenses for the subsequent 2 fiscal 
     years; and
       (D) plans and estimated costs for eliminating unutilized 
     software licenses for the subsequent 2 fiscal years; and
       (E) a plan to expedite licensing of software developed for 
     the Department of Homeland Security to the private sector.
       (3) Plan to reduce software licenses.--If the Chief 
     Information Officer of the Department of Homeland Security 
     determines through the inventory conducted under paragraph 
     (2) that the number of software licenses held by the 
     Department of Homeland Security and the components of the 
     Department of Homeland Security exceeds the needs of the 
     Department of Homeland Security, not later than 90 days after 
     the date on which the inventory is completed, the Secretary 
     of Homeland Security shall establish a plan for reducing the 
     number of such software licenses to meet needs of the 
     Department of Homeland Security.
       (c) Comptroller General Review.--Not later than the end of 
     fiscal year 2019, the Comptroller General of the United 
     States shall review the extent to which the Chief Information 
     Officer of the Department of Homeland Security fulfilled all 
     requirements established in this section and the amendments 
     made by this section.

     SEC. 1105. QUADRENNIAL HOMELAND SECURITY REVIEW.

       (a) In General.--Section 706 of the Homeland Security Act 
     of 2002, as so redesignated by section 1142 of this Act, is 
     amended--
       (1) in subsection (a)(3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) representatives from appropriate advisory committees 
     established pursuant to section 871, including the Homeland 
     Security Advisory Council and the Homeland Security Science 
     and Technology Advisory Committee, or otherwise established, 
     including the Aviation Security Advisory Committee 
     established pursuant to section 44946 of title 49, United 
     States Code; and'';
       (2) in subsection (b)--
       (A) in paragraph (2), by inserting before the semicolon at 
     the end the following: ``based on the risk assessment 
     required pursuant to subsection (c)(2)(B)'';
       (B) in paragraph (3)--
       (i) by inserting ``, to the extent practicable,'' after 
     ``describe''; and
       (ii) by striking ``budget plan'' and inserting ``resources 
     required'';
       (C) in paragraph (4)--
       (i) by inserting ``, to the extent practicable,'' after 
     ``identify'';
       (ii) by striking ``budget plan required to provide 
     sufficient resources to successfully'' and inserting 
     ``resources required to''; and
       (iii) by striking the semicolon at the end and inserting 
     ``, including any resources identified from redundant, 
     wasteful, or unnecessary capabilities and capacities that can 
     be redirected to better support other existing capabilities 
     and capacities, as the case may be; and'';
       (D) in paragraph (5), by striking ``; and'' and inserting a 
     period; and
       (E) by striking paragraph (6);
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``December 31'' and 
     inserting ``September 30'';
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``description of the 
     threats to'' and inserting ``risk assessment of'';
       (ii) in subparagraph (C), by inserting ``, as required 
     under subsection (b)(2)'' before the semicolon at the end;
       (iii) in subparagraph (D)--

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

       (iv) in subparagraph (F)--

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

       (v) in subparagraph (G)--

       (I) by inserting ``to the extent practicable,'' before ``a 
     discussion'';
       (II) by striking ``the status of'';
       (III) by inserting ``and risks'' before ``to national 
     homeland''; and
       (IV) by inserting ``and'' after the semicolon at the end;

       (vi) by striking subparagraph (H); and
       (vii) by redesignating subparagraph (I) as subparagraph 
     (H);
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Documentation.--The Secretary shall retain, from each 
     quadrennial homeland security review, all information 
     regarding the risk assessment, as required under subsection 
     (c)(2)(B), including--
       ``(A) the risk model utilized to generate the risk 
     assessment;
       ``(B) information, including data used in the risk model, 
     utilized to generate the risk assessment; and
       ``(C) sources of information, including other risk 
     assessments, utilized to generate the risk assessment.'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following:
       ``(d) Review.--Not later than 90 days after the submission 
     of each report required under subsection (c)(1), the 
     Secretary shall provide to the Committee on Homeland Security 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate information 
     on the degree to which the findings and recommendations 
     developed in the quadrennial homeland security review covered 
     by the report were integrated into the acquisition strategy 
     and expenditure plans for the Department.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to a quadrennial homeland security 
     review conducted under section 706 of the Homeland Security 
     Act of 2002, as so redesignated, after December 31, 2017.

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

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

[[Page S3644]]

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

     SEC. 1107. CHIEF PROCUREMENT OFFICER.

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

     ``SEC. 709. CHIEF PROCUREMENT OFFICER.

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

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

     SEC. 1108. CHIEF SECURITY OFFICER.

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

     ``SEC. 710. CHIEF SECURITY OFFICER.

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

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

     SEC. 1109. OFFICE OF INSPECTOR GENERAL.

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

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

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

[[Page S3645]]

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

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

     SEC. 1111. SCIENCE AND TECHNOLOGY.

       (a) Responsibilities of the Under Secretary for Science and 
     Technology.--
       (1) Directorate for science and technology.--Section 302 of 
     the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``The Secretary, acting through the Under'' and inserting 
     ``The Under''; and
       (B) in paragraph (4), by striking ``and evaluation'' and 
     inserting ``evaluation, and standards coordination and 
     development''.
       (2) Technical and conforming amendment.--Section 
     315(a)(2)(A) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended by striking ``Directorate 
     of Science and Technology and Homeland Security Advanced 
     Research Projects Agency'' and inserting ``Directorate of 
     Science and Technology and the Chief Scientist''.
       (b) Office of the Chief Scientist.--
       (1) In general.--Section 307 of the Homeland Security Act 
     of 2002 (6 U.S.C. 187) is amended--
       (A) in the section heading, by striking ``homeland security 
     advanced research projects agency'' and inserting ``office of 
     the chief scientist'';
       (B) in subsection (a)--
       (i) by striking paragraphs (1) and (3); and
       (ii) by redesignating paragraphs (2) and (4) as paragraphs 
     (1) and (2), respectively; and
       (C) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Office of the Chief Scientist.--
       ``(1) Establishment.--There is established the Office of 
     the Chief Scientist.
       ``(2) Chief scientist.--The Office of the Chief Scientist 
     shall be headed by a Chief Scientist, who shall be appointed 
     by the Secretary.
       ``(3) Qualifications.--The Chief Scientist shall--
       ``(A) be appointed from among distinguished scientists with 
     specialized training or significant experience in a field 
     related to counterterrorism, traditional homeland security 
     missions, or national defense; and
       ``(B) have earned an advanced degree at an institution of 
     higher education (as defined in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001)).
       ``(4) Responsibilities.--The Chief Scientist shall oversee 
     all research and development to--
       ``(A) support basic and applied homeland security research 
     to promote revolutionary changes in technologies that would 
     promote homeland security;
       ``(B) advance the development, testing and evaluation, 
     standards coordination and development, and deployment of 
     critical homeland security technologies;
       ``(C) accelerate the prototyping and deployment of 
     technologies that would address homeland security 
     vulnerabilities;
       ``(D) promote the award of competitive, merit-reviewed 
     grants, cooperative agreements or contracts to public or 
     private entities, including business, federally funded 
     research and development centers, and universities; and
       ``(E) oversee research and development for the purpose of 
     advancing technology for the investigation of child 
     exploitation crimes, including child victim identification, 
     trafficking in persons, and child pornography, and for 
     advanced forensics.
       ``(5) Coordination.--The Chief Scientist shall ensure that 
     the activities of the Directorate for Testing and Evaluation 
     of Science and Technology are coordinated with those of other 
     relevant research agencies, and may oversee projects jointly 
     with other agencies.
       ``(6) Personnel.--In hiring personnel for the Science and 
     Technology Directorate, the Secretary shall have the hiring 
     and management authorities described in section 1599h of 
     title 10, United States Code. The term of appointments for 
     employees under subsection (c)(1) of that section may not 
     exceed 5 years before the granting of any extension under 
     subsection (c)(2) of that section.
       ``(7) Demonstrations.--The Chief Scientist, periodically, 
     shall hold homeland security technology demonstrations, 
     pilots, field assessments, and workshops to improve contact 
     among technology developers, vendors, component personnel, 
     State, local, and tribal first responders, and acquisition 
     personnel.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 307 and inserting the following:

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

     SEC. 1112. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.

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

[[Page S3646]]

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

     SEC. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM.

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

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

     SEC. 1114. FIELD EFFICIENCIES PLAN.

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

     SEC. 1115. MANAGEMENT.

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

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

       ``For each fiscal year until fiscal year 2023, the 
     Secretary shall provide to the Committee on Homeland Security 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate, together 
     with the annual budget request for the Department, 
     information on--
       ``(1) any circumstance during the fiscal year covered by 
     the report in which the Secretary exercised the authority to 
     reprogram or transfer funds to address unforeseen costs, 
     including costs associated with operational surges; and
       ``(2) any circumstance in which any limitation on the 
     transfer or reprogramming of funds affected the ability of 
     the Secretary to address such unforeseen costs.''.
       (b) Long Term Real Property Strategies.--Title VII of the 
     Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as 
     amended by subsection (a), is amended by adding at the end 
     the following:

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

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

[[Page S3647]]

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

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

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

[[Page S3648]]

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

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

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

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

     SEC. 1117. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

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

     ``SEC. 1900. DEFINITIONS.

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

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

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

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

                  ``Subtitle B--Mission of the Office

     ``SEC. 1921. MISSION OF THE OFFICE.

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

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

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

                  ``Subtitle C--Chief Medical Officer

     ``SEC. 1931. CHIEF MEDICAL OFFICER.

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

[[Page S3649]]

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

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

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

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

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

``Sec. 1900. Definitions.

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

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

                  ``Subtitle B--Mission of the Office

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

                  ``Subtitle C--Chief Medical Officer

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

     ``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.

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

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

[[Page S3650]]

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

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

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

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

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

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

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

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

     ``SEC. 516. CHIEF MEDICAL OFFICER.

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

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

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

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

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

     SEC. 1119. CANINE DETECTION RESEARCH AND DEVELOPMENT.

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

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

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

[[Page S3651]]

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

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

             Subtitle B--Human Resources and Other Matters

     SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

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

     SEC. 1132. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.

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

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

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

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

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

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

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

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

[[Page S3652]]

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

     SEC. 1135. HACK DHS BUG BOUNTY PILOT PROGRAM.

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

     SEC. 1136. COST SAVINGS ENHANCEMENTS.

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

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

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

[[Page S3653]]

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

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

     SEC. 1137. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS.

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

     ``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.

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

[[Page S3654]]

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

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

     SEC. 1138. CYBERSECURITY TALENT EXCHANGE.

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

[[Page S3655]]

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

                       Subtitle C--Other Matters

     SEC. 1141. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

       Paragraph (2) of section 431(c) of the Tariff Act of 1930 
     (19 U.S.C. 1431(c)) is amended to read as follows:
       ``(2)(A) The information listed in paragraph (1) shall not 
     be available for public disclosure if--
       ``(i) the Secretary of the Treasury makes an affirmative 
     finding on a shipment-by-shipment basis that disclosure is 
     likely to pose a threat of personal injury or property 
     damage; or
       ``(ii) the information is exempt under the provisions of 
     section 552(b)(1) of title 5, United States Code.
       ``(B) The Commissioner of U.S. Customs and Border 
     Protection shall ensure that any personally identifiable 
     information, including social security numbers, passport 
     numbers, and residential addresses, is removed from any 
     manifest signed, produced, delivered, or transmitted under 
     this section before the manifest is disclosed to the 
     public.''.

     SEC. 1142. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

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

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

     SEC. 1201. DEFINITIONS.

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

[[Page S3656]]

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

                  Subtitle A--Acquisition Authorities

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

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

[[Page S3657]]

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

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

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

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

       Section 702(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 342(a)) is amended--
       (1) by striking ``The Chief'' and inserting the following:
       ``(1) Functions.--The Chief''; and
       (2) by adding at the end the following:
       ``(2) Acquisition authorities.--The Chief Financial 
     Officer, in coordination with the Under Secretary for 
     Management, shall oversee the costs of acquisition programs 
     and related activities to ensure that actual and planned 
     costs are in accordance with budget estimates and are 
     affordable, or can be adequately funded, over the life cycle 
     of such programs and activities.''.

     SEC. 1213. ACQUISITION AUTHORITIES FOR CHIEF INFORMATION 
                   OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.

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

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

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

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

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

     ``SEC. 717. ACQUISITION DOCUMENTATION.

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

[[Page S3658]]

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

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

     SEC. 1215. ACQUISITION INNOVATION.

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

     ``SEC. 718. ACQUISITION INNOVATION.

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

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

         Subtitle B--Acquisition Program Management Discipline

     SEC. 1221. ACQUISITION REVIEW BOARD.

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

     ``SEC. 836. ACQUISITION REVIEW BOARD.

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

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

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

[[Page S3659]]

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

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

     SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS.

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

     ``SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS.

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

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

     SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIVERS.

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

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

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

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

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

[[Page S3660]]

  


     Subtitle C--Acquisition Program Management Accountability and 
                              Transparency

     SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION 
                   PROGRAMS.

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

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

       ``(a) Definition of Appropriate Committees of Congress.--In 
     this section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Homeland Security and the Committee 
     on Appropriations of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Appropriations of the Senate; and
       ``(2) in the case of notice or a report relating to the 
     Coast Guard or the Transportation Security Administration, 
     the committees described in paragraph (1) and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(b) Requirements Within Department in Event of Breach.--
       ``(1) Notifications.--
       ``(A) Notification of breach.--If a breach occurs in a 
     major acquisition program, the program manager for the 
     program shall notify the Component Acquisition Executive for 
     the program, the head of the component concerned, the 
     Executive Director of the Program Accountability and Risk 
     Management division, the Under Secretary for Management, and 
     the Deputy Secretary not later than 30 calendar days after 
     the date on which the breach is identified.
       ``(B) Notification to secretary.--If a breach occurs in a 
     major acquisition program and the breach results in a cost 
     overrun greater than 15 percent, a schedule delay greater 
     than 180 days, or a failure to meet any of the performance 
     thresholds from the cost, schedule, or performance parameters 
     specified in the most recently approved acquisition program 
     baseline for the program, the Component Acquisition Executive 
     for the program shall notify the Secretary and the Inspector 
     General of the Department not later than 5 business days 
     after the date on which the Component Acquisition Executive 
     for the program, the head of the component concerned, the 
     Executive Director of the Program Accountability and Risk 
     Management Division, the Under Secretary for Management, and 
     the Deputy Secretary are notified of the breach under 
     subparagraph (A).
       ``(2) Remediation plan and root cause analysis.--
       ``(A) In general.--If a breach occurs in a major 
     acquisition program, the program manager for the program 
     shall submit in writing to the head of the component 
     concerned, the Executive Director of the Program 
     Accountability and Risk Management division, and the Under 
     Secretary for Management, at a date established by the Under 
     Secretary for Management, a remediation plan and root cause 
     analysis relating to the breach and program.
       ``(B) Remediation plan.--The remediation plan required 
     under subparagraph (A) shall--
       ``(i) explain the circumstances of the breach at issue;
       ``(ii) provide prior cost estimating information;
       ``(iii) include a root cause analysis that determines the 
     underlying cause or causes of shortcomings in cost, schedule, 
     or performance of the major acquisition program with respect 
     to which the breach has occurred, including the role, if any, 
     of--

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

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

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

       ``(3) Review of corrective actions.--
       ``(A) In general.--The Under Secretary for Management--
       ``(i) shall review each remediation plan required under 
     paragraph (2); and
       ``(ii) not later than 30 days after submission of a 
     remediation plan under paragraph (2), may approve the plan or 
     provide an alternative proposed corrective action.
       ``(B) Submission to congress.--Not later than 30 days after 
     the date on which the Under Secretary for Management 
     completes a review of a remediation plan under subparagraph 
     (A), the Under Secretary for Management shall submit to the 
     appropriate committees of Congress a copy of the remediation 
     plan.
       ``(c) Requirements Relating to Congressional Notification 
     if Breach Occurs.--
       ``(1) Notification to congress.--If a notification to the 
     Secretary is made under subsection (b)(1)(B) relating to a 
     breach in a major acquisition program, the Under Secretary 
     for Management shall notify the appropriate committees of 
     Congress of the breach in the next semi-annual Acquisition 
     Program Health Assessment described in section 717(a)(3) 
     after receipt by the Under Secretary for Management of the 
     notification under subsection (b)(1)(B).
       ``(2) Significant variances in costs or schedule.--If a 
     likely cost overrun is greater than 20 percent or a likely 
     delay is greater than 12 months from the costs and schedule 
     specified in the acquisition program baseline for a major 
     acquisition program, the Under Secretary for Management shall 
     include in the notification required under paragraph (1) a 
     written certification, with supporting explanation, that--
       ``(A) the program is essential to the accomplishment of the 
     mission of the Department;
       ``(B) there are no alternatives to the capability or asset 
     provided by the program that will provide equal or greater 
     capability in a more cost-effective and timely manner;
       ``(C) the management structure for the program is adequate 
     to manage and control cost, schedule, and performance; and
       ``(D) includes the date on which the new acquisition 
     schedule and estimates for total acquisition cost will be 
     completed.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1221, is amended by inserting after the item relating to 
     section 836 the following:

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

     SEC. 1232. MULTIYEAR ACQUISITION STRATEGY.

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

     ``SEC. 838. MULTIYEAR ACQUISITION STRATEGY.

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

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

     SEC. 1233. REPORT ON BID PROTESTS.

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

[[Page S3661]]

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

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

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

     SEC. 1235. BRIDGE CONTRACTS.

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

     SEC. 1236. ACQUISITION REPORTS.

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

     ``SEC. 839. ACQUISITION POLICIES AND GUIDANCE.

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

[[Page S3662]]

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

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

            TITLE III--INTELLIGENCE AND INFORMATION SHARING

  Subtitle A--Department of Homeland Security Intelligence Enterprise

     SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE.

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

     ``SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE.

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

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

     SEC. 1302. PERSONNEL FOR THE CHIEF INTELLIGENCE OFFICER.

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

     SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT ASSESSMENTS.

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

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

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

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

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

[[Page S3663]]

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

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

     SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.

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

     SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PROGRAM.

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

     ``SEC. 104. INSIDER THREAT PROGRAM.

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

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

[[Page S3664]]

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

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

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

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

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

     SEC. 1307. TRANSNATIONAL CRIMINAL ORGANIZATIONS THREAT 
                   ASSESSMENT.

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

[[Page S3665]]

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

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

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

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

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

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

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

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

              Subtitle B--Stakeholder Information Sharing

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

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

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

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

[[Page S3666]]

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

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

[[Page S3667]]

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

     SEC. 1312. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.

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

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

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

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

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

     SEC. 1315. INFORMATION TECHNOLOGY ASSESSMENT.

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

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

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

     SEC. 1317. TERROR INMATE INFORMATION SHARING.

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

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

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

[[Page S3668]]

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

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

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

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

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

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

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

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

     SEC. 1321. DUTY TO REPORT.

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

[[Page S3669]]

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

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

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

     SEC. 1323. CONSTITUTIONAL LIMITATIONS.

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

     TITLE IV--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS

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

     SEC. 1401. URBAN AREA SECURITY INITIATIVE.

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

     SEC. 1402. STATE HOMELAND SECURITY GRANT PROGRAM.

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

     SEC. 1403. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

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

     SEC. 1404. LAW ENFORCEMENT TERRORISM PREVENTION.

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

     SEC. 1405. PRIORITIZATION.

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

     SEC. 1406. ALLOWABLE USES.

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

     SEC. 1407. APPROVAL OF CERTAIN EQUIPMENT.

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

[[Page S3670]]

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

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

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

     SEC. 1409. MEMORANDA OF UNDERSTANDING.

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

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

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

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

     SEC. 1410. GRANTS METRICS.

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

     SEC. 1411. GRANT MANAGEMENT BEST PRACTICES.

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

     SEC. 1412. PROHIBITION ON CONSOLIDATION.

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

     SEC. 1413. MAINTENANCE OF GRANT INVESTMENTS.

       Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 
     609), as amended by section 1407, is amended by adding at the 
     end the following new subsection:
       ``(h) Maintenance of Equipment.--Any applicant for a grant 
     under section 2003 or 2004 seeking to use funds to purchase 
     equipment, including pursuant to paragraphs (3), (4), (5), or 
     (12) of subsection (a) of this section, shall by the time of 
     the receipt of such grant develop a plan for the maintenance 
     of such equipment over its life-cycle that includes 
     information identifying which entity is responsible for such 
     maintenance.''.

     SEC. 1414. TRANSIT SECURITY GRANT PROGRAM.

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

[[Page S3671]]

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

     SEC. 1415. PORT SECURITY GRANT PROGRAM.

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

     SEC. 1416. CYBER PREPAREDNESS.

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

     SEC. 1417. OPERATION STONEGARDEN.

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

     ``SEC. 2009. OPERATION STONEGARDEN.

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

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

     SEC. 1418. NON-PROFIT SECURITY GRANT PROGRAM.

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

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

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

[[Page S3672]]

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

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

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

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

     SEC. 1420. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.

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

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

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

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

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

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

     SEC. 1422. GRANTS ACCOUNTABILITY.

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

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

[[Page S3673]]

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

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

       (ii) in subparagraph (B)--

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

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

       (IV) in clause (iii)--

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

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

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

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

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

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

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

       (II) in clause (ii)--

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

       (III) in clause (iii)--

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

       (IV) by striking clause (iv); and

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

                       Subtitle B--Communications

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

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

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

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

     SEC. 1433. NATIONAL EMERGENCY COMMUNICATIONS PLAN.

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

     SEC. 1434. TECHNICAL EDIT.

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

     SEC. 1435. COMMUNICATIONS TRAINING.

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

[[Page S3674]]

  


                       Subtitle C--Other Matters

     SEC. 1451. TECHNICAL AND CONFORMING AMENDMENTS.

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

              TITLE V--FEDERAL EMERGENCY MANAGEMENT AGENCY

     SEC. 1501. SHORT TITLE.

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

     SEC. 1502. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY.

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

     SEC. 1503. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

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

     SEC. 1504. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.

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

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

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

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

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

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

     SEC. 1506. EMERGENCY SUPPORT FUNCTIONS.

       (a) Update.--Paragraph (14) of section 504(a) of the 
     Homeland Security Act of 2002 (6 U.S.C. 314(a)), as so 
     redesignated by section 1520, is amended by inserting ``, 
     periodically updating (but not less often than once every 5 
     years),'' after ``administering''.
       (b) Emergency Support Functions.--Section 653 of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     753) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Coordination.--The President, acting through the 
     Administrator, shall develop and provide to Federal 
     departments and agencies with coordinating, primary, or 
     supporting responsibilities under the National Response 
     Framework performance metrics to ensure readiness to execute 
     responsibilities under the emergency support functions of the 
     National Response Framework.''.

     SEC. 1507. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.

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

     SEC. 1508. REMEDIAL ACTION MANAGEMENT PROGRAM.

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

     ``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

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

[[Page S3675]]

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

     SEC. 1509. CENTER FOR DOMESTIC PREPAREDNESS.

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

     SEC. 1510. FEMA SENIOR LAW ENFORCEMENT ADVISOR.

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

     ``SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR.

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

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

     SEC. 1511. TECHNICAL EXPERT AUTHORIZED.

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

     SEC. 1512. MISSION SUPPORT.

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

     SEC. 1513. STRATEGIC HUMAN CAPITAL PLAN.

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

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

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

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

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

[[Page S3676]]

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

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

     SEC. 1515. MANAGEMENT COSTS.

       Section 324 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5165b) is amended--
       (1) in subsection (a), by striking ``any administrative 
     expense, and any other expense not directly chargeable to'' 
     and inserting ``direct administrative cost, and any other 
     administrative expense associated with''; and
       (2) in subsection (b)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Notwithstanding'';
       (B) in paragraph (1), as so designated, by striking 
     ``establish'' and inserting ``implement''; and
       (C) by adding at the end the following:
       ``(2) Specific management costs.--The Administrator shall 
     provide for management costs, in addition to the eligible 
     project costs, to cover direct and indirect costs of 
     administering the following programs:
       ``(A) Hazard mitigation.--A grantee under section 404 may 
     be reimbursed for direct and indirect administrative costs in 
     a total amount of not more than 15 percent of the total 
     amount of the grant award under such section of which not 
     more than 10 percent may be used by the grantee and 5 percent 
     by the subgrantee for such costs.
       ``(B) Public assistance.--A grantee under sections 403, 
     406, 407, and 502 may be reimbursed direct and indirect 
     administrative costs in a total amount of not more than 12 
     percent of the total award amount under such sections, of 
     which not more than 7 percent may be used by the grantee and 
     5 percent by the subgrantee for such costs.''.

     SEC. 1516. PERFORMANCE OF SERVICES.

       Section 306 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5149) is amended by 
     adding at the end the following:
       ``(c) The Administrator of the Federal Emergency Management 
     Agency may appoint temporary personnel, after serving 
     continuously for 3 years, to positions in the Federal 
     Emergency Management Agency in the same manner that 
     competitive service employees with competitive status are 
     considered for transfer, reassignment, or promotion to such 
     positions. An individual appointed under this subsection 
     shall become a career-conditional employee, unless the 
     employee has already completed the service requirements for 
     career tenure.''.

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

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

     SEC. 1518. AGENCY ACCOUNTABILITY.

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

     ``SEC. 430. AGENCY ACCOUNTABILITY.

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

[[Page S3677]]

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

     SEC. 1519. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD 
                   MITIGATION.

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

[[Page S3678]]

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

     SEC. 1520. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY 
                   MANAGEMENT.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S3679]]

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

       TITLE VI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

     SEC. 1601. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

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

     ``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

        ``Subtitle A--Cybersecurity and Infrastructure Security

     ``SEC. 2201. DEFINITIONS.

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

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

       ``(a) Redesignation.--
       ``(1) In general.--The National Protection and Programs 
     Directorate of the Department shall, on and after the date of 
     the enactment of this subtitle, be known as the 
     `Cybersecurity and Infrastructure Security Agency' (in this 
     subtitle referred to as the `Agency').
       ``(2) References.--Any reference to the National Protection 
     and Programs Directorate of the Department in any law, 
     regulation, map, document, record, or other paper of the 
     United States shall be deemed to be a reference to the 
     Cybersecurity and Infrastructure Security Agency of the 
     Department.
       ``(b) Director.--
       ``(1) In general.--The Agency shall be headed by a Director 
     of Cybersecurity and

[[Page S3680]]

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

[[Page S3681]]

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

     ``SEC. 2203. CYBERSECURITY DIVISION.

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

     ``SEC. 2204. INFRASTRUCTURE SECURITY DIVISION.

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

[[Page S3682]]

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

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

       (iii) in subsection (b)--

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

       (iv) in subsection (c)--

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

       (v) in subsection (d)--

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

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

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

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

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

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

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

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

[[Page S3683]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (ii) in paragraph (4)--

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

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

       (I) in paragraph (1)--

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

       (II) in paragraph (4)--

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

       (III) in paragraph (5)--

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

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

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

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

       (ii) in subsection (b)--

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

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

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

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

                  ``TITLE II--INFORMATION ANALYSIS'';

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

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

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

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

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

                 ``Subtitle B--Information Security'';

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

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

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

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

[[Page S3684]]

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

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

     ``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

        ``Subtitle A--Cybersecurity and Infrastructure Security

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

           ``Subtitle B--Critical Infrastructure Information

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

     SEC. 1602. TRANSFER OF OTHER ENTITIES.

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

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

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

     SEC. 1604. RULE OF CONSTRUCTION.

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

     SEC. 1605. PROHIBITION ON ADDITIONAL FUNDING.

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

                        TITLE VII--OTHER MATTERS

                       Subtitle A--Miscellaneous

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

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

     SEC. 1702. CANINE TEAMS.

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

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

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

[[Page S3685]]

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

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

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

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

     SEC. 1711. SHORT TITLE.

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

     SEC. 1712. ESTABLISHMENT.

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

     SEC. 1713. MEMBERS OF THE COMMISSION.

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

     SEC. 1714. DUTIES OF THE COMMISSION.

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

     SEC. 1715. OPERATION AND POWERS OF THE COMMISSION.

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

     SEC. 1716. FUNDING.

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

     SEC. 1717. PERSONNEL.

       (a) Executive Director.--The Commission shall have an 
     Executive Director who shall be appointed by the chairperson 
     with the concurrence of the vice chairperson. The Executive 
     Director shall be paid at a rate of pay established by the 
     chairperson and vice chairperson, not to exceed the annual 
     rate of basic pay payable for level V of the Executive 
     Schedule under section 5316 of title 5, United States Code.
       (b) Staff of the Commission.--The Executive Director of the 
     Commission may appoint and fix the pay of additional staff as 
     the Executive Director considers appropriate.
       (c) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement f