[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  1st Session
                                H. R. 3359

_______________________________________________________________________

                                 AN ACT


 
      To amend the Homeland Security Act of 2002 to authorize the 
 Cybersecurity and Infrastructure Security Agency of the Department of 
               Homeland Security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cybersecurity and Infrastructure 
Security Agency Act of 2017''.

SEC. 2. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

    (a) In General.--The Homeland Security Act of 2002 is amended by 
adding at the end the following new title:

     ``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE 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 
        such term in section 2215.
            ``(2) Cybersecurity risk.--The term `cybersecurity risk' 
        has the meaning given such term in section 2209.
            ``(3) Cybersecurity threat.--The term `cybersecurity 
        threat' has the meaning given such term in paragraph (5) of 
        section 102 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) Federal entity.--The term `Federal entity' has the 
        meaning given such term in paragraph (8) of section 102 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)).
            ``(5) Non-federal entity.--The term `non-Federal entity' 
        has the meaning given such term in paragraph (14) of section 
        102 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)).
            ``(6) 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.
            ``(7) Sharing.--The term `sharing' has the meaning given 
        such term in section 2209.
            ``(8) 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.

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

    ``(a) Redesignation.--
            ``(1) In general.--The National Protection and Programs 
        Directorate of the Department shall, on and after the date of 
        the enactment of this subtitle, be known as the `Cybersecurity 
        and Infrastructure Security Agency' (in this subtitle referred 
        to as the `Agency').
            ``(2) References.--Any reference to the National Protection 
        and Programs Directorate of the Department in any law, 
        regulation, map, document, record, or other paper of the United 
        States shall be deemed to be a reference to the Cybersecurity 
        and Infrastructure Security Agency of the Department.
    ``(b) Director.--
            ``(1) In general.--The Agency shall be headed by a Director 
        of Cybersecurity and Infrastructure Security (in this subtitle 
        referred to as the `Director'), who shall report to the 
        Secretary.
            ``(2) Reference.--Any reference to an Under Secretary 
        responsible for overseeing critical infrastructure protection, 
        cybersecurity, and any other related program of the Department 
        as described in section 103(a)(1)(H) as in effect on the day 
        before the date of the enactment of this subtitle in any law, 
        regulation, map, document, record, or other paper of the United 
        States shall be deemed to be a reference to the Director of 
        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 Secretary's responsibilities 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) upon request provide analyses, expertise, and other 
        technical assistance to critical infrastructure owners and 
        operators and, where appropriate, provide such analyses, 
        expertise, and other technical assistance in coordination with 
        Sector-Specific Agencies and other Federal departments and 
        agencies;
            ``(6) 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;
            ``(7) maintain and utilize mechanisms for the regular and 
        ongoing consultation and collaboration among the Agency's 
        Divisions to further operational coordination, integrated 
        situational awareness, and improved integration across the 
        Agency in accordance with this Act;
            ``(8) develop, coordinate, and implement--
                    ``(A) comprehensive strategic plans for the 
                activities of the Agency; and
                    ``(B) risk assessments by and for the Agency;
            ``(9) carry out emergency communications responsibilities, 
        in accordance with title XVIII;
            ``(10) carry out cybersecurity, infrastructure security, 
        and emergency communications stakeholder outreach and 
        engagement and coordinate such outreach and engagement with 
        critical infrastructure Sector-Specific Agencies, as 
        appropriate; and
            ``(11) 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 such 
                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 such 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 such attacks and the 
                feasibility and potential efficacy of various 
                countermeasures to such 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 
                such 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 such 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 
                such 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 such responsibilities in order to 
                assist in the deterrence, prevention, 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 such 
                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 requirements of the Chemical 
                Facilities Anti-Terrorism Standards Program established 
                under title XXI and the secure handling of ammonium 
                nitrate established under subtitle J of title VIII.
            ``(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) of this subsection, upon certifying to and 
        briefing the appropriate congressional committees, and making 
        available to the public, at least 60 days prior to any such 
        reallocation that such 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 its responsibilities under this section.
                    ``(B) Private sector analysts.--Analysts under this 
                subsection may include analysts from the private 
                sector.
                    ``(C) Security clearances.--Analysts under this 
                subsection shall possess security clearances 
                appropriate for their work under this section.
            ``(4) Detail of personnel.--
                    ``(A) In general.--In order to assist the Agency in 
                discharging its responsibilities under this section, 
                personnel of the Federal agencies referred to in 
                subparagraph (B) may be detailed to the Agency for the 
                performance of analytic functions and related duties.
                    ``(B) Agencies specified.--The Federal agencies 
                referred to in subparagraph (A) are the following:
                            ``(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.
                            ``(viii) Any other agency of the Federal 
                        Government that the President considers 
                        appropriate.
                    ``(C) Interagency agreements.--The Secretary and 
                the head of an agency specified 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.--To the maximum extent practicable, the Director 
shall examine the establishment of central locations in geographical 
regions with a significant Agency presence. When establishing such 
locations, 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) assuring 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) assuring that personal information contained 
                in Privacy Act systems of records of the Agency is 
                handled in full compliance with fair information 
                practices as specified in 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 the 
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 
        subtitle 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 
        subsection (c)(7) of section 2202; 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 of 
        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, at the direction of the Director, the Chemical 
        Facilities Anti-Terrorism Standards Program established under 
        title XXI and the secure handling of ammonium nitrate 
        established under subtitle J of title VIII or successor 
        program;
            ``(3) fully participate in the mechanisms required under 
        subsection (c)(7) of section 2202; 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)) of the 
        Department of Homeland Security on the day before the date of 
        the enactment of this Act may continue to serve as the Director 
        of the Cybersecurity and Infrastructure Security Agency of the 
        Department on and after such date.
            (2) Director for emergency communications.--The individual 
        serving as the Director for Emergency Communications of the 
        Department of Homeland Security on the day before the date of 
        the enactment of this Act may continue to serve as the 
        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 the enactment of this Act may continue to 
        serve as the Assistant Director for Cybersecurity on and after 
        such date.
            (4) Assistant secretary for infrastructure security.--The 
        individual serving as the Assistant Secretary for 
        Infrastructure Protection on the day before the date of the 
        enactment of this Act may continue to serve as the 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 the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security 
shall provide to Congress, in accordance with the deadlines specified 
in paragraphs (1) and (2), information on the following:
            (1) Not later than 60 days after the date of the 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)(6) of the Homeland Security Act of 
        2002 (as added by subsection (a) of this section).
            (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 its use and improvement of the mechanisms required 
        pursuant to section 2202(c)(6) 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 Agency's mechanisms for regular 
        and ongoing consultation and collaboration, as required 
        pursuant to section 2202(c)(7) of the Homeland Security Act of 
        2002 (as added by subsection (a) of this section).
            (4) Not later than 1 year after the date of the enactment 
        of this Act, the activities of the Agency's consultation and 
        collaboration mechanisms as required pursuant to section 
        2202(c)(7) of the Homeland Security Act of 2002, and how such 
        mechanisms have impacted operational coordination, situational 
        awareness, and integration across the Agency.
    (e) Cyber Workforce.--Not later than 90 days after the date of the 
enactment of this subtitle, the Director of the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security 
shall submit to Congress a report detailing how the Agency is meeting 
legislative requirements under the Cybersecurity Workforce Assessment 
Act (Public Law 113-246) and the Homeland Security Cybersecurity 
Workforce Assessment Act (enacted as section 4 of the Border Patrol 
Agent Pay Reform Act of 2014; Public Law 113-277) to address cyber 
workforce needs.
    (f) Facility.--Not later than 180 days after the date of the 
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 Agency's mission.
    (g) Conforming Amendments to the Homeland Security Act of 2002.--
The Homeland Security Act of 2002 is amended--
            (1) in title I, by amending subparagraph (H) of section 
        103(a)(1) (6 U.S.C. 113(a)(1)) 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 heading, by striking 
                                ``and Infrastructure Protection''; and
                                    (II) by striking ``and an Office of 
                                Infrastructure Protection'';
                            (iii) in subsection (b)--
                                    (I) in the heading, by striking 
                                ``and Assistant Secretary for 
                                Infrastructure Protection''; and
                                    (II) by striking paragraph (3);
                            (iv) in subsection (c)--
                                    (I) by striking ``and 
                                infrastructure protection''; and
                                    (II) by striking ``or the Assistant 
                                Secretary for Infrastructure 
                                Protection, as appropriate'';
                            (v) in subsection (d)--
                                    (I) in the heading, by striking 
                                ``and Infrastructure Protection'';
                                    (II) in the matter preceding 
                                paragraph (1), by striking ``and 
                                infrastructure protection'';
                                    (III) by striking paragraphs (5) 
                                and (6) and redesignating paragraphs 
                                (7) through (26) as paragraphs (5) 
                                through (24), respectively;
                                    (IV) by striking paragraph (23), as 
                                so redesignated; and
                                    (V) by redesignating paragraph 
                                (24), as so redesignated, as paragraph 
                                (23);
                            (vi) in subsection (e)(1), by striking 
                        ``and the Office of Infrastructure 
                        Protection''; and
                            (vii) in subsection (f)(1), by striking 
                        ``and the Office of Infrastructure 
                        Protection'';
                    (D) in section 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'';
                    (E) in subparagraph (B) of section 210A(c)(2) (6 
                U.S.C. 124h(c)(2)), by striking ``Office of 
                Infrastructure Protection'' and inserting 
                ``Cybersecurity and Infrastructure Security Agency'';
                    (F) by transferring section 210E (6 U.S.C. 124) to 
                appear after section 2213 (as redesignated by 
                subparagraph (H) of this paragraph) and redesignating 
                such section 210E as section 2214;
                    (G) in subtitle B, by redesignating sections 211 
                through 215 (6 U.S.C. 101 note through 134) as sections 
                2221 through 2225, respectively, and inserting such 
                redesignated sections, including the enumerator and 
                heading of subtitle B (containing such redesignated 
                sections), after section 2214, as redesignated by 
                subparagraph (F) of this paragraph; and
                    (H) by redesignating sections 223 through 230 (6 
                U.S.C. 143 through 151) as sections 2205 through 2213, 
                respectively, and inserting such redesignated sections 
                after section 2204, as added by this Act;
            (3) in title III, in paragraph (3) of section 302 (6 U.S.C. 
        182), by striking ``Assistant Secretary for Infrastructure 
        Protection'' and inserting ``Director of the Cybersecurity and 
        Infrastructure Security Agency'';
            (4) in title V--
                    (A) in section 514 (6 U.S.C. 321c), by--
                            (i) striking subsection (b); and
                            (ii) redesignating subsection (c) as 
                        subsection (b);
                    (B) 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 the 
                        Cybersecurity and Infrastructure Security 
                        Agency''; and
                            (ii) in subsection (c), by striking 
                        ``Assistant Secretary for Infrastructure 
                        Protection'' and inserting ``Director of the 
                        Cybersecurity and Infrastructure Security 
                        Agency''; and
                    (C) in section 524(a)(2)(B) (6 U.S.C. 
                321m(a)(2)(B)), in the matter preceding clause (i)--
                            (i) by striking ``Assistant Secretary for 
                        Infrastructure Protection'' and inserting 
                        ``Director of the Cybersecurity and 
                        Infrastructure Security Agency''; and
                            (ii) by striking ``of the Assistant 
                        Secretary'' and inserting ``of the Director'';
            (5) in title VIII, in section 899B(a) (6 U.S.C. 488a(a)), 
        by inserting at the end the following new sentence: ``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 new sentence: ``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 office shall be the 
Assistant Director for Emergency Communications. The Assistant Director 
shall report to the Director of the Cybersecurity and Infrastructure 
Security Agency. All decisions of the Assistant Director that entail 
the exercise of significant authority shall be subject to the approval 
of the Director.'';
                            (iv) in subsection (c)--
                                    (I) in the matter preceding 
                                paragraph (1), by inserting 
                                ``Assistant'' before ``Director'';
                                    (II) in paragraph (14), by striking 
                                ``and'' at the end;
                                    (III) by redesignating paragraph 
                                (15) as paragraph (16); and
                                    (IV) by inserting after paragraph 
                                (14) the following new paragraph:
            ``(15) fully participate in the mechanisms required under 
        subsection (c)(7) of section 2202; and'';
                            (v) in subsection (d), 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. 575), 
                by striking ``Director for Emergency Communications'' 
                each place it appears and inserting ``Assistant 
                Director for Emergency Communications'';
                    (C) in section 1809 (6 U.S.C. 579)--
                            (i) by striking ``Director for Emergency 
                        Communications'' and inserting ``Assistant 
                        Director for Emergency Communications''; and
                            (ii) by striking ``Office of Emergency 
                        Communications'' each place it appears and 
                        inserting ``Emergency Communications 
                        Division''; and
                    (D) in section 1810 (6 U.S.C. 580)--
                            (i) 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 the Emergency Communications 
                        Division (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 
                        it appears and inserting ``Assistant 
                        Director'';
            (7) in title XXI (6 U.S.C. 621 et seq.)--
                    (A) in section 2101 (6 U.S.C. 621)--
                            (i) by redesignating paragraphs (4) through 
                        (14) as paragraphs (5) through (15), 
                        respectively; and
                            (ii) by inserting after paragraph (3) the 
                        following new paragraph:
            ``(4) the term `Director' means the Director of the 
        Cybersecurity and Infrastructure Security Agency;'';
                    (B) in paragraph (1) of section 2102(a) (6 U.S.C. 
                622(a)), by inserting at the end the following new 
                sentence: ``Such Program shall be located in the 
                Cybersecurity and Infrastructure Security Agency.''; 
                and
                    (C) in paragraph (2) of section 2104(c) (6 U.S.C. 
                624(c)), by striking ``Under Secretary responsible for 
                overseeing critical infrastructure protection, 
                cybersecurity, and other related programs of the 
                Department appointed under section 103(a)(1)(H)'' and 
                inserting ``Director of the Cybersecurity and 
                Infrastructure Security Agency''; and
            (8) in title XXII, as added by this Act--
                    (A) in section 2205, as so redesignated, in the 
                matter preceding paragraph (1), by striking ``Under 
                Secretary appointed under section 103(a)(1)(H)'' and 
                inserting ``Director of the Cybersecurity and 
                Infrastructure Security Agency'';
                    (B) in section 2206, as so redesignated, by 
                striking ``Assistant Secretary for Infrastructure 
                Protection'' and inserting ``Director of the 
                Cybersecurity and Infrastructure Security Agency'';
                    (C) in section 2209, as so redesignated--
                            (i) by striking ``Under Secretary appointed 
                        under section 103(a)(1)(H)'' each place it 
                        appears and inserting ``Director of the 
                        Cybersecurity and Infrastructure Security 
                        Agency'';
                            (ii) in subsection (b), by adding at the 
                        end the following new sentences: ``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
                            (iii) in subsection (c)(11), by striking 
                        ``Office of Emergency Communications'' and 
                        inserting ``Emergency Communications 
                        Division'';
                    (D) in section 2210, as so redesignated--
                            (i) by striking ``section 227'' each place 
                        it appears and inserting ``section 2209''; and
                            (ii) in subsection (c)--
                                    (I) by striking ``Under Secretary 
                                appointed under section 103(a)(1)(H)'' 
                                and inserting ``Director of the 
                                Cybersecurity and Infrastructure 
                                Security Agency''; and
                                    (II) by striking ``section 212(5)'' 
                                and inserting ``section 2225(5)'';
                    (E) in subsection (b)(2)(A) of section 2211, as so 
                redesignated, by striking ``section 227'' and inserting 
                ``section 2209'';
                    (F) in section 2212, as so redesignated, by 
                striking ``section 212(5)'' and inserting ``section 
                2225(5)''; and
                    (G) in section 2213, as so redesignated, in 
                subsection (a)--
                            (i) in paragraph (3), by striking ``section 
                        228'' and inserting ``section 2210''; and
                            (ii) in paragraph (4), by striking 
                        ``section 227'' and inserting ``section 2209''.
    (h) Conforming Amendment to Title 5, United States Code.--Section 
5314 of title 5, United States Code, is amended by inserting after 
``Under Secretaries, Department of Homeland Security.'' the following 
new item:
            ``Director, Cybersecurity and Infrastructure Security 
        Agency.''.
    (i) Clerical Amendments.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended--
            (1) in title II--
                    (A) in the item relating to the title heading, by 
                striking ``AND INFRASTRUCTURE PROTECTION'';
                    (B) in the item relating to the heading of subtitle 
                A, by striking ``and Infrastructure Protection'';
                    (C) in the item relating to section 201, by 
                striking ``and Infrastructure Protection'';
                    (D) by striking the item relating to section 210E;
                    (E) by striking the items relating to subtitle B of 
                title II; and
                    (F) by striking the items relating to section 223 
                through section 230;
            (2) in title XVIII, by amending the item relating to 
        section 1801 to read as follows:

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

     ``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. 3. 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 the 
enactment of this Act is hereby transferred to the Management 
Directorate of the Department.
    (b) Federal Protective Service.--The Secretary of Homeland Security 
is authorized to transfer the Federal Protective Service, as authorized 
under section 1315 of title 40, United States Code, to any component, 
directorate, or other office of the Department of Homeland Security 
that the Secretary determines appropriate.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act 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 the 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 the enactment of this Act, of any other 
        Federal agency or component of the Department of Homeland 
        Security.

SEC. 5. PROHIBITION ON ADDITIONAL FUNDING.

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

            Passed the House of Representatives December 11, 2017.

            Attest:

                                                                 Clerk.
115th CONGRESS

  1st Session

                               H. R. 3359

_______________________________________________________________________

                                 AN ACT

      To amend the Homeland Security Act of 2002 to authorize the 
 Cybersecurity and Infrastructure Security Agency of the Department of 
               Homeland Security, and for other purposes.