[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8309 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8309

    To authorize certain authorities of the Department of Homeland 
                   Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2020

 Mr. Rogers of Alabama (for himself, Mr. King of New York, Mr. McCaul, 
Mr. Katko, Mr. Walker, Mr. Higgins of Louisiana, Mrs. Lesko, Mr. Green 
 of Tennessee, Mr. Joyce of Pennsylvania, Mr. Crenshaw, Mr. Guest, Mr. 
 Bishop of North Carolina, Mr. Van Drew, and Mr. Garcia of California) 
 introduced the following bill; which was referred to the Committee on 
Homeland Security, and in addition to the Committees on the Judiciary, 
   Ways and Means, Transportation and Infrastructure, Oversight and 
Reform, Energy and Commerce, Foreign Affairs, and House Administration, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To authorize certain authorities 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keep America 
Secure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
             TITLE I--MANAGEMENT REFORM AND ACCOUNTABILITY

                   Subtitle A--Headquarters Operation

Sec. 101. Homeland security enterprise defined.
Sec. 102. Functions and components of headquarters of Department of 
                            Homeland Security.
Sec. 103. Repeal of Director of Shared Services and Office of 
                            Counternarcotics Enforcement of Department 
                            of Homeland Security.
Sec. 104. Responsibilities and functions of Chief Privacy Officer.
Sec. 105. Unmanned Aircraft Systems Countermeasures Coordinator.
Sec. 106. Responsibilities of Chief Financial Officer.
Sec. 107. Chief Information Officer.
Sec. 108. Quadrennial homeland security review.
Sec. 109. Office of Strategy, Policy, and Plans.
Sec. 110. Chief Procurement Officer.
Sec. 111. Chief Security Officer.
Sec. 112. Office of Partnership and Engagement.
Sec. 113. Department of Homeland Security rotation program.
Sec. 114. Annual submission to Congress of information regarding 
                            reprogramming or transfer of Department of 
                            Homeland Security resources to respond to 
                            operational surges.
Sec. 115. Overseas personnel briefing.
                     Subtitle B--Acquisition Reform

Sec. 121. Acquisition Review Board.
Sec. 122. Acquisition authorities for Under Secretary for Management of 
                            the Department of Homeland Security.
Sec. 123. Acquisition authorities for Under Secretary of Strategy, 
                            Policy, and Plans.
Sec. 124. Acquisition authorities for Program Accountability and Risk 
                            Management (PARM).
Sec. 125. Government Accountability Office review of board and of 
                            requirements to reduce duplication in 
                            acquisition programs.
Sec. 126. Excluded party list system waivers.
Sec. 127. Inspector general oversight of suspension and debarment.
Sec. 128. Congressional notification for major acquisition programs.
Sec. 129. Multiyear acquisition strategy.
Sec. 130. Acquisition reports.
Sec. 131. Prohibition on operation or procurement of foreign-made 
                            unmanned aircraft systems.
Sec. 132. Establishment of the Office of Biometric Identity Management.
                   Subtitle C--Management of Programs

Sec. 141. Department of Homeland Security enhanced hiring.
Sec. 142. Fitness standards.
Sec. 143. Training to protect the vulnerable.
Sec. 144. Department of Homeland Security Blue Campaign enhancement.
             TITLE II--INTELLIGENCE AND INFORMATION SHARING

                Subtitle A--DHS Intelligence Enterprise

Sec. 201. Annual homeland threat assessments.
Sec. 202. Homeland intelligence doctrine.
Sec. 203. Comptroller General assessment.
Sec. 204. Analysts for the chief intelligence officer.
Sec. 205. Establishment of Insider Threat Program.
Sec. 206. Department of Homeland Security counterintelligence vetting 
                            task force.
Sec. 207. Visa security.
Sec. 208. Chemical, biological, radiological, and nuclear intelligence 
                            and information sharing.
Sec. 209. Inland waters threat analysis.
Sec. 210. Transnational criminal organizations threat assessment.
Sec. 211. Department of Homeland Security counterterrorism advisory 
                            board.
Sec. 212. National Vetting Center.
Sec. 213. National Vetting Governance Board.
                    Subtitle B--Information Sharing

Sec. 215. Department of Homeland Security Fusion Center Partnership 
                            Initiative.
Sec. 216. Fusion center personnel needs assessment.
Sec. 217. Program for State and local analyst clearances.
Sec. 218. Information technology assessment.
Sec. 219. Department of Homeland Security classified facility inventory 
                            and dissemination.
Sec. 220. Terror inmate information sharing.
Sec. 221. Enhancing Department of Homeland Security suspicious activity 
                            reporting operations.
                        TITLE III--CYBERSECURITY

Sec. 301. Cybersecurity Advisory Committee.
Sec. 302. Cybersecurity essentials.
Sec. 303. Establishment of continuous diagnostics and mitigation 
                            program in the Cybersecurity and 
                            Infrastructure Security Agency.
Sec. 304. Administrative subpoena authority.
Sec. 305. CISA Director term limitation.
Sec. 306. State, local, Tribal, and territorial cybersecurity.
Sec. 307. Cybersecurity workforce.
Sec. 308. Election security.
Sec. 309. Protection from liability.
Sec. 310. Permanent extension of chemical facility anti-terrorism 
                            standards program of the Department of 
                            Homeland Security.
Sec. 311. Cybersecurity research and development projects.
Sec. 312. Loan repayment program.
Sec. 313. Exclusion of certain student loan repayments.
Sec. 314. Scholarship for service.
Sec. 315. Cybersecurity and Infrastructure Security Agency review.
Sec. 316. Strategy to secure email.
Sec. 317. Strengthening Federal networks.
Sec. 318. Authorization of appropriations.
                   TITLE IV--BORDER AND VISA SECURITY

Sec. 401. Additional U.S. Customs and Border Protection agents and 
                            officers.
Sec. 402. Establishment of workload staffing models for U.S. Border 
                            Patrol and Air and Marine Operations of 
                            CBP.
Sec. 403. U.S. Customs and Border Protection retention incentives.
Sec. 404. Study on efficacy of certain personnel screening methods for 
                            U.S. Customs and Border Protection use.
Sec. 405. Hiring flexibility.
Sec. 406. Supplemental commissioner authority and definitions.
Sec. 407. Technical and conforming amendment.
Sec. 408. Ports of entry infrastructure.
Sec. 409. U.S. Customs and Border Protection technology upgrades.
Sec. 410. Physical barriers along the southwest border.
Sec. 411. Air and Marine Operations flight hours.
Sec. 412. Amendments to U.S. Customs and Border Protection.
Sec. 413. Continuous screening by U.S. Customs and Border Protection.
Sec. 414. Customs Trade Partnership Against Terrorism.
Sec. 415. Strategy to ensure detection of all opioid purity levels at 
                            ports of entry.
Sec. 416. Authorization of the immigration advisory program.
Sec. 417. Border security technology accountability.
Sec. 418. Establishment of U.S. Immigration and Customs Enforcement.
Sec. 419. Biometric Identification Transnational Migration Alert 
                            Program.
Sec. 420. Reporting of visa overstays.
Sec. 421. Student and exchange visitor information system verification.
Sec. 422. Social media review of visa applicants.
Sec. 423. Homeland security investigations national gang unit.
Sec. 424. Homeland security investigations transnational criminal 
                            investigative units.
Sec. 425. Homeland security investigations innovation lab.
Sec. 426. Establishment of United States Citizenship and Immigration 
                            Services.
Sec. 427. Fraud prevention.
Sec. 428. Border security and trade modernization trust fund.
Sec. 429. Border security improvement plan.
Sec. 430. Integrated Border Enforcement Teams.
Sec. 431. No ban on information sharing.
Sec. 432. Border Security Advisory Committee.
Sec. 433. Border tunnel detection.
Sec. 434. Subterranean operations.
Sec. 435. Border enforcement security task force updates.
Sec. 436. Extension of port of entry donation authority.
                    TITLE V--TRANSPORTATION SECURITY

Sec. 501. Authorization of appropriations for salaries, operation, and 
                            maintenance of the Transportation Security 
                            Administration.
Sec. 502. Retention of security service fee by the Transportation 
                            Security Administration.
Sec. 503. Emerging and future threats task force.
Sec. 504. Comptroller General review.
Sec. 505. Enrollment redress.
Sec. 506. Training required.
Sec. 507. Identity and travel document verification.
Sec. 508. Standard operating procedures at airport checkpoints.
Sec. 509. Canine detection research and development.
Sec. 510. Security incident response at airports and surface 
                            transportation hubs.
Sec. 511. Alternate new security screening personnel training program 
                            cost and feasibility study.
Sec. 512. Prohibition of advance notice of covert testing to security 
                            screeners.
Sec. 513. Explosive detection technology.
Sec. 514. Recurrent vetting for surface transportation credential-
                            holders.
Sec. 515. Biometrics for TSA PreCheck.
Sec. 516. Secure Flight program.
Sec. 517. Known Crew Member program.
Sec. 518. Screening Partnership Program.
Sec. 519. Headquarters efficiency.
Sec. 520. Repeal of regulations.
Sec. 521. Sensitive security information.
Sec. 522. International aviation security.
Sec. 523. Office of Inspection accountability.
Sec. 524. Checkpoints of the future.
Sec. 525. Air cargo security.
Sec. 526. Childcare.
Sec. 527. Passengers with physical or cognitive disabilities.
Sec. 528. TSA Human Capital Strategic Plan.
Sec. 529. Screening technology deployment.
Sec. 530. Review of aviation security stakeholder access to Homeland 
                            Security Information Network.
Sec. 531. Airport public area security enhancement.
        TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY

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

Sec. 601. Urban Area Security Initiative.
Sec. 602. State Homeland Security Grant Program.
Sec. 603. Grants to directly eligible tribes.
Sec. 604. Law enforcement terrorism prevention.
Sec. 605. Prioritization.
Sec. 606. Allowable uses.
Sec. 607. Memoranda of understanding.
Sec. 608. Grants metrics.
Sec. 609. Grant management best practices.
Sec. 610. Prohibition on consolidation.
Sec. 611. Maintenance of grant investments.
Sec. 612. Allowable uses of funds for public transportation security 
                            assistance grants.
Sec. 613. Periods of performance for public transportation security 
                            assistance grants.
Sec. 614. Comptroller General review of public transportation security 
                            assistance grant program.
Sec. 615. Port security grant program.
Sec. 616. Cyber preparedness.
Sec. 617. Operation Stonegarden.
                       Subtitle B--Communications

Sec. 621. Office of Emergency Communications.
Sec. 622. Responsibilities of Office of Emergency Communications 
                            Director.
Sec. 623. Annual reporting on activities of the Office of Emergency 
                            Communications.
Sec. 624. National emergency communications plan.
Sec. 625. Technical edit.
Sec. 626. Public safety broadband network.
Sec. 627. Communications training.
         Subtitle C--Federal Emergency Management Agency (FEMA)

Sec. 631. Short title.
Sec. 632. Reauthorization of Federal Emergency Management Agency.
Sec. 633. National domestic preparedness consortium.
Sec. 634. Rural Domestic Preparedness Consortium.
Sec. 635. Center for Faith-Based and Neighborhood Partnerships.
Sec. 636. Emergency support functions.
Sec. 637. Review of national incident management system.
Sec. 638. Remedial action management program.
Sec. 639. Strategic human capital plan.
Sec. 640. Office of Disability Integration and Coordination.
Sec. 641. FEMA Senior Law Enforcement Advisor.
Sec. 642. Technical amendments to national emergency management.
              Subtitle D--Genome Editing Threat Assessment

Sec. 651. Genome editing threat assessment.
                    TITLE VII--PANDEMIC PREPAREDNESS

Sec. 701. Chief Medical Officer.
Sec. 702. Medical countermeasures program.
Sec. 703. Personal protective equipment.
Sec. 704. Teleworking assessment.
Sec. 705. Transportation security public health threat preparedness.
Sec. 706. Securing critical supplies.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the necessary expenses 
of the Department of Homeland Security authorized by this Act, the 
amendments made by this Act, and other provisions of law (including 
relevant provisions of title 49, United States Code, and the Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.))--
            (1) $59,100,000,000 for fiscal year 2021, of which--
                    (A) $11,975,942,980 shall be for grants and agency 
                expenditures as provided in titles III, IV, V, and VI 
                and the amendments made by such titles; and
                    (B) $7,917,936,000 shall be for the Transportation 
                Security Administration as provided by section 114(w) 
                of title 49, United States Code; and
            (2) $60,200,000,000 for fiscal year 2022, of which 
        $20,477,721,840 shall be for grants and agency expenditures as 
        provided in titles III, IV, V, and VI and the amendments made 
        by such titles.

             TITLE I--MANAGEMENT REFORM AND ACCOUNTABILITY

                   Subtitle A--Headquarters Operation

SEC. 101. HOMELAND SECURITY ENTERPRISE DEFINED.

    Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended--
            (1) by redesignating paragraphs (9) through (20) as 
        paragraphs (10) through (21), respectively; and
            (2) by inserting after paragraph (8) the following new 
        paragraph (9):
            ``(9) The term `homeland security enterprise' means any 
        relevant governmental or nongovernmental entity involved in 
        homeland security, including a Federal, State, or local 
        government official, private sector representative, academic, 
        or other policy expert.''.

SEC. 102. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF DEPARTMENT OF 
              HOMELAND SECURITY.

    Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) may enter into agreements with governments of other 
        countries, in consultation with the Secretary of State and 
        international nongovernmental organizations, in order to 
        achieve the missions of the Department.''; and
            (2) 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
            (3) by adding at the end the following new subsection:
    ``(h) Headquarters.--
            ``(1) Components.--There is in the Department a 
        Headquarters. The Department Headquarters shall include each of 
        the following:
                    ``(A) The Office of the Secretary.
                    ``(B) The Office of the Deputy Secretary.
                    ``(C) The Executive Secretary.
                    ``(D) The Management Directorate, including the 
                Office of the Chief Financial Officer.
                    ``(E) The Science and Technology Directorate.
                    ``(F) The Office of Strategy, Policy, and Plans.
                    ``(G) The Office of the General Counsel.
                    ``(H) The Office of the Chief Privacy Officer.
                    ``(I) The Office for Civil Rights and Civil 
                Liberties.
                    ``(J) The Office of Operations Coordination.
                    ``(K) The Office of Intelligence and Analysis.
                    ``(L) The Office of Legislative Affairs.
                    ``(M) The Office of Public Affairs.
                    ``(N) The Office of the Inspector General.
                    ``(O) The Office of the Citizenship and Immigration 
                Services Ombudsman.
                    ``(P) The Office of Partnership and Engagement.
                    ``(Q) The Countering Weapons of Mass Destruction 
                Office.
            ``(2) Functions.--The Secretary, acting through the 
        appropriate official of the Headquarters, shall--
                    ``(A) establish an overall strategy to successfully 
                further the mission of the Department;
                    ``(B) establish initiatives that improve 
                Department-wide operational performance;
                    ``(C) establish mechanisms to--
                            ``(i) ensure that components of the 
                        Department comply with Department policies and 
                        fully implement the strategies and initiatives 
                        of the Secretary; and
                            ``(ii) require the head of each component 
                        of the Department and component chief officers 
                        to comply with such policies and implement such 
                        strategies and initiatives;
                    ``(D) establish annual operational and management 
                objectives to evaluate the performance of the 
                Department;
                    ``(E) ensure that the Department successfully meets 
                operational and management performance objectives 
                through conducting oversight of component agencies;
                    ``(F) ensure that the strategies, priorities, 
                investments, and workforce of Department components 
                align with Department objectives;
                    ``(G) establish and implement policies related to 
                Department ethics and compliance standards;
                    ``(H) establish and implement, in consultation with 
                the Office of Civil Rights and Civil Liberties, 
                policies which preserve individual liberty, fairness, 
                and equality under the law;
                    ``(I) manage and encourage shared services across 
                Department components;
                    ``(J) lead and coordinate interaction with Congress 
                and other external organizations; and
                    ``(K) carry out other such functions as the 
                Secretary determines are appropriate.''.

SEC. 103. REPEAL OF DIRECTOR OF SHARED SERVICES AND OFFICE OF 
              COUNTERNARCOTICS ENFORCEMENT OF DEPARTMENT OF HOMELAND 
              SECURITY.

    (a) Abolishment of Director of Shared Services.--
            (1) Abolishment.--The position of Director of Shared 
        Services of the Department of Homeland Security is abolished.
            (2) Conforming amendment.--The Homeland Security Act of 
        2002 is amended by striking section 475 (6 U.S.C. 295).
            (3) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the item relating to 
        section 475.
    (b) Abolishment of the Office of Counternarcotics Enforcement.--
            (1) Abolishment.--The Office of Counternarcotics 
        Enforcement is abolished.
            (2) Conforming amendments.--The Homeland Security Act of 
        2002 is amended--
                    (A) 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
                    (B) by striking section 878 (6 U.S.C. 112).
            (3) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the item relating to 
        section 878.

SEC. 104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY OFFICER.

    (a) In General.--Section 222 of the Homeland Security Act of 2002 
(6 U.S.C. 142) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``to be the Chief Privacy 
                        Officer of the Department and, if the Secretary 
                        so appoints, the Chief Freedom of Information 
                        Act (FOIA) Officer,'' after ``in the 
                        Department,''; and
                            (ii) by striking ``to the Secretary, to 
                        assume primary responsibility for privacy 
                        policy'' and inserting ``to the Secretary. Such 
                        official shall be deemed the equivalent of an 
                        Assistant Secretary, and shall assume primary 
                        responsibility for privacy policy and, if 
                        determined appropriate by the Secretary, FOIA 
                        policy, of the Department'';
                    (B) in paragraph (5)(B), by striking ``and'' at the 
                end; and
                    (C) by striking paragraph (6) and inserting the 
                following new paragraphs:
            ``(6) developing guidance and recommendations 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, statutory, and 
        Department privacy requirements, mandates, directives, and 
        policies;
            ``(8) working with the Chief Information Officer of the 
        Department to identify methods for managing and overseeing the 
        records, management policies, and procedures of the Department;
            ``(9) working with components and offices of the Department 
        to ensure that policy development, information sharing, and 
        information management activities incorporate disclosure 
        considerations and privacy protections;
            ``(10) serving as the Chief FOIA Officer of the Department 
        for purposes of subsection (j) of section 552 of title 5, 
        United States Code (popularly known as the Freedom of 
        Information Act), to manage and process requests related to 
        such section;
            ``(11) developing guidance on procedures to be followed by 
        individuals making requests for information under such section 
        552;
            ``(12) overseeing hiring of FOIA officers and the 
        management and processing of requests for information under 
        such section 552 within Department Headquarters and relevant 
        Department component offices;
            ``(13) identifying and eliminating unnecessary and 
        duplicative technology and actions taken by the Department in 
        the course of processing requests for information under such 
        section 552;
            ``(14) preparing an annual report to Congress that includes 
        a description of--
                    ``(A) 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 (popularly known as the Privacy Act of 
                1974), internal controls, and other matters; and
                    ``(B) insignificant programs implemented or revised 
                in the Department during the fiscal year covered by the 
                report, the number of programs that the Chief Privacy 
                Officer has evaluated to ensure that privacy 
                protections are considered and implemented, the number 
                of programs reviewed that effectively implemented 
                privacy protections, and an explanation of why any new 
                programs did not effectively implement privacy 
                protections;
            ``(15) issuing guidance to relevant Department component 
        offices to ensure uniform disclosure policies and processes to 
        administer such section 552; and
            ``(16) carrying out such other responsibilities as the 
        Secretary determines are appropriate, consistent with this 
        section.''; and
            (2) by adding at the end the following new subsections:
    ``(f) Reassignment of Functions.--Notwithstanding any requirement 
under this section, the Secretary may reassign the functions related to 
managing and processing requests for information under section 552 of 
title 5, United States Code, to another officer within the Department, 
consistent with requirements of such section.
    ``(g) Working Group.--
            ``(1) In general.--The Chief Privacy Officer, or, if the 
        Secretary determines appropriate, whoever is appointed by the 
        Secretary as the Chief FOIA Officer, shall establish and serve 
        as the Chair of a working group comprised of personnel from 
        across the Department who are involved in executing disclosure 
        policies and processes involved in administration of section 
        552 of title 5, United States Code (commonly referred to as the 
        `Freedom of Information Act').
            ``(2) Purpose.--The working group established in accordance 
        with paragraph (1) shall be a forum--
                    ``(A) for the sharing of information and best 
                practices; and
                    ``(B) to develop solutions to challenges 
                encountered within Department component offices 
                relating to disclosure policies and processes referred 
                to in such paragraph.
            ``(3) Responsibilities.--Members of the working group shall 
        meet not less than once every quarter to advise the Chair on 
        matters concerning disclosure policies and processes involved 
        in the administration of section 552 of title 5, United States 
        Code, including on the following matters:
                    ``(A) The development of guidance for uniform 
                disclosure policies and processes, in accordance with 
                paragraph (15) of subsection (a).
                    ``(B) Ways to reduce unnecessary redundancies that 
                may undermine the responsive and efficient processing 
                of requests for information under such section 552.''.

SEC. 105. UNMANNED AIRCRAFT SYSTEMS COUNTERMEASURES COORDINATOR.

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

``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.

    ``(a) Coordinator.--The Secretary shall designate a senior official 
of the Office of Strategy, Policy, and Plans of the Department as the 
Countering Unmanned Aircraft Systems (UAS) Coordinator (in this section 
referred to as the `Coordinator') to coordinate with relevant 
Department offices and components, including the Office for Civil 
Rights and Civil Liberties and the Privacy Office and other relevant 
Federal agencies, as appropriate, on the development of policies and 
plans to counter threats associated with UAS in accordance with section 
210G, including the following:
            ``(1) Promoting research and development of counter UAS 
        technologies, in coordination with the Office of Science and 
        Technology of the Department.
            ``(2) Ensuring the dissemination of information and 
        guidance related to countering UAS threats.
            ``(3) Coordinate with the relevant components and offices 
        of the Department, including the Office of Intelligence and 
        Analysis, to ensure the sharing and retention of information, 
        guidance, and intelligence relating to countering UAS threats, 
        counter UAS threat assessment, and counter UAS technology.
            ``(4) Serving as the Department point of contact for 
        Federal, State, local, and Tribal law enforcement entities and 
        the private sector regarding the Department's activities 
        related to countering UAS.
            ``(5) Carrying out other related UAS authorities and 
        activities under such section 210G, as directed by the 
        Secretary.
    ``(b) Coordination With Applicable Federal Laws.--The Coordinator 
shall, in addition to other assigned duties, coordinate with relevant 
Department offices and components and other relevant Federal agencies, 
as appropriate, to ensure testing, evaluation, or deployment of a 
system used to identify, assess, or defeat a UAS is carried out in 
accordance with applicable Federal laws.
    ``(c) Coordination With Private Sector.--The Coordinator shall, 
working with the Office of Partnership and Engagement and other 
relevant Department offices and components, or other Federal agencies, 
as appropriate, serve as the principal Department official responsible 
for disseminating to the private sector information regarding counter 
UAS technology, particularly information regarding instances in which 
counter UAS technology may impact lawful private sector services or 
systems.
    ``(d) Termination.--The authority to carry out this section 
terminates on the date specified in section 210G(i).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 320 the following new item:

``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.

SEC. 106. 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 new 
        subsection (b):
    ``(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) provide guidance for and over 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 life cycle of such programs and 
        activities;
            ``(9) fully implement a common accounting structure to be 
        used across the entire Department by fiscal year 2022; and
            ``(10) 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 or attended by Department employees 
                for which the total expenditures of the Department 
                exceed $20,000, within 15 days after the date of the 
                conference; and
                    ``(B) with respect to such expenditures, provide to 
                the Inspector General--
                            ``(i) the information described in 
                        subsections (a), (b), and (c) of section 739 of 
                        title VII of division E of the Consolidated and 
                        Further Continuing Appropriations Act, 2015 
                        (Public Law 113-235); 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. 107. CHIEF INFORMATION OFFICER.

    (a) In General.--Section 703 of the Homeland Security Act of 2002 
(6 U.S.C. 343) is amended--
            (1) in subsection (a), by adding at the end the following 
        new sentence: ``In addition to the functions under section 
        3506(a)(2) of title 44, United States Code, the Chief 
        Information Officer shall perform the functions set forth in 
        this section and such other functions as may be assigned by the 
        Secretary.'';
            (2) by redesignating subsection (b) as subsection (d); and
            (3) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Responsibilities.--In addition to performing the functions 
under section 3506 of title 44, United States Code, the Chief 
Information Officer shall serve as the lead technical authority for 
information technology programs of the Department and Department 
components, and shall--
            ``(1) advise and assist the Secretary, heads of the 
        components of the Department, and other senior officers in 
        carrying out the responsibilities of the Department for all 
        activities relating to the budgets, programs, security, and 
        operations of the information technology functions of the 
        Department;
            ``(2) to the extent delegated by the Secretary, exercise 
        leadership and authority over Department information technology 
        management and establish the information technology priorities, 
        policies, processes, standards, guidelines, and procedures of 
        the Department to ensure interoperability and standardization 
        of information technology;
            ``(3) maintain a consolidated inventory of the mission 
        critical and mission essential information systems of the 
        Department, and develop and maintain contingency plans for 
        responding to a disruption in the operation of any of those 
        information systems;
            ``(4) maintain the security, visibility, reliability, 
        integrity, and availability of data and information technology 
        of the Department;
            ``(5) establish and implement policies and procedures to 
        effectively monitor and manage vulnerabilities in the supply 
        chain for purchases of information technology, in consultation 
        with the Chief Procurement Officer of the Department;
            ``(6) review contracts and interagency agreements 
        associated with major information technology investments and 
        information technology investments that have had cost, 
        schedule, or performance challenges in the past;
            ``(7) assess the risk of all major information technology 
        investments and publicly report the risk rating to the Office 
        of Management and Budget;
            ``(8) oversee the management of the Homeland Security 
        Enterprise Architecture technology system and ensure that, 
        before each acquisition decision event (as such term is defined 
        in section 839), approved information technology acquisitions 
        comply with any departmental information technology management 
        requirements, security protocols, and the Homeland Security 
        Enterprise Architecture, and in any case in which information 
        technology acquisitions do not comply with the Department's 
        management directives, making recommendations to the 
        Department's Acquisition Review Board regarding such 
        noncompliance;
            ``(9) provide recommendations to the Acquisition Review 
        Board regarding information technology programs, and developing 
        information technology acquisition strategic guidance; and
            ``(10) carry out any other responsibilities delegated by 
        the Secretary consistent with an effective information system 
        management function.
    ``(c) Strategic Plans.--In coordination with the Chief Financial 
Officer, the Chief Information Officer shall develop an information 
technology strategic plan every five 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--
            ``(1) the budget of the Department aligns with priorities 
        specified in the information technology strategic plan;
            ``(2) the information technology strategic plan informs the 
        budget process of the Department;
            ``(3) information technology priorities were or were not 
        funded and the reasons for not funding all priorities in a 
        given fiscal year;
            ``(4) the Department has identified and addressed skills 
        gaps needed to implement the information technology strategic 
        plan; and
            ``(5) unnecessary duplicate information technology within 
        and across the components of the Department has been 
        eliminated.''.
    (b) Software Licensing.--
            (1) Software inventory.--Not later than 180 days after the 
        date of the enactment of this Act and every two years 
        thereafter until 2024, the Chief Information Officer of the 
        Department of Homeland Security, in consultation with 
        Department component chief information officers, shall--
                    (A) conduct a Department-wide inventory of all 
                existing software licenses held by the Department, 
                including utilized and unutilized licenses;
                    (B) assess the needs of the Department and the 
                components of the Department for software licenses for 
                the subsequent two fiscal years;
                    (C) examine how the Department can achieve the 
                greatest possible economies of scale and cost savings 
                in the procurement of software licenses;
                    (D) determine how the use of shared cloud-computing 
                services will impact the needs for software licenses 
                for the subsequent two fiscal years;
                    (E) establish plans and estimated costs for 
                eliminating unutilized software licenses for the 
                subsequent two fiscal years; and
                    (F) submit a copy of each inventory conducted under 
                subparagraph (A) to the Committee on Homeland Security 
                of the House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate.
            (2) Plan to reduce software licenses.--If the Chief 
        Information Officer determines through the inventory conducted 
        under paragraph (1) that the number of software licenses held 
        by the Department and the components of the Department exceed 
        the needs of the Department, 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.
            (3) Prohibition on procurement of new software licenses.--
                    (A) In general.--Except as provided in subparagraph 
                (B), upon completion of a plan under paragraph (2), no 
                additional resources may be obligated for the 
                procurement of new software licenses for the Department 
                until such time as the need of the Department exceeds 
                the number of used and unused licenses held by the 
                Department.
                    (B) Exception.--The Chief Information Officer may 
                authorize the purchase of additional licenses and amend 
                the number of needed licenses as necessary.
    (c) Comptroller General Review.--Not later than fiscal year 2022, 
the Comptroller General of the United States shall review the extent to 
which the Chief Information Officer fulfilled all requirements 
established in this section and the amendment made by this section.
    (d) Completion of First Definition of Capabilities.--Not later than 
one year after the date of the enactment of this Act, the Chief 
Information Officer shall complete the first information technology 
strategic plan required under subsection (c) of section 701 of the 
Homeland Security Act of 2002, as added by subsection (a) of this 
section.

SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) In General.--Section 707 of the Homeland Security Act of 2002 
(6 U.S.C. 347) is amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph (C):
                    ``(C) representatives from appropriate advisory 
                committees established pursuant to section 871, 
                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 of 
                the year'' and inserting ``60 days after the date of 
                the submittal of the President's budget for the fiscal 
                year after the fiscal year''; and
                    (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);
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following new 
        subsection:
    ``(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 
after December 31, 2020.

SEC. 109. OFFICE OF STRATEGY, POLICY, AND PLANS.

    (a) In General.--Section 709 of the Homeland Security Act of 2002 
(6 U.S.C. 349) is amended--
            (1) in subsection (a), by adding at the end he following: 
        ``The Office of Strategy, Policy, and Plans shall include the 
        following components:
            ``(1) The Office of International Affairs.
            ``(2) The Office of Cyber Policy.
            ``(3) The Office of Strategy, Planning, Analysis, and Risk.
            ``(4) The Office of Threat Prevention and Security Policy.
            ``(5) The Office of Border, Immigration, and Trade 
        Policy.'';
            (2) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively; and
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Assistant Secretary for International Affairs.--The Office of 
International Affairs shall be led by an Assistant Secretary for 
International Affairs appointed by the Secretary. The Assistant 
Secretary shall--
            ``(1) coordinate international activities within the 
        Department, including activities carried out by the components 
        of the Department, in consultation with other Federal officials 
        with responsibility for counterterrorism and homeland security 
        matters;
            ``(2) advise, inform, and assist the Secretary with respect 
        to the development and implementation of the policy priorities 
        of the Department, including strategic priorities for the 
        deployment of assets, including personnel, outside the United 
        States;
            ``(3) develop, in consultation with the Under Secretary for 
        Management, guidance for selecting, assigning, training, and 
        monitoring overseas deployments of Department personnel, 
        including minimum standards for pre-deployment training;
            ``(4) maintain awareness regarding the international travel 
        of senior officers of the Department and their intent to pursue 
        negotiations with foreign government officials, and review 
        resulting draft agreements; and
            ``(5) perform such other functions as are established by 
        law or delegated by the Under Secretary for Policy.''.
    (b) 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 such office as of the day before 
        the date of the enactment of this Act, and the assets and 
        personnel associated with such functions, are transferred to 
        the head of the Office of International Affairs provided for by 
        section 709 of the Homeland Security Act of 2002, as amended by 
        this section.
            (3) Conforming amendment.--The Homeland Security Act of 
        2002 is amended by striking section 879 (6 U.S.C. 459).
            (4) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the item relating to 
        section 879.
    (c) Conforming Amendments Relating to Assistant Secretaries.--
Subsection (a) of section 103 of the Homeland Security Act of 2002 (6 
U.S.C. 113) is amended--
            (1) in the subsection heading, by inserting ``; Assistant 
        Secretaries and Other Officers'' after ``Under Secretaries'';
            (2) in paragraph (1), by amending subparagraph (I) to read 
        as follows:
                    ``(I) An Administrator of the Transportation 
                Security Administration.'';
            (3) by amending paragraph (2) to read as follows:
            ``(2) Assistant secretaries.--The following Assistant 
        Secretaries shall be appointed by the President or the 
        Secretary, as the case may be, without the advice and consent 
        of the Senate:
                    ``(A) Presidential appointments.--The Department 
                shall have the following officials appointed by the 
                President:
                            ``(i) The Assistant Secretary for the 
                        Countering Weapons of Mass Destruction Office.
                            ``(ii) The Assistant Secretary for Public 
                        Affairs.
                            ``(iii) The Assistant Secretary for 
                        Legislative Affairs.
                            ``(iv) The Chief Medical Officer.
                    ``(B) Secretarial appointments.--The Department 
                shall have the following Assistant Secretaries 
                appointed by the Secretary:
                            ``(i) The Principal Assistant Secretary for 
                        External Affairs.
                            ``(ii) The Assistant Secretary, Office of 
                        Cybersecurity and Communications.
                            ``(iii) The Assistant Secretary for 
                        International Affairs.
                            ``(iv) The Assistant Secretary for 
                        Partnership and Engagement.
                            ``(v) The Assistant Secretary for Threat 
                        Prevention and Security Policy.
                            ``(vi) The Assistant Secretary for Border, 
                        Immigration, and Trade Policy.
                            ``(vii) The Assistant Secretary for Cyber, 
                        Infrastructure, and Resilience Policy.
                            ``(viii) The Assistant Secretary for 
                        Strategy, Planning, Analysis, and Risk.
                            ``(ix) The Assistant Secretary for State 
                        and Local Law Enforcement.''; and
            (4) by adding at the end the following new paragraph:
            ``(3) Assistant secretary for legislative affairs.--The 
        Assistant Secretary for Legislative Affairs shall oversee one 
        internal reporting structure for engaging with authorizing and 
        appropriating congressional committees.''.
    (d) Homeland Security Advisory Council.--Subsection (b) of section 
102 of the Homeland Security Act of 2002 (6 U.S.C. 112) 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 new paragraph:
            ``(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.''.
    (e) Definitions.--In this section each of the terms ``functions'', 
``assets'', and ``personnel'' has the meaning given each such term 
under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
    (f) Duplication Review.--
            (1) Review required.--Not later than one year after the 
        date of the 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 60 days after 
        the completion of the review required under paragraph (1), the 
        Secretary 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 one year after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        congressional homeland security committees 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. 110. CHIEF PROCUREMENT OFFICER.

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

``SEC. 711. 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) provide input on the periodic performance reviews of 
        each head of contracting activity of the Department;
            ``(8) collect baseline data and use such data to establish 
        performance measures on the impact of strategic sourcing 
        initiatives on the private sector, including small businesses;
            ``(9) establish and implement policies and procedures to 
        effectively monitor and manage vulnerabilities in the supply 
        chain for all Department purchases;
            ``(10) ensure that a fair proportion of the value of 
        Federal contracts and subcontracts are awarded to small 
        businesses (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 businesses that achieve qualified vendor 
        status for security-related technologies are provided an 
        opportunity to compete for contracts for such technology;
            ``(11) conduct oversight of implementation of 
        administrative agreements to resolve suspension or debarment 
        proceedings; and
            ``(12) 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 responsible for 
the creation, management, and oversight of a team of procurement 
professionals properly trained, certified, and warranted to accomplish 
the acquisition of products and services on behalf of the designated 
components, offices, and organizations of the Department, and as 
authorized, other government entities.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, is amended by inserting after the 
item relating to section 710 the following new item:

``Sec. 711. Chief Procurement Officer.''.

SEC. 111. 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 this title, is further amended by 
adding at the end the following new section:

``SEC. 712. 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 and implement the security policies, 
        programs, and standards of the Department;
            ``(2) identify training and provide education to Department 
        personnel on security-related matters; and
            ``(3) provide support to Department components on security-
        related matters.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 711, as added by this title, the following new item:

``Sec. 712. Chief Security Officer.''.

SEC. 112. OFFICE OF PARTNERSHIP AND ENGAGEMENT.

    (a) In General.--Section 801 of the Homeland Security Act of 2002 
(6 U.S.C. 361) is amended to read as follows:

``SEC. 801. OFFICE OF PARTNERSHIP AND ENGAGEMENT.

    ``(a) Establishment.--There is established within the Office of the 
Secretary an Office of Partnership and Engagement, which shall be led 
by an Assistant Secretary.
    ``(b) Responsibilities.--The Assistant Secretary shall--
            ``(1) lead the efforts of the Department to incorporate 
        external feedback from stakeholders into policy and strategic 
        planning efforts, as appropriate, in consultation with the 
        Office for Civil Rights and Civil Liberties;
            ``(2) oversee and support the activities conducted under 
        section 2006(b);
            ``(3) advise the Secretary on the effects of the policies, 
        regulations, processes, and actions of the Department on the 
        private sector and create and foster strategic communications 
        with the private sector to enhance the primary mission of the 
        Department to protect the homeland;
            ``(4) coordinate the activities of the Department relating 
        to State and local governments;
            ``(5) provide State and local governments with regular 
        information, research, and technical support to assist State 
        and local efforts at securing the homeland; and
            ``(6) perform such other functions as are established by 
        law or delegated by the Secretary.''.
    (b) Office for State and Local Law Enforcement.--Paragraph (1) of 
section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) 
is amended by striking ``Policy Directorate'' and inserting ``Office of 
Partnership and Engagement''.
    (c) Abolishment of Office for State and Local Government 
Coordination.--
            (1) In general.--The Office for State and Local Government 
        Coordination of the Department of Homeland Security is 
        abolished.
            (2) Transfer of functions and assets.--The functions 
        authorized to be performed by such office as of the day before 
        the date of the enactment of this Act, and the assets and 
        personnel associated with such functions, are transferred to 
        the head of the Office of Partnership and Engagement under 
        section 801 of the Homeland Security Act of 2002, as amended by 
        this section.
    (d) Abolishment of Special Assistant to Secretary of Homeland 
Security.--
            (1) In general.--The position of Special Assistant to the 
        Secretary of Homeland Security authorized under section 102(f) 
        of the Homeland Security Act of 2002 (6 U.S.C. 112(f)), as in 
        effect on the day before the date of the enactment of this Act, 
        is abolished.
            (2) Transfer of functions and assets.--The functions 
        authorized to be performed by such Special Assistant to the 
        Secretary as of the day before such date of enactment, and the 
        assets and personnel associated with such functions, are 
        transferred to the head of the Office of Partnership and 
        Engagement under section 801 of the Homeland Security Act of 
        2002, as amended by this section.
            (3) Conforming amendment.--Section 102 of the Homeland 
        Security Act of 2002 (6 U.S.C. 112) is amended by--
                    (A) striking subsection (f); and
                    (B) redesignating subsection (g) as subsection (f).
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by amending the item relating to section 801 to 
read as follows:

``Sec. 801. Office of Partnership and Engagement.''.

SEC. 113. 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 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 new paragraphs:
            ``(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 one 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 new subsection:
    ``(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.''.
    (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 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. 114. ANNUAL SUBMISSION TO CONGRESS OF INFORMATION REGARDING 
              REPROGRAMMING OR TRANSFER OF DEPARTMENT OF HOMELAND 
              SECURITY RESOURCES TO RESPOND TO OPERATIONAL SURGES.

    (a) In General.--Title VII of the Homeland Security Act of 2002, as 
amended by this title, is further amended by adding at the end the 
following new section:

``SEC. 713. ANNUAL SUBMISSION 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 of 
Homeland Security shall provide to the Committee on Homeland Security 
of the House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate, together with the annual budget 
request for the Department, information on--
            ``(1) any circumstance during the 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) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by inserting after the item relating to 
section 712, as added by this title, the following new item:

``Sec. 713. Annual submission to Congress of information on 
                            reprogramming or transfers of funds to 
                            respond to operational surges.''.

SEC. 115. OVERSEAS PERSONNEL BRIEFING.

    (a) Briefing Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act and every 180 days thereafter, the 
        Secretary of Homeland Security shall provide to the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a briefing regarding Department of Homeland Security 
        personnel with primary duties that take place outside of the 
        United States.
            (2) Requirements.--The briefings required under paragraph 
        (1) shall include the following:
                    (A) A detailed summary of, and deployment schedule 
                for, each type of personnel position with primary 
                duties that take place outside of the United States and 
                how each such position contributes to the Department of 
                Homeland Security's counterterrorism mission.
                    (B) Information related to how the geographic and 
                regional placement of such positions contributes to the 
                Department's counterterrorism mission.
                    (C) Information related to any risk mitigation 
                plans for each geographic and regional placement, 
                including to address counter-intelligence risks.
                    (D) Information regarding the costs of deploying or 
                maintaining personnel at each geographic and regional 
                placement, including information on any cost-sharing 
                agreement with foreign partners to cover a portion or 
                all the costs relating to such deployment or 
                maintenance.
                    (E) Maintain and enhance practices to guard against 
                counter-espionage and counter-intelligence threats, 
                including cyber threats, associated with Department 
                personnel.
                    (F) Information regarding trends in foreign efforts 
                to influence such personnel while deployed overseas to 
                contribute to the Department's counterterrorism 
                mission.
                    (G) Information related to the position-specific 
                training received by such personnel before and during 
                placement at a foreign location.
                    (H) Challenges that may impede the communication of 
                counterterrorism information between Department 
                personnel at foreign locations and Department entities 
                in the United States, including technical, resource, 
                and administrative challenges.
                    (I) The status of efforts to implement the strategy 
                referred to in paragraph (1).
                    (J) The status of efforts (beginning with the 
                second briefing required under this subsection) to 
                implement the enhancement plan under subsection (b).
            (3) Termination.--The briefing requirement under paragraph 
        (1) shall terminate on the date that is 4 years after the 
        submission of the strategy referred to in such paragraph.
    (b) Overseas Personnel Enhancement Plan.--
            (1) In general.--Not later than 90 days after the first 
        briefing required under subsection (a), the Secretary shall 
        submit to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate a plan to enhance the 
        effectiveness of Department of Homeland Security personnel at 
        foreign locations.
            (2) Plan requirements.--The plan required under paragraph 
        (1) shall include proposals to--
                    (A) improve efforts of Department of Homeland 
                Security personnel at foreign locations, as necessary, 
                for purposes of providing foreign partner capacity 
                development and furthering the Department's 
                counterterrorism mission;
                    (B) as appropriate, redeploy Department personnel 
                to respond to changing threats to the United States;
                    (C) enhance collaboration among Department 
                personnel at foreign locations, other Federal personnel 
                at foreign locations, and foreign partners;
                    (D) improve the communication of counterterrorism 
                information between Department personnel at foreign 
                locations and Department entities in the United States, 
                including to address technical, resource, and 
                administrative challenges; and
                    (E) maintain practices to guard against counter-
                espionage threats associated with Department personnel.

                     Subtitle B--Acquisition Reform

SEC. 121. ACQUISITION REVIEW BOARD.

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

``SEC. 836. ACQUISITION REVIEW BOARD.

    ``(a) In General.--The Secretary shall establish an Acquisition 
Review Board (in this section referred to as the `Board') to--
            ``(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) Chair.--The Under Secretary for Management shall 
        serve as chair of the Board.
            ``(2) Participation.--The Secretary shall ensure 
        participation by other relevant Department officials with 
        responsibilities related to acquisitions as permanent members 
        of the Board.
            ``(3) Oversight.--The Under Secretary for Management shall 
        designate a full-time employee of the Department to oversee the 
        operations of the Board.
    ``(c) Meetings.--The Board shall meet regularly for purposes of 
ensuring all acquisitions processes proceed in a timely fashion to 
achieve mission readiness. The Board shall convene at the Secretary's 
discretion and at any time--
            ``(1) a major acquisition program--
                    ``(A) requires authorization to proceed from one 
                acquisition decision event to another throughout the 
                acquisition life cycle;
                    ``(B) is in breach of its approved requirements; or
                    ``(C) requires additional review, as determined by 
                the Under Secretary for Management; or
            ``(2) 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 has met the 
        requirements of key phases of the acquisition life cycle 
        framework and is able to proceed to the next phase and eventual 
        full production and deployment.
            ``(2) Oversee whether a proposed acquisition's business 
        strategy, resources, management, and accountability is 
        executable and is aligned to strategic initiatives.
            ``(3) Support the person with acquisition decision 
        authority for an acquisition in determining the appropriate 
        direction for such acquisition at key acquisition decision 
        events.
            ``(4) Conduct systematic reviews of acquisitions to ensure 
        that such acquisitions are progressing in compliance with the 
        approved documents for their current acquisition phases.
            ``(5) Review the acquisition documents of each major 
        acquisition program, including the acquisition program baseline 
        and documentation reflecting consideration of tradeoffs among 
        cost, schedule, and performance objectives, to ensure the 
        reliability of underlying data.
            ``(6) Ensure that practices are adopted and implemented to 
        require consideration of trade-offs among cost, schedule, and 
        performance objectives as part of the process for developing 
        requirements for major acquisition programs prior to the 
        initiation of the second acquisition decision event, including, 
        at a minimum, the following practices:
                    ``(A) Department officials responsible for 
                acquisition, budget, and cost estimating functions are 
                provided with the appropriate opportunity to develop 
                estimates and raise cost and schedule matters before 
                performance objectives are established for capabilities 
                when feasible.
                    ``(B) Full consideration 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 such program to proceed into the planning 
phase before such program has a Department-approved acquisition program 
baseline, the Under Secretary for Management shall create and approve 
an acquisition program baseline report regarding such approval, and the 
Secretary shall--
            ``(1) within 7 days after an acquisition decision 
        memorandum is signed, notify in writing the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate of such decision; and
            ``(2) within 60 days after the acquisition decision 
        memorandum is signed, submit to such committees a written 
        explanation of the rationale for such decision and a plan of 
        action to address acquisition program baseline requirements for 
        such program.
    ``(f) Report.--The Under Secretary for Management shall provide 
information to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate on an annual basis through fiscal year 2024 on 
the activities of the Board for the prior fiscal year that includes 
information relating to the following:
            ``(1) For each meeting of the Board, any acquisition 
        decision memoranda.
            ``(2) Results of the systematic reviews conducted pursuant 
        to paragraph (4) of subsection (d).
            ``(3) Results of acquisition document reviews required 
        pursuant to paragraph (5) of subsection (d).
            ``(4) Activities to ensure that practices are adopted and 
        implemented throughout the Department pursuant to paragraph (6) 
        of subsection (d).
    ``(g) Definitions.--In this section:
            ``(1) Acquisition.--The term `acquisition' has the meaning 
        given such term in section 131 of title 41, United States Code.
            ``(2) Acquisition decision authority.--The term 
        `acquisition decision authority' means the authority, held by 
        the Secretary acting through the Deputy Secretary or Under 
        Secretary for Management to--
                    ``(A) ensure compliance with Federal law, the 
                Federal Acquisition Regulation, and Department 
                acquisition management directives;
                    ``(B) review (including approving, pausing, 
                modifying, or cancelling) an acquisition program 
                through the life cycle of such program;
                    ``(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 such 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 such program to avoid and mitigate 
                acquisition program baseline breaches.
            ``(3) Acquisition decision event.--The term `acquisition 
        decision event', with respect to an acquisition program, means 
        a predetermined point within each of the acquisition phases at 
        which the acquisition decision authority determines whether 
        such acquisition program shall proceed to the next acquisition 
        phase.
            ``(4) Acquisition decision memorandum.--The term 
        `acquisition decision memorandum', with respect to an 
        acquisition, means the official acquisition decision event 
        record that includes a documented record of decisions, exit 
        criteria, and assigned actions for such acquisition, as 
        determined by the person exercising acquisition decision 
        authority for such acquisition.
            ``(5) Acquisition program.--The term `acquisition program' 
        means the process by which the Department acquires, with any 
        appropriated amounts, by contract for purchase or lease, 
        property or services (including construction) that support the 
        missions and goals of the Department.
            ``(6) Acquisition program baseline.--The term `acquisition 
        program baseline', with respect to an acquisition program, 
        means a summary of the cost, schedule, and performance 
        parameters, expressed in standard, measurable, quantitative 
        terms, which must be met in order to accomplish the goals of 
        such program.
            ``(7) Best practices.--The term `best practices', with 
        respect to acquisition, means a knowledge-based approach to 
        capability development that includes--
                    ``(A) identifying and validating needs;
                    ``(B) assessing alternatives to select the most 
                appropriate solution;
                    ``(C) clearly establishing well-defined 
                requirements;
                    ``(D) developing realistic cost assessments and 
                schedules;
                    ``(E) securing stable funding that matches 
                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) establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions; and
                    ``(J) integrating the capabilities described in 
                subparagraphs (A) through (I) into the Department's 
                mission and business operations.
            ``(8) Major acquisition program.--The term `major 
        acquisition program' means a Department acquisition program 
        that is estimated by the Secretary to require an eventual total 
        expenditure of at least $300 million (based on fiscal year 2019 
        constant dollars) over its life cycle cost.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 835 the following new 
item:

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

SEC. 122. 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 by--
            (1) 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
            (2) inserting after subsection (c) the following new 
        subsection:
    ``(d) Acquisition and Related Responsibilities.--
            ``(1) In general.--Notwithstanding section 1702(a) of title 
        41, United States Code, the Under Secretary for Management is 
        the Chief Acquisition Officer of the Department. As Chief 
        Acquisition Officer, the Under Secretary shall have the 
        authorities and perform the functions specified in such section 
        1702(b), and 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 (as 
        such term is defined in section 836) include the following:
                    ``(A) Advising the Secretary regarding acquisition 
                management activities, taking into account risks of 
                failure to achieve cost, schedule, or performance 
                parameters, to ensure that the Department achieves its 
                mission through the adoption of widely accepted program 
                management best practices (as such term is defined in 
                section 836) and standards and, where appropriate, 
                acquisition innovation best practices.
                    ``(B) Leading the Department's acquisition 
                oversight body, the Acquisition Review Board.
                    ``(C) Exercising the acquisition decision authority 
                (as such term is defined in section 836) to approve, 
                pause, modify (including the rescission of approvals of 
                program milestones), or cancel major acquisition 
                programs (as such term is defined in section 836), 
                unless the Under Secretary delegates such authority to 
                a Component Acquisition Executive (as such term is 
                defined in section 836) pursuant to paragraph (3).
                    ``(D) 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 (as such term is defined in section 836).
                    ``(E) Ensuring that each major acquisition program 
                has a Department-approved acquisition program baseline 
                (as such term is defined in section 836), pursuant to 
                the Department's acquisition management policy.
                    ``(F) Assisting the heads of components and 
                Component Acquisition Executives in efforts to comply 
                with Federal law, the Federal Acquisition Regulation, 
                and Department acquisition management directives.
                    ``(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 
                Department's information systems and technologies, 
                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.
            ``(3) Delegation of certain acquisition decision 
        authority.--
                    ``(A) Level 3 acquisitions.--The Under Secretary 
                for Management may delegate acquisition decision 
                authority to the relevant Component Acquisition 
                Executive for an acquisition program that has a life 
                cycle cost estimate of less than $300,000,000.
                    ``(B) Level 2 acquisitions.--The Under Secretary 
                for Management may delegate acquisition decision 
                authority in writing to the relevant Component 
                Acquisition Executive for a major acquisition program 
                that has a life cycle cost estimate of at least 
                $300,000 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 adequate, experienced, and 
                        dedicated professional employees with program 
                        management training, as applicable, 
                        commensurate with the size of the acquisition 
                        programs and related activities delegated to 
                        such Component Acquisition Executive by the 
                        Under Secretary for Management.
                            ``(iii) Each major acquisition program 
                        concerned has written documentation showing 
                        that it has a Department-approved acquisition 
                        program baseline and it is meeting agreed-upon 
                        cost, schedule, and performance thresholds.
                    ``(C) Level 1 acquisitions.--The Under Secretary 
                for Management may delegate acquisition decision 
                authority in writing to the relevant Component 
                Acquisition Executive for a Level 1 major acquisition 
                program that has a life cycle cost estimate of more 
                than $1,000,000,000 if all of the following 
                requirements are met:
                            ``(i) The Undersecretary for Management 
                        conducts a risk assessment of the planned 
                        acquisition and determines that it is 
                        appropriate to delegate authority for such 
                        major acquisition program.
                            ``(ii) The component concerned possesses 
                        working policies, processes, and procedures 
                        that are consistent with Department-level 
                        acquisition policy.
                            ``(iii) The Component Acquisition Executive 
                        concerned has adequate, experienced, and 
                        dedicated professional employees with program 
                        management training, as applicable, 
                        commensurate with the size of the acquisition 
                        programs and related activities delegated to 
                        such Component Acquisition Executive by the 
                        Under Secretary for Management.
                            ``(iv) Each Level 1 major acquisition 
                        program concerned has written documentation 
                        showing that it has a Department-approved 
                        acquisition program baseline and it is meeting 
                        agreed-upon cost, schedule, and performance 
                        thresholds.
                            ``(v) The Under Secretary for Management 
                        provides written notification to the 
                        appropriate congressional committees of the 
                        decision to delegate the authority to the 
                        relevant Component Acquisition Executive.
            ``(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) Operational testing and evaluation.--The 
                Under Secretary for Science and Technology shall--
                            ``(i) ensure, in coordination with relevant 
                        component heads, that major acquisition 
                        programs--
                                    ``(I) complete operational testing 
                                and evaluation of technologies and 
                                systems to be acquired or developed by 
                                major acquisition programs to assess 
                                operational effectiveness, suitability, 
                                and cybersecurity;
                                    ``(II) use independent verification 
                                and validation of operational test and 
                                evaluation implementation and results, 
                                as appropriate; and
                                    ``(III) document whether such 
                                programs meet all performance 
                                requirements included in their 
                                acquisition program baselines;
                            ``(ii) ensure that such operational testing 
                        and evaluation includes all system components 
                        and incorporates operators into the testing to 
                        ensure that systems perform as intended in the 
                        appropriate operational setting; and
                            ``(iii) determine if testing conducted by 
                        other Federal departments and agencies and 
                        private entities is relevant and sufficient in 
                        determining whether systems perform as intended 
                        in the operational setting.''.

SEC. 123. ACQUISITION AUTHORITIES FOR UNDER SECRETARY OF STRATEGY, 
              POLICY, AND PLANS.

    Subsection (c) of section 709 of the Homeland Security Act of 2002 
(6 U.S.C. 349) is amended by--
            (1) redesignating paragraphs (4) through (7) as (5) through 
        (8), respectively; and
            (2) inserting after paragraph (3) the following new 
        paragraph:
            ``(4) ensure acquisition programs (as such term is defined 
        in section 836) support the DHS Quadrennial Homeland Security 
        Review Report, the DHS Strategic Plan, the DHS Strategic 
        Priorities, and other appropriate successor documents;''.

SEC. 124. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK 
              MANAGEMENT (PARM).

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

``SEC. 714. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK 
              MANAGEMENT.

    ``(a) Establishment of Office.--Within the Management Directorate, 
there shall be a Program Accountability and Risk Management office to--
            ``(1) provide consistent accountability, standardization, 
        and transparency of major acquisition programs of the 
        Department;
            ``(2) serve as the central oversight function for all 
        Department major acquisition programs; and
            ``(3) provide review and analysis of Department acquisition 
        programs, as appropriate.
    ``(b) Responsibilities of Executive Director.--The Program 
Accountability and Risk Management office shall be led by an Executive 
Director to oversee the requirements specified in subsection (a). The 
Executive Director shall report directly to the Under Secretary for 
Management, and shall carry out the following responsibilities:
            ``(1) Monitor regularly the performance of Department major 
        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 Department's acquisition programs and related activities.
            ``(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) Serve as the focal point and coordinator for the 
        acquisition life cycle review process and as the executive 
        secretariat for the Department's Acquisition Review Board.
            ``(5) Advise the persons having acquisition decision 
        authority in making acquisition decisions consistent with all 
        applicable laws and in establishing clear lines of authority, 
        accountability, and responsibility for acquisition decision 
        making within the Department.
            ``(6) Assist the Chief Procurement Officer of the 
        Department, as appropriate, in developing strategies and 
        specific plans for hiring, training, and professional 
        development to address any deficiency within the Department's 
        acquisition workforce.
            ``(7) Develop standardized certification standards in 
        consultation with the Component Acquisition Executives for all 
        acquisition program managers.
            ``(8) Assess the results of major acquisition programs' 
        post-implementation reviews and identify opportunities to 
        improve performance throughout the acquisition process.
            ``(9) Provide technical support and assistance to 
        Department acquisition programs and acquisition personnel and 
        coordinate with the Chief Procurement Officer regarding 
        workforce training and development activities.
            ``(10) Assist, as appropriate, with the preparation of the 
        Future Years Homeland Security Program, and make such 
        information available to the congressional homeland security 
        committees.
    ``(c) Responsibilities of Components.--Each head of a component 
shall comply with Federal law, the Federal Acquisition Regulation, and 
Department acquisition management directives established by the Under 
Secretary for Management. For each major acquisition program, each head 
of a component shall--
            ``(1) define baseline requirements and document changes to 
        such requirements, as appropriate;
            ``(2) establish a complete life cycle cost estimate with 
        supporting documentation that is consistent with cost 
        estimating best practices as identified by the Comptroller 
        General of the United States;
            ``(3) verify each life cycle cost estimate against 
        independent cost estimates or assessments, as appropriate, and 
        reconcile any differences;
            ``(4) complete a cost-benefit analysis with supporting 
        documentation;
            ``(5) develop and maintain a schedule that is consistent 
        with scheduling best practices as identified by the Comptroller 
        General of the United States, including, in appropriate cases, 
        an integrated master schedule; and
            ``(6) ensure that all acquisition program information 
        provided by the component is complete, accurate, timely, and 
        valid.
    ``(d) Definitions.--In this section:
            ``(1) Acquisition.--The term `acquisition' has the meaning 
        given such term in section 131 of title 41, United States Code.
            ``(2) Acquisition decision authority.--The term 
        `acquisition decision authority' means the authority, held by 
        the Secretary acting through the Deputy Secretary or Under 
        Secretary for Management 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 program through 
                the life cycle of such program;
                    ``(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 such 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 such program to avoid and mitigate 
                acquisition program baseline breaches.
            ``(3) Acquisition decision event.--The term `acquisition 
        decision event', with respect to an acquisition program, means 
        a predetermined point within each of the acquisition phases at 
        which the acquisition decision authority determines whether 
        such acquisition program shall proceed to the next acquisition 
        phase.
            ``(4) Acquisition program.--The term `acquisition program' 
        means the process by which the Department acquires, with any 
        appropriated amounts or fee funding, by contract for purchase 
        or lease, property or services (including construction) that 
        support the missions and goals of the Department.
            ``(5) Acquisition program baseline.--The term `acquisition 
        program baseline', with respect to an acquisition program, 
        means a summary of the cost, schedule, and performance 
        parameters, expressed in standard, measurable, quantitative 
        terms, which must be met in order to accomplish the goals of 
        such program.
            ``(6) Best practices.--The term `best practices', with 
        respect to acquisition, means a knowledge-based approach to 
        capability development that includes the following:
                    ``(A) Identifying and validating needs.
                    ``(B) Assessing alternatives to select the most 
                appropriate solution.
                    ``(C) Clearly establishing well-defined 
                requirements.
                    ``(D) Developing realistic cost assessments and 
                schedules.
                    ``(E) Securing stable funding that matches 
                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) Establishing an adequate workforce that is 
                qualified and sufficient to perform necessary 
                functions.
                    ``(J) Integrating the capabilities described in 
                subparagraphs (A) through (I) into the Department's 
                mission and business operations.
            ``(7) Breach.--The term `breach', with respect to a major 
        acquisition program, means a failure to meet any cost, 
        schedule, or performance threshold specified in the most 
        recently approved acquisition program baseline.
            ``(8) Congressional homeland security committees.--The term 
        `congressional homeland security committees' means--
                    ``(A) the Committee on Homeland Security of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate; and
                    ``(B) the Committee on Appropriations of the House 
                of Representatives and the Committee on Appropriations 
                of the Senate.
            ``(9) Component acquisition executive.--The term `Component 
        Acquisition Executive' means the senior acquisition official 
        within a component who is designated in writing by the Under 
        Secretary for Management, in consultation with the component 
        head, with authority and responsibility for leading a process 
        and staff to provide acquisition and program management 
        oversight, policy, and guidance to ensure that statutory, 
        regulatory, and higher level policy requirements are fulfilled, 
        including compliance with Federal law, the Federal Acquisition 
        Regulation, and Department acquisition management directives 
        established by the Under Secretary for Management.
            ``(10) Major acquisition program.--The term `major 
        acquisition program' means a Department acquisition program 
        that is estimated by the Secretary to require an eventual total 
        expenditure of at least $300,000,000 (based on fiscal year 2019 
        constant dollars) over its life cycle cost or a program 
        identified by the Chief Acquisition Officer as a program of 
        special interest.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 713, as added by this title, the following new 
item:

``Sec. 714. Acquisition authorities for Program Accountability and Risk 
                            Management.''.

SEC. 125. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF BOARD AND OF 
              REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION 
              PROGRAMS.

    (a) Review Required.--The Comptroller General of the United States 
shall conduct a review of the effectiveness of the Acquisition Review 
Board established under section 836 of the Homeland Security Act of 
2002 (as added by this title) and the requirements to reduce 
unnecessary duplication in acquisition programs established under 
section 837 of such Act (as added by this title) in improving the 
Department's acquisition management process.
    (b) Scope of Report.--The review shall include the following:
            (1) An assessment of the effectiveness of the Board in 
        increasing program management oversight, best practices and 
        standards, and discipline among the components of the 
        Department, including in working together and in preventing 
        overlap and unnecessary duplication.
            (2) An assessment of the effectiveness of the Board in 
        instilling program management discipline.
            (3) A statement of how regularly each major acquisition 
        program is reviewed by the Board, how often the Board stops 
        major acquisition programs from moving forward in the phases of 
        the acquisition life cycle process, and the number of major 
        acquisition programs that have been halted because of problems 
        with operational effectiveness, schedule delays, or cost 
        overruns.
            (4) An assessment of the effectiveness of the Board in 
        impacting acquisition decision making within the Department, 
        including the degree to which the Board impacts decision making 
        within other headquarters mechanisms and bodies involved in the 
        administration of acquisition activities.
    (c) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
congressional homeland security committees a report on the review 
required by this section. The report shall be submitted in unclassified 
form but may include a classified annex.

SEC. 126. EXCLUDED PARTY LIST SYSTEM WAIVERS.

    Not later than five days after the issuance of a waiver by the 
Secretary of Homeland Security of Federal requirements that an agency 
not engage in business with a contractor in the Excluded Party List 
System (or successor system) as maintained by the General Services 
Administration, the Secretary shall submit to Congress notice of such 
waiver and an explanation for a finding by the Secretary that a 
compelling reason exists for issuing such waiver.

SEC. 127. 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 to assess whether suspension and debarment 
        criteria are consistently applied throughout the Department and 
        whether disparities exist in the application of such criteria, 
        particularly with respect to business size and categories.

SEC. 128. 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 this title, is 
further amended by adding at the end the following new section:

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

    ``(a) 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 
                such program shall notify the Component Acquisition 
                Executive for such 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 such breach is 
                identified.
                    ``(B) Notification to secretary.--If a breach 
                occurs in a major acquisition program and such 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 
                such program, the Component Acquisition Executive for 
                such program shall notify the Secretary and the 
                Inspector General of the Department not later than five 
                business days after the Component Acquisition Executive 
                for such 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 pursuant to 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 such 
                program shall submit to the head of the component 
                concerned, the Executive Director of the Program 
                Accountability and Risk Management division, and the 
                Under Secretary for Management in writing a remediation 
                plan and root cause analysis relating to such breach 
                and program. Such plan and analysis shall be submitted 
                at a date established at the discretion of the Under 
                Secretary for Management.
                    ``(B) Remediation plan.--The remediation plan 
                required under this 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 such 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 such 
                                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 such program, discuss 
                        all options considered, including the estimated 
                        impact on cost, schedule, or performance of 
                        such program if no changes are made to current 
                        requirements, the estimated cost of such 
                        program if requirements are modified, and the 
                        extent to which funding from other programs 
                        will need to be reduced to cover the cost 
                        growth of such program.
            ``(3) Review of corrective actions.--
                    ``(A) In general.--The Under Secretary for 
                Management shall review the remediation plan required 
                under paragraph (2). The Under Secretary may approve 
                such plan or provide an alternative proposed corrective 
                action within 30 days of the submission of such plan 
                under such paragraph.
                    ``(B) Submission to congress.--Not later than 30 
                days after the review required under subparagraph (A) 
                is completed, the Under Secretary for Management shall 
                submit to the congressional homeland security 
                committees the following:
                            ``(i) A copy of the remediation plan and 
                        the root cause analysis required under 
                        paragraph (2).
                            ``(ii) A statement describing the 
                        corrective action or actions that have occurred 
                        pursuant to paragraph (2)(b)(iv) for the major 
                        acquisition program at issue, with a 
                        justification for such action or actions.
    ``(b) Requirements Relating to Congressional Notification if Breach 
Occurs.--
            ``(1) Notification to congress.--If a notification to the 
        Secretary is made under subsection (a)(1)(B) relating to a 
        breach in a major acquisition program, the Under Secretary for 
        Management shall notify the congressional homeland security 
        committees of such breach in the next quarterly Comprehensive 
        Acquisition Status Report, as required by title I of division D 
        of the Consolidated Appropriations Act, 2016 (Public Law 114-
        113), following receipt by the Under Secretary of notification 
        under such subsection.
            ``(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 in paragraph (1) a written 
        certification, with supporting explanation, that--
                    ``(A) such program is essential to the 
                accomplishment of the Department's mission;
                    ``(B) there are no alternatives to the capability 
                or asset provided by such program that will provide 
                equal or greater capability in both a more cost-
                effective and timely manner;
                    ``(C) the new acquisition schedule and estimates 
                for total acquisition cost are reasonable; and
                    ``(D) the management structure for such program is 
                adequate to manage and control cost, schedule, and 
                performance.
    ``(c) Congressional Homeland Security Committees Defined.--In this 
section, the term `congressional homeland security committees' means--
            ``(1) the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate; and
            ``(2) the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 836, as added by this title, the following new 
item:

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

SEC. 129. 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 this title, is 
further amended by adding at the end the following new section:

``SEC. 838. MULTIYEAR ACQUISITION STRATEGY.

    ``(a) Multiyear Acquisition Strategy Required.--
            ``(1) In general.--Not later than one year after the date 
        of the enactment of this section, the Secretary shall submit to 
        the appropriate congressional committees and the Comptroller 
        General of the United States a multiyear acquisition strategy 
        to guide the overall direction of the acquisitions of the 
        Department while allowing flexibility to deal with ever-
        changing threats and risks, to keep pace with changes in 
        technology that could impact deliverables, and to help industry 
        better understand, plan, and align resources to meet the future 
        acquisition needs of the Department. Such strategy shall be 
        updated and included in each Future Years Homeland Security 
        Program.
            ``(2) Form.--The strategy required under paragraph (1) 
        shall be submitted in unclassified form but may include a 
        classified annex for any sensitive or classified information if 
        necessary. The Secretary shall publish such strategy in an 
        unclassified format that is publicly available.
    ``(b) 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.
    ``(c) Contents of Strategy.--The strategy shall include the 
following:
            ``(1) Prioritized list.--A systematic and integrated 
        prioritized list developed by the Under Secretary for 
        Management in coordination with all of the Component 
        Acquisition Executives of Department major acquisition programs 
        that Department and component acquisition investments seek to 
        address, including the expected security and economic benefit 
        of the program or system that is the subject of acquisition and 
        an analysis of how the security and economic benefit derived 
        from such program or system will be measured.
            ``(2) Inventory.--A plan to develop a reliable Department-
        wide inventory of investments and real property assets to help 
        the Department--
                    ``(A) plan, budget, schedule, and acquire upgrades 
                of its systems and equipment; and
                    ``(B) plan for the acquisition and management of 
                future systems and equipment.
            ``(3) Funding gaps.--A plan to address funding gaps between 
        funding requirements for major acquisition programs and known 
        available resources, including, to the maximum extent 
        practicable, ways of leveraging best practices to identify and 
        eliminate overpayment for items to--
                    ``(A) prevent wasteful purchasing;
                    ``(B) achieve the greatest level of efficiency and 
                cost savings by rationalizing purchases;
                    ``(C) align pricing for similar items; and
                    ``(D) utilize purchase timing and economies of 
                scale.
            ``(4) Identification of capabilities.--An identification of 
        test, evaluation, modeling, and simulation capabilities that 
        will be required to--
                    ``(A) support the acquisition of technologies to 
                meet the needs of such strategy;
                    ``(B) leverage to the greatest extent possible 
                emerging technological trends and research and 
                development trends within the public and private 
                sectors; and
                    ``(C) identify ways to ensure that appropriate 
                technology is acquired and integrated into the 
                Department's operating doctrine to improve mission 
                performance.
            ``(5) Focus on flexible solutions.--An assessment of ways 
        the Department can improve its ability to test and acquire 
        innovative solutions to allow needed incentives and protections 
        for appropriate risk-taking in order to meet its acquisition 
        needs with resiliency, agility, and responsiveness to assure 
        homeland security and facilitate trade.
            ``(6) Focus on incentives to save taxpayer dollars.--An 
        assessment of ways the Department can develop incentives for 
        program managers and senior Department acquisition officials 
        to--
                    ``(A) prevent cost overruns;
                    ``(B) avoid schedule delays; and
                    ``(C) achieve cost savings in major acquisition 
                programs.
            ``(7) Focus on addressing delays and bid protests.--An 
        assessment of ways the Department can improve the acquisition 
        process to minimize cost overruns in--
                    ``(A) requirements development;
                    ``(B) procurement announcements;
                    ``(C) requests for proposals;
                    ``(D) evaluation of proposals;
                    ``(E) protests of decisions and awards; and
                    ``(F) the use of best practices.
            ``(8) Focus on improving outreach.--An identification and 
        assessment of ways to increase opportunities for communication 
        and collaboration with industry, small and disadvantaged 
        businesses, intra-government entities, university centers of 
        excellence, accredited certification and standards development 
        organizations, and national laboratories to ensure that the 
        Department understands the market for technologies, products, 
        and innovation that is available to meet its mission needs and 
        to inform the Department's requirements-setting process before 
        engaging in an acquisition, including--
                    ``(A) methods designed especially to engage small 
                and disadvantaged businesses, a cost-benefit analysis 
                of the tradeoffs that small and disadvantaged 
                businesses provide, information relating to barriers to 
                entry for small and disadvantaged businesses, and 
                information relating to unique requirements for small 
                and disadvantaged businesses; and
                    ``(B) within the Department Vendor Communication 
                Plan and Market Research Guide, instructions for 
                interaction by acquisition program managers with such 
                entities to--
                            ``(i) prevent misinterpretation of 
                        acquisition regulations; and
                            ``(ii) permit, within legal and ethical 
                        boundaries, interacting with such entities with 
                        transparency.
            ``(9) Competition.--A plan regarding competition under 
        subsection (d).
            ``(10) Acquisition workforce.--A plan regarding the 
        Department acquisition workforce under subsection (e).
    ``(d) Competition Plan.--The strategy required under subsection (a) 
shall also include a plan to address actions to ensure competition, or 
the option of competition, for major acquisition programs. Such plan 
may include assessments of the following measures in appropriate cases 
if such measures are cost effective:
            ``(1) Competitive prototyping.
            ``(2) Dual-sourcing.
            ``(3) Unbundling of contracts.
            ``(4) Funding of next-generation prototype systems or 
        subsystems.
            ``(5) Use of modular, open architectures to enable 
        competition for upgrades.
            ``(6) Acquisition of complete technical data packages.
            ``(7) Periodic competitions for subsystem upgrades.
            ``(8) Licensing of additional suppliers, including small 
        businesses.
            ``(9) Periodic system or program reviews to address long-
        term competitive effects of program decisions.
    ``(e) Acquisition Workforce Plan.--
            ``(1) Acquisition workforce.--The strategy required under 
        subsection (a) shall also include a plan to address Department 
        acquisition workforce accountability and talent management that 
        identifies the acquisition workforce needs of each component 
        performing acquisition functions and develops options for 
        filling such needs with qualified individuals, including a 
        cost-benefit analysis of contracting for acquisition 
        assistance.
            ``(2) Additional matters covered.--The acquisition 
        workforce plan under this subsection shall address ways to--
                    ``(A) improve the recruitment, hiring, training, 
                and retention of Department acquisition workforce 
                personnel, including contracting officer's 
                representatives, in order to retain highly qualified 
                individuals who have experience in the acquisition life 
                cycle, complex procurements, and management of large 
                programs;
                    ``(B) empower program managers to have the 
                authority to manage their programs in an accountable 
                and transparent manner as such managers work with the 
                acquisition workforce;
                    ``(C) prevent duplication within Department 
                acquisition workforce training and certification 
                requirements through leveraging already-existing 
                training within the Federal Government, academic 
                community, or private industry;
                    ``(D) achieve integration and consistency with 
                Government-wide training and accreditation standards, 
                acquisition training tools, and training facilities;
                    ``(E) designate the acquisition positions that will 
                be necessary to support the Department acquisition 
                requirements, including in the fields of--
                            ``(i) program management;
                            ``(ii) systems engineering;
                            ``(iii) procurement, including contracting;
                            ``(iv) test and evaluation;
                            ``(v) life cycle logistics;
                            ``(vi) cost estimating and program 
                        financial management; and
                            ``(vii) additional disciplines appropriate 
                        to Department mission needs;
                    ``(F) strengthen the performance of contracting 
                officers' representatives (as defined in subpart 1.602-
                2 and subpart 2.101 of the Federal Acquisition 
                Regulation), including by--
                            ``(i) assessing the extent to which such 
                        representatives are certified and receive 
                        training that is appropriate;
                            ``(ii) assessing what training is most 
                        effective with respect to the type and 
                        complexity of assignment; and
                            ``(iii) implementing actions to improve 
                        training based on such assessments; and
                    ``(G) identify ways to increase training for 
                relevant investigators and auditors of the Department 
                to examine fraud in major acquisition programs, 
                including identifying opportunities to leverage 
                existing Government and private sector resources in 
                coordination with the Inspector General of the 
                Department.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 837, as added by this title, the following new 
item:

``Sec. 838. Multiyear acquisition strategy.''.
    (c) Government Accountability Office Review of Multiyear 
Acquisition Strategy.--
            (1) Review.--After submission of the first multiyear 
        acquisition strategy in accordance with section 838 of the 
        Homeland Security Act of 2002, as added by subsection (a), 
        after the date of the enactment of this Act, the Comptroller 
        General of the United States shall conduct a review of such 
        plan within 180 days to analyze the viability of such plan's 
        effectiveness in the following:
                    (A) Complying with the requirements of such section 
                838.
                    (B) Establishing clear connections between 
                Department of Homeland Security objectives and 
                acquisition priorities.
                    (C) Demonstrating that Department acquisition 
                policy reflects program management best practices and 
                standards.
                    (D) Ensuring competition or the option of 
                competition for major acquisition programs.
                    (E) Considering potential cost savings through 
                using already-existing technologies when developing 
                acquisition program requirements.
                    (F) Preventing duplication within Department 
                acquisition workforce training requirements through 
                leveraging already-existing training within the Federal 
                Government, academic community, or private industry.
                    (G) Providing incentives for acquisition program 
                managers to reduce acquisition and procurement costs 
                through the use of best practices and disciplined 
                program management.
            (2) Definitions.--The terms ``acquisition'', ``best 
        practices'', and ``major acquisition programs'' have the 
        meanings given such terms in section 836 of the Homeland 
        Security Act of 2002, as added by this title.
            (3) Report.--Not later than 180 days after the completion 
        of the review required by subsection (a), the Comptroller 
        General of the United States shall submit 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 a report on the review. Such report shall be 
        submitted in unclassified form but may include a classified 
        annex.

SEC. 130. 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 this title, is 
further amended by adding at the end the following new section:

``SEC. 839. ACQUISITION REPORTS.

    ``(a) Comprehensive Acquisition Status Report.--
            ``(1) In general.--At the same time as the President's 
        budget is submitted for a fiscal year under section 1105(a) of 
        title 31, United States Code, the Under Secretary for 
        Management shall submit to the congressional homeland security 
        committees an annual comprehensive acquisition status report. 
        The report shall include the following:
                    ``(A) The information required under the heading 
                `Office of the Under Secretary for Management' under 
                title I of division D of the Consolidated 
                Appropriations Act, 2012 (Public Law 112-74) (as 
                required under the Department of Homeland Security 
                Appropriations Act, 2013 (Public Law 113-6)).
                    ``(B) A listing of programs that have been 
                cancelled, modified, paused, or referred to the Under 
                Secretary for Management or Deputy Secretary for 
                additional oversight or action by the Board, Department 
                Office of Inspector General, or the Comptroller 
                General.
                    ``(C) A listing of established Executive Steering 
                Committees, which provide governance of a program or 
                related set of programs and lower-tiered oversight, and 
                support between acquisition decision events and 
                component reviews, including the mission and membership 
                for each.
            ``(2) Information for major acquisition programs.--For each 
        major acquisition program, the report shall include the 
        following:
                    ``(A) A narrative description, including current 
                gaps and shortfalls, the capabilities to be fielded, 
                and the number of planned increments or units.
                    ``(B) Acquisition Review Board (or other board 
                designated to review the acquisition) status of each 
                acquisition, including the current acquisition phase, 
                the date of the last review, and a listing of the 
                required documents that have been reviewed with the 
                dates reviewed or approved.
                    ``(C) The most current, approved acquisition 
                program baseline (including project schedules and 
                events).
                    ``(D) A comparison of the original acquisition 
                program baseline, the current acquisition program 
                baseline, and the current estimate.
                    ``(E) Whether or not an independent verification 
                and validation has been implemented, with an 
                explanation for the decision and a summary of any 
                findings.
                    ``(F) A rating of cost risk, schedule risk, and 
                technical risk associated with the program (including 
                narrative descriptions and mitigation actions).
                    ``(G) Contract status (including earned value 
                management data as applicable).
                    ``(H) A life cycle cost of the acquisition, and 
                time basis for the estimate.
            ``(3) Updates.--The Under Secretary shall submit quarterly 
        updates to such report not later than 45 days after the 
        completion of each quarter.
    ``(b) Quarterly Program Accountability Report.--The Under Secretary 
for Management shall prepare a quarterly program accountability report 
to meet the mandate of the Department to perform program health 
assessments and improve program execution and governance. The report 
shall be submitted to the congressional homeland security committees.
    ``(c) Congressional Homeland Security Committees Defined.--In this 
section, the term `congressional homeland security committees' means--
            ``(1) the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate; and
            ``(2) the Committee on Appropriations of the House of 
        Representatives and the Committee on Appropriations of the 
        Senate.''.
    (b) Level 3 Acquisition Programs of Components of the Department.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, component heads of the Department of 
        Homeland Security shall identify to the Under Secretary for 
        Management of the Department all level 3 acquisition programs 
        of each respective component. Not later than 30 days after 
        receipt of such information, the Under Secretary shall certify 
        in writing to the congressional homeland security committees 
        whether such component heads have properly identified such 
        programs. To carry out this paragraph, the Under Secretary 
        shall establish a process with a repeatable methodology to 
        continually identify level 3 acquisition programs.
            (2) Policies and guidance.--Not later than 180 days after 
        the date of the enactment of this Act, component heads of the 
        Department of Homeland Security shall submit to the Under 
        Secretary for Management of the Department their respective 
        policies and relevant guidance for level 3 acquisition programs 
        of each respective component. Not later than 90 days after 
        receipt of such policies and guidance, the Under Secretary for 
        Management shall certify to the congressional homeland security 
        committees that each component's respective policies and 
        guidance adhere to Department-wide acquisition policies.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 
838, as added by this title, the following new item:

``Sec. 839. Acquisition reports.''.

SEC. 131. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE 
              UNMANNED AIRCRAFT SYSTEMS.

    (a) Prohibition on Agency Operation or Procurement.--The Secretary 
of Homeland Security may not operate, provide financial assistance for, 
or enter into or renew a contract for the procurement of--
            (1) an unmanned aircraft system (UAS) that--
                    (A) is manufactured in a covered foreign country or 
                by a corporation domiciled in a covered foreign 
                country;
                    (B) uses flight controllers, radios, data 
                transmission devices, cameras, or gimbals manufactured 
                in a covered foreign country or by a corporation 
                domiciled in a covered foreign country;
                    (C) uses a ground control system or operating 
                software developed in a covered foreign country or by a 
                corporation domiciled in a covered foreign country; or
                    (D) uses network connectivity or data storage 
                located in or administered by a corporation domiciled 
                in a covered foreign country; or
            (2) a system manufactured in a covered foreign country or 
        by a corporation domiciled in a covered foreign country for the 
        detection or identification of covered unmanned aircraft 
        systems.
    (b) Waiver.--The Secretary of Homeland Security may waive the 
prohibition under subsection (a) on a case by case basis by certifying 
in writing to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate that the operation or procurement that is the 
subject of such a waiver is required--
            (1) in the national interest of the United States;
            (2) for counter-UAS surrogate testing and training; or
            (3) for intelligence, electronic warfare, or information 
        warfare operations, testing, analysis, and or training.
    (c) Definitions.--In this section:
            (1) Covered foreign country.--The term ``covered foreign 
        country'' means a country labeled as a strategic competitor in 
        the ``Summary of the 2018 National Defense Strategy of the 
        United States of America: Sharpening the American Military's 
        Competitive Edge'' issued by the Department of Defense pursuant 
        to section 113 of title 10, United States Code.
            (2) Covered unmanned aircraft system.--The term ``unmanned 
        aircraft system'' has the meaning given such term in section 
        331 of the FAA Modernization and Reform Act of 2012 (Public Law 
        112-95; 49 U.S.C. 44802 note).

SEC. 132. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.

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

``SEC. 715. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.

    ``(a) Establishment.--The Office of Biometric Identity Management 
is established within the Management Directorate of the Department.
    ``(b) Director.--
            ``(1) In general.--The Office of Biometric Identity 
        Management shall be administered by the Director of the Office 
        of Biometric Identity Management (in this section referred to 
        as the `Director') who shall report to the Secretary, or to 
        another official of the Department, as the Secretary may 
        direct.
            ``(2) Qualifications and duties.--The Director shall--
                    ``(A) have significant professional management 
                experience, as well as experience in the field of 
                biometrics and identity management;
                    ``(B) lead the Department's biometric identity 
                services to support efforts and activities relating to 
                anti-terrorism, counter-terrorism, border security, 
                credentialing, national security, and public safety;
                    ``(C) enable operational missions across the 
                Department by receiving, matching, storing, sharing, 
                and analyzing biometric and associated biographic and 
                encounter data;
                    ``(D) deliver biometric identity information and 
                analysis capabilities to--
                            ``(i) the Department and its components;
                            ``(ii) appropriate Federal, State, local, 
                        and tribal agencies;
                            ``(iii) appropriate foreign governments; 
                        and
                            ``(iv) appropriate private sector entities;
                    ``(E) support the law enforcement, public safety, 
                national security, and homeland security missions of 
                other Federal, State, local, and tribal agencies, as 
                appropriate;
                    ``(F) manage the operation of the Department's 
                primary biometric repository and identification system;
                    ``(G) manage Biometric Support Centers to provide 
                biometric identification and verification analysis and 
                services to the Department, appropriate Federal, State, 
                local, and tribal agencies, appropriate foreign 
                governments, and appropriate private sector entities;
                    ``(H) oversee the implementation of Department-wide 
                standards for biometric conformity, and work to make 
                such standards Government-wide;
                    ``(I) in coordination with the Department's Office 
                of Strategy, Policy, and Plans, and in consultation 
                with relevant component offices and headquarters 
                offices, enter into data sharing agreements with 
                appropriate Federal, State, local, and foreign agencies 
                to support immigration, law enforcement, national 
                security, and public safety missions;
                    ``(J) maximize interoperability with other Federal, 
                State, local, and foreign biometric systems, as 
                appropriate;
                    ``(K) ensure the activities of the Office of 
                Biometric Identity Management are carried out in 
                compliance with the policies and procedures established 
                by the Privacy Officer appointed under section 222; and
                    ``(L) carry out other duties and powers prescribed 
                by law or delegated by the Secretary.
    ``(c) Deputy Director.--There shall be in the Office of Biometric 
Identity Management a Deputy Director, who shall assist the Director in 
the management of the Office.
    ``(d) Other Authorities.--
            ``(1) In general.--The Director may establish such other 
        offices within the Office of Biometric Identity Management as 
        the Director determines necessary to carry out the missions, 
        duties, functions, and authorities of the Office.
            ``(2) Notification.--If the Director exercises the 
        authority provided by paragraph (1), the Director shall notify 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate not later than 30 days 
        before exercising such authority.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 714, as added by this title, the following new 
item:

``Sec. 715. Office of Biometric Identity Management.''.

                   Subtitle C--Management of Programs

SEC. 141. DEPARTMENT OF HOMELAND SECURITY ENHANCED HIRING.

    (a) Appointment Authority for Veterans.--Notwithstanding sections 
3309 through 3319, 3327, and 3330 of title 5, United States Code, the 
Secretary of Homeland Security may noncompetitively appoint a qualified 
veteran to a position in the competitive service within the Department 
of Homeland Security.
    (b) Public Hiring Authority.--
            (1) In general.--The Secretary of Homeland Security may, 
        notwithstanding sections 3309 through 3319, 3327, and 3330 of 
        title 5, United States Code, noncompetitively appoint a 
        qualified candidate to a position in the competitive service if 
        the Secretary determines such position is critical to the 
        mission of the Department.
            (2) Conditions.--
                    (A) 20 percent or greater.--The Secretary of 
                Homeland Security may exercise the authority under 
                paragraph (1) in any calendar year only if the 
                representation of veterans within the Department of 
                Homeland Security civilian workforce at the end of the 
                preceding fiscal year was 20 percent or greater.
                    (B) Less than 20 percent.--In the event the 
                representation of veterans within the Department of 
                Homeland Security in a fiscal year does not meet or 
                exceed the level identified in subparagraph (A), the 
                Secretary may exercise the authority under this section 
                for the following calendar year provided that the total 
                number of qualified candidates appointed under this 
                section does not exceed 20 percent of the total number 
                of positions that the Department of Homeland Security 
                filled during the preceding fiscal year.
    (c) Regulations.--The Secretary of Homeland Security may prescribe 
regulations to carry out this section and any such regulations shall be 
exempt from the requirements of section 553 of title 5, United States 
Code, as a matter relating to agency management or personnel.
    (d) Information and Report.--
            (1) Information.--The Secretary of Homeland Security shall, 
        not later than December 31 of each calendar year, provide to 
        the Director of the Office of Personnel Management 
        identification of the mission critical occupations to which the 
        Secretary appointed qualified candidates under subsection (b) 
        during the preceding fiscal year.
            (2) Report.--The Secretary of Homeland Security shall 
        annually report to Congress on the effectiveness of the use of 
        the authority under this section regarding the length of time 
        to hire individuals, employee retention, and vacancies within 
        the Department of Homeland Security.
    (e) Definitions.--In this section--
            (1) the term ``veteran'' means an individual who--
                    (A)(i) has served on active duty in the Armed 
                Forces; and
                    (ii) was discharged or released from active duty in 
                the Armed Forces under honorable conditions; or
                    (B) is preference eligible, as defined in section 
                2108 of title 5, United States Code; and
            (2) the term ``mission critical occupation'' means those 
        occupations that affect the ability to achieve the agency's 
        mission.

SEC. 142. FITNESS STANDARDS.

    (a) Strategy for Fitness Standardization.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Chief Security Officer of the Department 
of Homeland Security and in coordination with heads of the components 
of the Department, shall--
            (1) develop a strategy and timeline for implementation and 
        use of uniform fitness standards that correspond to the 
        relevant position risk level as the basis for fitness 
        determinations for a contractor employee across the Department 
        of Homeland Security; and
            (2) ensure such strategy includes a system of reciprocity 
        across the Department.
    (b) Length of Time for Fitness Review.--The Secretary of Homeland 
Security, acting through the Chief Security Officer of the Department 
of Homeland Security, shall collect data to allow the Department and 
its components and contractor representatives to assess average fitness 
investigation, adjudication, and determination processing times for 
each component of the Department, including information regarding the 
parameters used to calculate each such average.
    (c) Study on Fitness Adjudication Status Updates.--Not later than 
one year after the date of the enactment of this Act, the Secretary of 
Homeland Security, acting through the Chief Security Officer of the 
Department of Homeland Security, shall enter into a contract with a 
federally funded research and development center (FFRDC) to conduct a 
cost benefit analysis for establishing a uniform process to provide 
contractor representatives access to information regarding the status 
of fitness determinations for Department contractor employees relevant 
to such contractor representatives.

SEC. 143. TRAINING TO PROTECT THE VULNERABLE.

    (a) Training Expansion.--Section 884(c) of the Homeland Security 
Act of 2002 (6 U.S.C. 464) is amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) and inserting the 
        following new paragraphs:
            ``(10) conduct training programs for Federal, State, local, 
        Tribal, and territorial law enforcement agencies related to 
        human smuggling and trafficking along the United States border, 
        at airport security checkpoints, and within the interior of the 
        United States; and''.
    (b) FLETC Human Trafficking Awareness Training Program.--The 
Director, in consultation with the Blue Campaign office, shall develop 
a program to provide training to Federal, State, local, Tribal, 
territorial, and international law enforcement personnel, as 
appropriate, related to--
            (1) identifying instances of human trafficking;
            (2) the types of information that should be collected and 
        recorded in information technology systems utilized by the 
        Department to help identify individuals suspected or convicted 
        of human trafficking;
            (3) how to conduct systematic and routine information 
        sharing within the Department and among Federal, State, Tribal, 
        and local law enforcement agencies regarding--
                    (A) individuals suspected or convicted of human 
                trafficking; and
                    (B) patterns and practices of human trafficking;
            (4) techniques to identify suspected victims of trafficking 
        along the United States border and at airport security 
        checkpoints; and
            (5) methods to be used by the Transportation Security 
        Administration and personnel from other appropriate agencies 
        to--
                    (A) train employees of the Transportation Security 
                Administration to identify suspected victims of 
                trafficking; and
                    (B) serve as a liaison and resource regarding human 
                trafficking prevention to appropriate State, local, and 
                private sector aviation workers and the traveling 
                public.

SEC. 144. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN ENHANCEMENT.

    Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is 
amended by adding at the end the following new subsections:
    ``(f) Web-Based Training Programs.--To enhance training 
opportunities, the Director of the Blue Campaign shall develop web-
based interactive training videos that utilize a learning management 
system to provide online training opportunities that shall be made 
available to the following individuals:
            ``(1) Federal, State, local, Tribal, and territorial law 
        enforcement officers.
            ``(2) Detention and correction system personnel.
            ``(3) Such other individuals as the Director determines 
        appropriate.
    ``(g) Blue Campaign Advisory Board.--
            ``(1) In general.--The Secretary shall establish within the 
        Department a Blue Campaign Advisory Board and shall assign to 
        such Board a representative from each of the following 
        components:
                    ``(A) The Transportation Security Administration.
                    ``(B) U.S. Customs and Border Protection.
                    ``(C) U.S. Immigration and Customs Enforcement.
                    ``(D) The Federal Law Enforcement Training Center.
                    ``(E) The United States Secret Service.
                    ``(F) Any other components or offices the Secretary 
                determines appropriate.
            ``(2) Consultation.--The Director shall consult the Board 
        established pursuant to paragraph (1) regarding the following:
                    ``(A) Trends and patterns in human trafficking to 
                inform the development of training and materials by the 
                Blue Campaign.
                    ``(B) The development of effective awareness 
                campaigns for Federal and non-Federal officials to 
                identify and prevent instances of human trafficking.
                    ``(C) Outreach to persons or entities that may be 
                uniquely positioned to recognize signs of human 
                trafficking and provide assistance in the development 
                of materials for such persons.
            ``(3) Applicability.--The Federal Advisor Committee Act (5 
        U.S.C. App.) does not apply to--
                    ``(A) the Board; or
                    ``(B) consultations under paragraph (2).
    ``(h) Consultation.--With regard to the development of programs 
under the Blue Campaign and the implementation of such programs, the 
Director is authorized to consult with State, local, Tribal, and 
territorial agencies, non-governmental organizations, private sector 
organizations, and experts. Such consultation shall be exempt from the 
Federal Advisory Committee Act (5 U.S.C. App.).''.

             TITLE II--INTELLIGENCE AND INFORMATION SHARING

                Subtitle A--DHS Intelligence Enterprise

SEC. 201. ANNUAL HOMELAND THREAT ASSESSMENTS.

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

``SEC. 210H. HOMELAND THREAT ASSESSMENTS.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section and for each of the next five fiscal years 
(beginning in the 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, 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 persons 
        outside of the United States targeting 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 in the field 
        which is suspected of financing terrorist activity.
            ``(4) Detailed information on all individuals denied entry 
        to or removed from the United States as a result of material 
        support provided to a foreign terrorist organization (as such 
        term is used in section 219 of the Immigration and Nationality 
        Act (8 U.S.C. 1189)).
            ``(5) The efficacy and spread of foreign terrorist 
        organization propaganda, messaging, or recruitment.
            ``(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 from the field; 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 
classified form, but--
            ``(1) shall include unclassified summaries; and
            ``(2) may include unclassified annexes, if appropriate.''.
    (b) Conforming Amendment.--Subsection (d) of section 201 of the 
Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at 
the end the following new paragraph:
            ``(24) To carry out section 210H (relating to homeland 
        threat assessments).''.
    (c) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 210G the following new item:

``Sec. 210H. Homeland threat assessments.''.

SEC. 202. 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 this title, is 
further amended by adding at the end the following new section:

``SEC. 210I. 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, responsibilities, and 
        programs of each intelligence component of the Department in 
        the processing, analysis, production, or dissemination of 
        homeland security information and terrorism information, 
        including relevant authorities and restrictions applicable to 
        each such intelligence component.
            ``(3) Guidance for the processing, analysis, and production 
        of such information.
            ``(4) Guidance for training necessary for appropriate 
        personnel to process, analyze, produce, and disseminate 
        homeland security information and terrorism information.
            ``(5) 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, 
        and with foreign partners and the private sector, consistent 
        with the protection of privacy, civil rights, and civil 
        liberties.
            ``(6) A description of how the dissemination 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 of such information assists such 
        entities in carrying out their respective missions.
    ``(c) Form.--The guidance required under subsection (a) shall be 
submitted 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 is amended by inserting after the 
item relating to section 210H, as added by title, the following new 
item:

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

SEC. 203. COMPTROLLER GENERAL ASSESSMENT.

    (a) Annual Assessment Required.--Not later than 1 year after the 
date of the enactment of this Act and again not later than 5 years 
thereafter, the Comptroller General of the United States shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate an assessment of the degree to which guidance established 
pursuant to section 210I of the Homeland Security Act of 2002 (as added 
by section 202) is implemented across the Department of Homeland 
Security. Such assessment should evaluate the extent to which such 
guidance is carried out in a manner that protects privacy, civil 
rights, and civil liberties.
    (b) Elements of Assessment.--In conducting each assessment under 
subsection (a), the Comptroller General of the United States shall--
            (1) use standard methodology and reporting formats in order 
        to demonstrate and display any changes over time; and
            (2) include any other subject matter the Comptroller 
        General determines appropriate.
    (c) Access to Relevant Data.--To carry out this section, the 
Secretary of Homeland Security shall ensure that the Comptroller 
General of the United States has access to all relevant data.

SEC. 204. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.

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

SEC. 205. 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 new 
section:

``SEC. 104. INSIDER THREAT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish an Insider 
Threat Program within the Department. Such Program shall--
            ``(1) provide training and education for Department 
        personnel 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.--The Secretary shall establish a Steering 
        Committee within the Department. The Under Secretary for 
        Intelligence and Analysis shall serve as the Chair of the 
        Steering Committee. The Chief Security Officer shall serve as 
        the Vice Chair. The Steering Committee shall be comprised of 
        representatives of the Office of Intelligence and Analysis, the 
        Office of the Chief Information Officer, the Office of the 
        General Counsel, the Office for Civil Rights and Civil 
        Liberties, the Privacy Office, the Office of the Chief Human 
        Capital Officer, the Office of the Chief Financial Officer, the 
        Federal Protective Service, the Office of the Chief Procurement 
        Officer, the Science and Technology Directorate, and other 
        components or offices of the Department as appropriate. Such 
        representatives 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 one year after the 
        date of the enactment of this section, the Under Secretary for 
        Intelligence and Analysis and the Chief Security Officer, in 
        coordination with the Steering Committee established pursuant 
        to paragraph (1), shall carry out the following:
                    ``(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 existing 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) Require the Chair and Vice Chair of the 
                Steering Committee to 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, beset practices, and available 
                technology.
                    ``(H) Develop, collect, and report metrics on the 
                effectiveness of the Department's insider threat 
                mitigation efforts.
    ``(c) Definitions.--In this section:
            ``(1) Critical assets.--The term `critical assets' means 
        the people, facilities, information, and technology required 
        for the Department to fulfill its mission.
            ``(2) Insider.--The term `insider' means--
                    ``(A) any person who has access to classified 
                national security information 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.
            ``(3) 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.''.
    (b) Reporting.--
            (1) In general.--Not later than two years after the date of 
        the enactment of section 104 of the Homeland Security Act of 
        2002 (as added by subsection (a) of this section) and 
        biennially thereafter for the next four years, 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 how the Department of 
        Homeland Security and its components and offices have 
        implemented the strategy developed pursuant to subsection 
        (b)(2)(A) of such section 104, the status of the Department's 
        risk assessment of critical assets, the types of insider threat 
        training conducted, the number of Department employees who have 
        received such training, and information on the effectiveness of 
        the Insider Threat Program (established pursuant to subsection 
        (a) of such section 104), 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 such terms in section 104 of the Homeland Security Act of 
        2002 (as added by subsection (a) of this section).
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 103 the following new item:

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

SEC. 206. DEPARTMENT OF HOMELAND SECURITY COUNTERINTELLIGENCE VETTING 
              TASK FORCE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall assign 
personnel of the Department of Homeland Security to participate in a 
counterintelligence vetting task force to make recommendations to 
improve counterintelligence vetting for appropriate departmental 
programs.
    (b) Personnel.--In carrying out subsection (a), the Secretary of 
Homeland Security may assign personnel from any component of the 
Department of Homeland Security the Secretary determines necessary to 
participate in the task force established pursuant to such subsection.
    (c) Coordination.--In carrying out subsection (a), the Secretary of 
Homeland Security may request participation in the task force 
established pursuant to such subsection from other appropriate Federal 
agencies.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on the recommendations made by the task force 
established pursuant to subsection (a).

SEC. 207. VISA SECURITY.

    (a) Establishment.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the interagency working group 
        established under section 1746(a) of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92) 
        shall commence a review of the current policies and procedures 
        of the Department of Homeland Security and Department of State 
        for the purpose of identifying, investigating, and preventing 
        the illicit transfer of sensitive technologies and research 
        from United States institutions of higher education and 
        research institutions through more effective visa security 
        operations and improved protections for such sensitive 
        technologies.
            (2) Objectives.--
                    (A) Analysis of current visa issuance and admission 
                procedures.--The interagency working group referred to 
                in paragraph (1) shall--
                            (i) analyze the current visa application 
                        process, and the role of the Department of 
                        Homeland Security and the Department of State 
                        in such process, including the screening of 
                        visa applicants against appropriate criminal, 
                        intelligence, national security, terrorism, and 
                        other databases and information maintained by 
                        the Federal Government, and make 
                        recommendations to the Secretaries of such 
                        Departments to better screen, identify, and 
                        refuse entry to individuals who seek to enter 
                        the United States to engage in the illicit 
                        transfer of sensitive technologies from United 
                        States institutions of higher educations or 
                        research institutions;
                            (ii) evaluate current policies for refusing 
                        visas on grounds that an individual is likely 
                        to enter the United States to engage in the 
                        illicit transfer of sensitive technologies and 
                        recommend updates to the Foreign Affairs Manual 
                        and other agency guidance to clarify when and 
                        how visas can be refused on such grounds; and
                            (iii) analyze current screening procedures 
                        at United States ports of entry and make 
                        recommendations to the Secretaries of such 
                        Departments to better identify individuals who 
                        seek to enter the United States to engage in 
                        such illicit transfer of sensitive 
                        technologies.
                    (B) National security review of certain 
                nonimmigrant students.--The interagency working group 
                shall recommend procedures and standards for the 
                Department of Homeland Security, in cooperation with 
                other appropriate Federal agencies, to conduct national 
                security reviews of aliens who--
                            (i) are present in the United States--
                                    (I) in a nonimmigrant 
                                classification described in 
                                subparagraphs (F), (J), or (M) of 
                                section 101(a)(15) of the Immigration 
                                and Nationality Act (8 U.S.C. 
                                1101(a)(15)) and change from a program 
                                of study not related to sensitive 
                                technologies to a program of study or 
                                significant coursework, research, or 
                                laboratory access related to sensitive 
                                technologies; or
                                    (II) as a nonimmigrant and seek to 
                                change status, pursuant to section 248 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1258), to that of a 
                                nonimmigrant described in subparagraph 
                                (F), (J), or (M) of section 101(a)(15) 
                                of such Act (8 U.S.C. 1101(a)(15)), for 
                                purposes of engaging in a program of 
                                study related to sensitive 
                                technologies; and
                            (ii) as a result of engaging in a program 
                        of study related to sensitive technologies, 
                        will have access to information related to 
                        operating, installing, maintaining, repairing, 
                        overhauling, or refurbishing sensitive 
                        technologies or development activities related 
                        to sensitive technologies.
                    (C) Identifying individuals requiring national 
                security review.--For purposes of facilitating the 
                identification of individuals described in subparagraph 
                (B)(ii), the interagency working group shall--
                            (i) develop a nonpublic list of six-digit 
                        Classification of Instructional Programs (CIP) 
                        codes for programs of study related to 
                        sensitive technologies to be used in reporting 
                        required by section 641 of the Immigration and 
                        Nationality Act (8 U.S.C. 1372(d)) and related 
                        regulations;
                            (ii) recommend to the Secretary of Homeland 
                        Security changes, as appropriate, to the 
                        Student and Exchange Visitor Information 
                        System, or other system designated for such 
                        purpose by the Secretary of Homeland Security, 
                        to ensure that individuals who seek to engage 
                        in programs of study but who will not have 
                        access to information related to operating, 
                        installing, maintaining, repairing, 
                        overhauling, or refurbishing sensitive 
                        technologies or development activities related 
                        to sensitive technologies are not unnecessarily 
                        subjected to national security reviews;
                            (iii) recommend to the Secretary of 
                        Homeland Security changes to relevant 
                        regulations to ensure that entities certified 
                        by the Student and Exchange Visitor Program 
                        routinely and accurately report the program of 
                        study and other necessary information in the 
                        Student and Exchange Visitor Information 
                        System, or other system designated for such 
                        purpose by the Secretary of Homeland Security, 
                        for each nonimmigrant described in subparagraph 
                        (F), (J), or (M) of section 101(a)(15) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)) who is enrolled in such entity; 
                        and
                            (iv) identify mechanisms for the Department 
                        of Homeland Security, in cooperation with other 
                        appropriate Federal agencies, to order the 
                        removal of and make ineligible for future 
                        nonimmigrant classification described in 
                        subparagraphs (F), (J), or (M) of section 
                        101(a)(15) of the Immigration and Nationality 
                        Act (8 U.S.C. 1101(a)(15)) individuals who may 
                        be identified following pursuant to national 
                        security reviews conducted in accordance with 
                        subparagraph (B).
                    (D) Identifying gaps in authority to address 
                national security threats.--Not later than one year 
                after the date of the enactment of this Act, the 
                interagency working group shall identify deficiencies 
                in existing legal authorities determined to be an 
                impediment in achieving the recommendations described 
                in clauses (ii) and (iii) of subparagraph (C), and 
                recommend to the appropriate congressional committees 
                legislative solutions to address such deficiencies.
            (3) Composition.--In addition to the members specified in 
        section 1746(a)(2) of the National Defense Authorization Act 
        for Fiscal Year 2020 (Public Law 116-92), for purposes of 
        carrying out the review required under paragraph (1), the 
        interagency working group consult with the following:
                    (A) U.S. Customs and Border Protection, Office of 
                Field Operations.
                    (B) U.S. Immigration and Customs Enforcement, 
                Student and Exchange Visitor Program.
                    (C) U.S. Immigration and Customs Enforcement, 
                Counterterrorism and Criminal Exploitation Unit.
                    (D) U.S. Immigration and Customs Enforcement, Visa 
                Security Program.
                    (E) The Department of Homeland Security, Office of 
                Intelligence and Analysis.
                    (F) The Federal Bureau of Investigation.
                    (G) At least two representatives from the 
                Department of State, Bureau of Consular Affairs.
                    (H) Private sector and higher education personnel, 
                as appropriate and to a degree that would not 
                detrimentally impact any ongoing law enforcement 
                investigation or intelligence operation, as determined 
                by the Secretary of Homeland Security.
            (4) Consultation.--In carrying out the objectives described 
        in paragraph (2), the interagency working group shall 
        coordinate and consult regularly with the National Science, 
        Technology, and Security Roundtable established under section 
        1746(b) of the National Defense Authorization Act for Fiscal 
        Year 2020 (Public Law 116-92).
            (5) Report.--Not later than one year after the commencement 
        of the review required under paragraph (1), the interagency 
        working group shall submit to the appropriate congressional 
        committees a report--
                    (A) detailing the results of such review and the 
                analyses and evaluation required under paragraph 
                (2)(A); and
                    (B) identifying any legislative solutions necessary 
                to improve the ability of the Department of Homeland 
                Security, the Department of State, or both, to 
                identify, investigate, and prevent the illicit transfer 
                of sensitive technologies from United States 
                institutions of higher education and research 
                institutions as a result of programs of study related 
                to sensitive technologies undertaken by aliens 
                described in subparagraph (F), (J), or (M) of section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)).
            (6) Definitions.--In this subsection:
                    (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means the 
                Committee on Homeland Security, the Committee on the 
                Judiciary, the Committee on Armed Services, and the 
                Committee on Foreign Affairs of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs, the Committee on the 
                Judiciary, the Committee on Armed Services, and the 
                Committee on Foreign Relations of the Senate.
                    (B) Institution of higher education.--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).
                    (C) Program of study.--The term ``program of 
                study'' means any degree program, field of study, 
                significant coursework, research, or laboratory access 
                related to sensitive technologies, or other academic 
                activity required to be reported pursuant to section 
                641(a) of the Omnibus Consolidated Appropriations Act, 
                1997 (Public Law 104-208 (8 U.S.C. 1372(a))).
                    (D) Sensitive technologies.--The term ``sensitive 
                technologies'' has the meaning given such term in 
                paragraph (8) of section 428(e) of the Homeland 
                Security Act of 2002 (6 U.S.C. 236(e)), as added by 
                subsection (b).
    (b) Amendments to the Homeland Security Act of 2002 and Related 
Visa Security Matters.--
            (1) Program scope.--Paragraph (1) of section 428(e) of the 
        Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
                    ``(A) Authorization.--The Secretary''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Risk-based assignments.--
                            ``(i) In general.--Assignments under 
                        subparagraph (A) shall be made--
                                    ``(I) in a risk-based manner;
                                    ``(II) considering the criteria 
                                described in clause (ii); and
                                    ``(III) in accordance with National 
                                Security Decision Directive 38 of June 
                                2, 1982, or any superseding 
                                presidential directive concerning 
                                staffing at diplomatic and consular 
                                posts.
                            ``(ii) Criteria described.--The criteria 
                        described in this clause are the following:
                                    ``(I) The number of nationals of 
                                the subject country who were identified 
                                in United States Government databases 
                                related to the identities of known or 
                                suspected terrorists during the 
                                previous two years.
                                    ``(II) Information on the 
                                cooperation of such country with the 
                                counterterrorism efforts of the United 
                                States.
                                    ``(III) Information analyzing the 
                                presence, activity, or movement of 
                                terrorist organizations (as such term 
                                is defined in section 212(a)(3)(B)(vi) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1182(a)(3)(B)(vi))) within or 
                                through such country.
                                    ``(IV) The number of formal 
                                objections and denials based on 
                                derogatory information issued through 
                                the interagency Security Advisory 
                                Opinion process.
                                    ``(V) Countries identified as a 
                                strategic competitor in the `Summary of 
                                the 2018 National Defense Strategy of 
                                the United States of America: 
                                Sharpening the American Military's 
                                Competitive Edge' issued by the 
                                Department of Defense pursuant to 
                                section 113(g)(1)(A) of title 10, 
                                United States Code, or any successor 
                                document.
                                    ``(VI) The number of cases 
                                involving counterintelligence, illicit 
                                technology transfer, and 
                                counterproliferation related to the 
                                identities of nationals of such 
                                country.
                                    ``(VII) Information on the 
                                cooperation of such country with the 
                                counterintelligence, countering 
                                nontraditional collection, illicit 
                                technology transfer, and 
                                counterproliferation efforts of the 
                                United States, including information on 
                                foreign government-owned infrastructure 
                                and organizations dedicated to such 
                                matters.
                                    ``(VIII) The adequacy of the border 
                                and immigration control of such 
                                country.
                                    ``(IX) Any other criteria the 
                                Secretary determines appropriate.
                            ``(iii) Prioritization.--The Secretary 
                        shall, until December 31, 2024, prioritize the 
                        establishment of new overseas assignments made 
                        under this subsection to diplomatic and 
                        consular posts in countries that are strategic 
                        competitors with the goal of countering the 
                        exploitation or illicit transfer of sensitive 
                        technologies by aliens described in 
                        subparagraph (F), (J), or (M) of section 
                        101(a)(15) of such Act (8 U.S.C. 
                        1101(a)(15)).''.
            (2) Screening.--Paragraph (2) of section 428(e) of the 
        Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended--
                    (A) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) Review visa applications of aliens against 
                appropriate criminal, national security, and terrorism 
                databases or other relevant information maintained by 
                the Federal Government to improve the detection and 
                examination of aliens whose entry into the United 
                States would pose a substantial risk of the illicit 
                transfer of sensitive technologies.''.
            (3) Definition.--Subsection (e) of section 428 of the 
        Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by 
        inserting at the end the following new paragraph:
            ``(8) Definition.--In this subsection, the term `sensitive 
        technologies' means--
                    ``(A) areas of research or technology that require 
                additional protection, as established by the 
                interagency working group in accordance with section 
                1746(a)(3)(E)(i)(III) of the National Defense 
                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92);
                    ``(B) emerging and foundational technologies 
                identified through the interagency process established 
                under section 1758 of the John S. McCain National 
                Defense Authorization Act for Fiscal Year 2019 (Public 
                Law 115-232);
                    ``(C) sciences, technologies, and associated 
                programs of study at an institution of higher 
                education, related to energy, nuclear science, nuclear 
                engineering, or a related field for which an alien who 
                is a citizen of Iran would be denied a visa to 
                participate in coursework pursuant to section 501 of 
                the Iran Threat Reduction and Syria Human Rights Act of 
                2012 (22 U.S.C. 8771); and
                    ``(D) technologies and items included on the 
                Commerce Control List, the United States Munitions 
                List, the Nuclear Regulatory Commission Controls, or 
                the Technology Alert List.''.
            (4) Memorandum of understanding.--Not later than 18 months 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security and the Secretary of State shall jointly 
        develop and submit to the appropriate congressional committees 
        a memorandum of understanding detailing the responsibilities of 
        and procedures used by Department of Homeland Security 
        personnel assigned to diplomatic and consular posts under 
        section 428 of the Homeland Security Act of 2002, as amended by 
        this subsection, including visa security vetting and screening 
        activities, the collection and distribution of relevant fees, 
        and the sharing of information on visa refusals based on 
        derogatory information issued through the interagency Security 
        Advisory Opinion process.
            (5) Machine-readable technology pilot program.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Secretary of 
                Homeland Security and the Secretary of State shall 
                jointly commence a pilot program at a United States 
                diplomatic or consular post in a country with a high 
                volume of individuals who are known to have engaged in 
                government-sponsored technology transfer campaigns. The 
                pilot program shall--
                            (i) be conducted for not fewer than 365 
                        days; and
                            (ii) assess opportunities to enhance 
                        security vetting, including the use of machine-
                        readable technology and applicant interviews, 
                        to better defend research or sensitive 
                        technologies in the United States from foreign 
                        government-sponsored technology transfer 
                        campaigns.
                    (B) Machine-readable technology.--The Secretary of 
                Homeland Security and the Secretary of State shall 
                jointly, as part of the pilot program under 
                subparagraph (A)--
                            (i) deploy and test equipment and 
                        technology to ensure that all documents 
                        collected in connection with visa applications 
                        are stored in a machine-readable and content-
                        searchable format compatible and shareable 
                        between the Department of Homeland Security and 
                        the Department of State, and as appropriate, 
                        other interagency partners;
                            (ii) collect supplemental documents from 
                        visa applicants in accordance with the 
                        requirements under subparagraph (A), as 
                        appropriate, and ensure appropriate personnel 
                        from the Department of Homeland Security and 
                        the Department of State have access to such 
                        documents for visa security vetting purposes; 
                        and
                            (iii) evaluate the use of such technology 
                        and supplemental documents in improving the 
                        efficacy and efficiency of visa security 
                        vetting.
                    (C) Applicant interviews.--The Secretary of 
                Homeland Security, in coordination with the Secretary 
                of State, shall determine whether additional questions 
                or further documentation requests may be appropriate 
                during visa applicant in-person interviews to improve 
                visa security vetting to address evolving threats to 
                the United States.
                    (D) Report.--Not later than 420 days after the 
                initiation of the pilot program under subparagraph (A), 
                the Secretary of Homeland Security and the Secretary of 
                State shall jointly submit to the appropriate 
                congressional committees and other appropriate Federal 
                partners a report on the following:
                            (i) The results of the pilot program.
                            (ii) Recommendations for machine-readable 
                        and content-searchable equipment and technology 
                        and supplemental documents under paragraph (2).
                            (iii) Recommendations for additional 
                        interview questions and further documentation 
                        requests under paragraph (3).
                            (iv) A determination as to whether and 
                        where to expand the use of technologies 
                        evaluated during the pilot program.
            (6) Definitions.--In this subsection:
                    (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                            (i) the Committee on Homeland Security and 
                        the Committee on Foreign Affairs of the House 
                        of Representatives; and
                            (ii) the Committee on Homeland Security and 
                        Governmental Affairs and the Committee on 
                        Foreign Relations of the Senate.
                    (B) Screening.--The term ``screening'' means the 
                review of public, private, or governmental information 
                to assess the accuracy and authenticity of claims made 
                on a visa application, including information contained 
                in Federal Government records to include derogatory 
                information.
                    (C) Sensitive technologies.--The term ``sensitive 
                technologies'' has the meaning given such term in 
                paragraph (8) of section 428(e) of the Homeland 
                Security Act of 2002 (6 U.S.C. 236(e)), as added by 
                subsection (a).
                    (D) Strategic competitor.--The term ``strategic 
                competitor'' means a country identified as a strategic 
                competitor to the United States in the ``Summary of the 
                2018 National Defense Strategy of the United States of 
                America: Sharpening the American Military's Competitive 
                Edge'' issued by the Department of Defense pursuant to 
                section 113(g)(1)(A) of title 10, United States Code, 
                or any successor document.
                    (E) Vetting.--The term ``vetting'' with respect to 
                a visa applicant means the review and use of 
                information collected during screening, any additional 
                information obtained through interviews, consultation 
                with other Federal Government officials, derogatory 
                information, and information drawn from other sources 
                to reach a determination regarding a national security 
                concern related to the visa applicant.

SEC. 208. 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 this title, is 
further amended by adding at the end the following new section:

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

    ``(a) In General.--The Office of Intelligence and Analysis, in 
consultation with the Director of the Countering Weapons of Mass 
Destruction Office, of the Department of Homeland Security 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, including 
        critical infrastructure;
            ``(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 storage and 
        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 early 
        detection, 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 such threats to State, local, Tribal, and 
        territorial authorities, and other Federal agencies, as well as 
        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, agencies within the intelligence community, including the 
National Counter Proliferation Center, and other Federal, State, local, 
Tribal, and territorial 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) Intelligence community.--The term `intelligence 
        community' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            ``(2) National biosecurity and biodefense stakeholders.--
        The term `national biosecurity and biodefense stakeholders' 
        means officials from Federal, State, local, Tribal, and 
        territorial authorities and individuals from the private sector 
        who are involved in efforts to prevent, protect against, 
        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 is amended by inserting after the 
item relating to section 201I, as added by this title, the following 
new item:

``Sec. 210J. Chemical, biological, radiological, and nuclear 
                            intelligence and information sharing.''.
    (c) Report.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and annually thereafter for each of 
        the following four years, the Secretary of Homeland Security 
        shall report to the appropriate congressional committees on the 
        following:
                    (A) The intelligence and information sharing 
                activities under section 210J 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.
                    (B) The Department's activities in accordance with 
                relevant intelligence strategies.
            (2) Assessment of implementation.--The reports required 
        under paragraph (1) shall include the following:
                    (A) An assessment of the progress of the Office of 
                Intelligence and Analysis of the Department of Homeland 
                Security in implementing such section 210J.
                    (B) A description of the methods established to 
                carry out such assessment.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        any 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.

SEC. 209. INLAND WATERS THREAT ANALYSIS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees an inland waters threat 
analysis that includes an identification and description of the 
following:
            (1) Current and potential terrorism and criminal threats 
        posed by individuals and groups seeking to--
                    (A) enter the United States through inland waters; 
                or
                    (B) exploit security vulnerabilities on inland 
                waters.
            (2) Security challenges at United States inland waters 
        ports regarding--
                    (A) terrorism and instruments of terror entering 
                the United States; and
                    (B) criminal activity, as measured by the total 
                flow of illegal goods and illicit drugs, related to the 
                inland waters.
            (3) Security mitigation efforts with respect to the inland 
        waters to--
                    (A) prevent terrorists and instruments of terror 
                from entering the United States; and
                    (B) reduce criminal activity related to the inland 
                waters.
            (4) Vulnerabilities related to cooperation between State, 
        local, Tribal, and territorial law enforcement, or 
        international agreements, that hinder effective security, 
        counterterrorism, anti-trafficking efforts, and the flow of 
        legitimate trade with respect to inland waters.
            (5) Metrics and performance measures used by the Department 
        of Homeland Security to evaluate inland waters security, as 
        appropriate.
    (b) Analysis Requirements.--In preparing the threat analysis 
required under subsection (a), the Secretary of Homeland Security shall 
consider and examine the following:
            (1) Technology needs and challenges.
            (2) Personnel needs and challenges.
            (3) The roles of State, local, Tribal, and territorial law 
        enforcement, as well as private sector partners and the public, 
        relating to inland waters security.
            (4) The need for cooperation among Federal, State, local, 
        Tribal, territorial, and international partner law enforcement, 
        as well as private sector partners and the public, relating to 
        inland waters security.
            (5) The challenges posed by geography with respect to 
        inland waters security.
    (c) Classified Threat Analysis.--To the extent possible, the 
Secretary of Homeland Security shall submit the threat analysis 
required under subsection (a) in unclassified form. The Secretary may 
submit a portion of the threat analysis in classified form if the 
Secretary determines that such is appropriate.
    (d) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Homeland Security of the House 
                of Representatives;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) The term ``inland waters'' has the meaning given such 
        term in section 83.03 of title 33, Code of Federal Regulations.

SEC. 210. TRANSNATIONAL CRIMINAL ORGANIZATIONS THREAT ASSESSMENT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Under Secretary for Intelligence and 
Analysis shall, in coordination with appropriate Federal partners, 
develop and disseminate a threat assessment on whether transnational 
criminal organizations are exploiting United States border security 
vulnerabilities in border security screening programs to gain access to 
the United States and threaten the United States or border security.
    (b) Recommendations.--Upon completion of the threat assessment 
required under subsection (a), the Secretary of Homeland Security shall 
make a determination if any changes are required to address security 
vulnerabilities identified in such assessment.
    (c) Distribution.--Consistent with the protection of classified and 
confidential unclassified information, the Under Secretary for 
Intelligence and Analysis shall share the threat assessment developed 
under this section with State, local, and Tribal law enforcement 
officials, including officials that operate within fusion centers in 
the National Network of Fusion Centers.

SEC. 211. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM 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 title, is 
further amended by adding at the end the following new section:

``SEC. 210K. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.

    ``(a) Establishment.--There is in the Department a board to be 
composed of senior representatives of departmental operational 
components and headquarters elements. The purpose of the board shall be 
to coordinate and integrate departmental intelligence, activities, and 
policy related to the counterterrorism mission and functions of the 
Department.
    ``(b) Charter.--There shall be a charter to govern the structure 
and mission of the board. Such charter shall direct the board to focus 
on the current threat environment and the importance of aligning 
departmental counterterrorism activities under the Secretary's 
guidance. The charter shall be reviewed and updated every 4 years, as 
appropriate.
    ``(c) Members.--
            ``(1) Chair.--The Secretary shall appoint a Coordinator for 
        Counterterrorism within the Department who will serve as the 
        chair of the board.
            ``(2) Additional members.--The Secretary shall appoint 
        additional members of the board from among the following:
                    ``(A) The Transportation Security Administration.
                    ``(B) United States Customs and Border Protection.
                    ``(C) United States Immigration and Customs 
                Enforcement.
                    ``(D) The Federal Emergency Management Agency.
                    ``(E) The Coast Guard.
                    ``(F) United States 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 Policy.
                    ``(M) The Science and Technology Directorate.
                    ``(N) Other Departmental offices and programs as 
                determined appropriate by the Secretary.
    ``(d) Meetings.--The board shall 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 
shall make recommendations to the Secretary.
    ``(e) Terrorism Alerts.--The board shall advise the Secretary on 
the issuance of terrorism alerts pursuant to section 203 of this Act.
    ``(f) Prohibition on Additional Funds.--No additional funds are 
authorized to carry out this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 
210J, as added by this title, the following new item:

``Sec. 210K. Departmental coordination on counterterrorism.''.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary, acting through the Coordinator for 
Counterterrorism, 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 status and 
activities of the board established under section 210K of the Homeland 
Security Act of 2002, as added by subsection (a).

SEC. 212. NATIONAL VETTING CENTER.

    (a) Authorization.--The Secretary of Homeland Security, in 
coordination with the Secretary of State, the Secretary of Defense, the 
Attorney General, and the Director of National Intelligence, shall 
establish and operate a National Vetting Center.
    (b) Director.--The Secretary of Homeland Security shall appoint a 
senior departmental employee to be the director of the center.
    (c) Staffing.--The Secretary of Homeland Security shall--
            (1) assign or detail appropriate personnel from the 
        department to serve as analysts at the National Vetting Center; 
        and
            (2) coordinate with the Director of National Intelligence 
        and the heads of other appropriate Federal agencies to detail 
        appropriate personnel to serve as analysts at the National 
        Vetting Center.
    (d) Purpose.--The National Vetting Center shall, consistent with 
the guidance and oversight from the National Vetting Governance Board 
established pursuant to section 214 of this Act--
            (1) coordinate the efforts of Federal agencies to improve 
        vetting of individuals seeking to enter or remain within the 
        United States;
            (2) assist the departments and agencies involved with 
        improving their coordination and use of intelligence and other 
        information to identify potential threats to national security, 
        border security, homeland security, and public safety;
            (3) provide a forum for the departments and agencies 
        involved to identify, coordinate, and resolve policy questions 
        and implementation challenges associated with vetting;
            (4) improve the effectiveness of vetting operations by 
        maximizing the Intelligence Community and law enforcement data 
        holdings used to support vetting;
            (5) develop and maintain a process to ensure compliance 
        with legal, privacy, and civil rights and civil liberty 
        requirements; and
            (6) other responsibilities as determined by the Secretary 
        of Homeland Security.

SEC. 213. NATIONAL VETTING GOVERNANCE BOARD.

    (a) Establishment.--The Secretary of Homeland Security, in 
coordination with the Secretary of State, the Secretary of Defense, the 
Attorney General, and the Director of National Intelligence, shall 
establish a National Vetting Governance Board.
    (b) Purpose.--The National Vetting Governance Board shall provide 
guidance and oversight for the National Vetting Center established 
pursuant to section 213 of this Act, including--
            (1) producing decisions and recommendations for unified 
        approaches to and solutions for vetting;
            (2) recommending a fiscal strategy;
            (3) recommending priorities for National Vetting Center 
        activities;
            (4) reviewing and recommending new vetting programs or 
        changes to existing vetting activities;
            (5) reporting progress and making recommendations to 
        Secretary of Homeland Security or their designee; and
            (6) ensuring National Vetting Governance Board decisions 
        and recommendations are consistent with relevant legal 
        authorities and align with Department of Homeland Security 
        privacy, civil rights, and civil liberties policies and 
        practices.
    (c) Limitations.--The National Vetting Governance Board is not 
intended to supersede or otherwise replace existing statutory or 
delegated roles and responsibilities concerning Department of Homeland 
Security vetting activities.
    (d) Operations.--
            (1) The Secretary of Homeland Security, in coordination 
        with the Secretary of State, the Secretary of Defense, the 
        Attorney General, and the Director of National Intelligence 
        shall develop the structure, staffing, meeting schedule and 
        other operational issues related to the National Vetting 
        Governance Board.
            (2) The National Vetting Governance Board shall have a 
        standing privacy and civil liberty working group and a legal 
        working group to review the activities of the National Vetting 
        Center and provide advice to the Board.

                    Subtitle B--Information Sharing

SEC. 215. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP 
              INITIATIVE.

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

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

            (2) in subsection (a), by adding at the end the following: 
        ``Beginning on the date of enactment of the Department of 
        Homeland Security Authorization Act, such Initiative shall be 
        known as the `Department of Homeland Security Fusion Center 
        Partnership Initiative'.'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Interagency Support and Coordination.--Through the Department 
of Homeland Security Fusion Center Partnership Initiative, in 
coordination with principal officials of fusion centers in the National 
Network of Fusion Centers and the officers designated as the Homeland 
Security Advisors of the States, the Secretary shall--
            ``(1) coordinate with the heads of other Federal 
        departments and agencies to provide operational, analytic, and 
        reporting intelligence advice and assistance to the National 
        Network of Fusion Centers and to align homeland security 
        intelligence activities with other field-based intelligence 
        activities;
            ``(2) support the integration of fusion centers into the 
        information sharing environment, including by--
                    ``(A) providing for the effective dissemination of 
                information within the scope of the information sharing 
                environment to the National Network of Fusion Centers;
                    ``(B) conducting outreach to such fusion centers to 
                identify any gaps in information sharing;
                    ``(C) consulting with other Federal agencies to 
                develop methods to--
                            ``(i) address any such gaps identified 
                        under subparagraph (B), as appropriate; and
                            ``(ii) deploy or access such databases and 
                        datasets, as appropriate; and
                    ``(D) review information that is gathered by the 
                National Network of Fusion Centers to identify that 
                which is within the scope of the information sharing 
                environment, including homeland security information 
                (as defined in section 892), terrorism information, and 
                weapons of mass destruction information and incorporate 
                such information, as appropriate, into the Department's 
                own such information;
            ``(3) facilitate close communication and coordination 
        between the National Network of Fusion Centers and the 
        Department and other Federal departments and agencies;
            ``(4) facilitate information sharing and expertise from the 
        national cybersecurity and communications integration center 
        under section 2209 to the National Network of Fusion Centers;
            ``(5) coordinate the provision of training and technical 
        assistance, including training on the use of Federal databases 
        and datasets described in paragraph (2), to the National 
        Network of Fusion Centers and encourage participating fusion 
        centers to take part in terrorism threat-related exercises 
        conducted by the Department;
            ``(6) ensure the dissemination of cyber threat indicators 
        and information about cybersecurity risks and incidents to the 
        national Network of Fusion Centers;
            ``(7) ensure that each fusion center in the National 
        Network of Fusion Centers has a privacy policy approved by the 
        Chief Privacy Officer of the Department and a civil rights and 
        civil liberties policy approved by the Officer for Civil Rights 
        and Civil Liberties of the Department;
            ``(8) develop and disseminate best practices on the 
        appropriate levels for staffing at fusion centers in the 
        National Network of Fusion Centers of qualified representatives 
        from State, local, Tribal, and territorial law enforcement, 
        fire, emergency medical, and emergency management services, and 
        public health disciplines, as well as the private sector;
            ``(9) to the maximum extent practicable, provide guidance, 
        training, and technical assistance to ensure fusion centers 
        operate in accordance with and in a manner that protects 
        privacy, civil rights, and civil liberties afforded by the 
        Constitution of the United States;
            ``(10) to the maximum extent practicable, provide guidance, 
        training, and technical assistance to ensure fusion centers are 
        appropriately aligned with and able to meaningfully support 
        Federal homeland security, national security, and law 
        enforcement efforts, including counterterrorism;
            ``(11) encourage the full participation of the National 
        Network of Fusion Centers in all assessment and evaluation 
        efforts conducted by the Department;
            ``(12) track all Federal funding provided to each fusion 
        center on an individualized basis as well as by funding source;
            ``(13) ensure that none of the departmental information or 
        data provided or otherwise made available to fusion center 
        personnel is improperly disseminated, accessed for unauthorized 
        purposes, or otherwise used in a manner inconsistent with 
        Department guidance; and
            ``(14) carry out such other duties as the Secretary 
        determines appropriate.'';
            (4) in subsection (c)--
                    (A) in the heading, by striking ``Personnel 
                Assignment'' and inserting ``Resource Allocation'';
                    (B) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) Information sharing and personnel assignment.--
                    ``(A) Information sharing.--The Under Secretary for 
                Intelligence and Analysis shall ensure that, as 
                appropriate--
                            ``(i) fusion centers in the National 
                        Network of Fusion Centers have access to 
                        homeland security information sharing systems; 
                        and
                            ``(ii) Department personnel are deployed to 
                        support fusion centers in the National Network 
                        of Fusion Centers in a manner consistent with 
                        the mission of the Department.
                    ``(B) Personnel assignment.--Department personnel 
                referred to in subparagraph (A)(ii) may include the 
                following:
                            ``(i) Intelligence officers.
                            ``(ii) Intelligence analysts.
                            ``(iii) Other liaisons from components and 
                        offices of the Department, as appropriate.
            ``(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 is amended by striking the item relating 
        to section 210A and inserting the following:

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

SEC. 216. 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 title, 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 analysis of the optimal number of personnel 
                the Office of Intelligence and Analysis should deploy 
                to fusion centers, including a cost-benefit analysis 
                comparing deployed personnel with technological 
                solutions to support information sharing.
                    (E) 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.
                    (F) An assessment of fusion centers located in 
                jurisdictions with large and medium hub airports, and 
                the degree to which deploying, as appropriate, 
                personnel from the Transportation Security 
                Administration to such fusion centers would enhance the 
                integrity and security of aviation 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 title.

SEC. 217. 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 two 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 title.

SEC. 218. 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 title;
            (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. 219. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED FACILITY INVENTORY 
              AND DISSEMINATION.

    (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 appropriate 
        departmental personnel and representatives of other Federal, 
        State, and local agencies 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. 220. 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 State, 
local, and regional 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 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 pursuant to subsection (a) shall 
be--
            (1) for homeland security purposes; and
            (2) regarding individuals convicted of a Federal crime 
        related to acts of terrorism (as such term is defined in 
        section 3077 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 State, local, and regional 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 Protection.--Prior to affecting the information sharing 
described in subsection (a), the Secretary 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.

SEC. 221. ENHANCING DEPARTMENT OF HOMELAND SECURITY SUSPICIOUS ACTIVITY 
              REPORTING OPERATIONS.

    (a) Strategy Required.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Homeland Security, in 
consultation with other appropriate officials, shall develop a strategy 
to improve the operations and activities of the Department of Homeland 
Security related to training, outreach, and information sharing for 
suspicious activity reporting to prevent acts of terrorism and acts of 
targeted violence.
    (b) Contents of Strategy.--The strategy required under subsection 
(a) shall include the following:
            (1) A plan to maintain and expand activities related to 
        effectively identifying, reporting, and responding to potential 
        acts of terrorism.
            (2) A plan to develop a behavioral threat assessment and 
        management model for use by appropriate National Network of 
        Fusion Centers, emergency response providers, and appropriate 
        private sector personnel involved in reporting or responding 
        suspicious activity related to acts of targeted violence.
            (3) Protocols, developed in consultation with the Federal 
        Bureau of Investigation, to ensure that the Federal Bureau of 
        Investigation receives all relevant suspicious activity 
        reports.
            (4) A staffing and budget plan to ensure the continued 
        operation and any necessary expansion of Department of Homeland 
        Security information sharing, technical assistance, training, 
        and other activities related to suspicious activity reporting.
            (5) Training for appropriate personnel of the National 
        Network of Fusion Centers, emergency response providers, and 
        appropriate private sector personnel on--
                    (A) methods for identifying, analyzing, and 
                disseminating critical information, including the 
                indicators of acts of terrorism and acts of targeted 
                violence;
                    (B) methods to protect privacy and civil liberties, 
                including preventing racial, religious, and national 
                origin discrimination;
                    (C) implementation of the behavioral threat 
                assessment and management model;
                    (D) response protocols for submitting suspicious 
                activity reports; and
                    (E) other training determined appropriate by the 
                Secretary.
            (6) A plan to--
                    (A) provide technical assistance for appropriate 
                National Network of Fusion Centers, emergency response 
                providers, and appropriate private sector personnel for 
                operations related to suspicious activity reporting 
                activity; and
                    (B) assist with questions or concerns related to 
                privacy and civil liberty protections.
    (c) Congressional Notification.--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 a 
copy of the strategy required in subsection (a).
    (d) Definitions.--In this section:
            (1) Behavioral threat assessment.--The term ``behavioral 
        threat assessment and management'' means the systematic and 
        evidence-based process of--
                    (A) identifying individuals who are exhibiting 
                patterns of concerning behavior that indicate an 
                interest, motive, intention, or capability of carrying 
                out an act of violence;
                    (B) investigating and gathering information from 
                multiple sources to assess whether an individual 
                described in subparagraph (A) poses a threat, based on 
                articulable facts; and
                    (C) the subsequent management of such a threat, if 
                necessary.
            (2) Emergency response providers.--The term ``emergency 
        response provider'' has the meaning given such term in section 
        2(6) of the Homeland Security Act.
            (3) National network of fusion centers.--The term 
        ``National Network of Fusion Centers'' has the meaning given 
        such term in section 215 of this Act.
            (4) Targeted violence.--The term ``targeted violence'' 
        means any incident of predatory violence with respect to which 
        an identifiable individual or group focuses an attack on a 
        particular target.
            (5) Terrorism.--The term ``terrorism'' has the meaning 
        given such term in section 2331 of title 18, United States 
        Code.

                        TITLE III--CYBERSECURITY

SEC. 301. CYBERSECURITY ADVISORY COMMITTEE.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.

    ``(a) Establishment.--The Secretary shall establish within the 
Cybersecurity and Infrastructure Security Agency a Cybersecurity 
Advisory Committee.
    ``(b) Duties.--
            ``(1) In general.--The Advisory Committee may advise, 
        consult with, report to, and make recommendations to the 
        Director of Cybersecurity and Infrastructure Security on the 
        development, refinement, and implementation of policies, 
        programs, rulemakings, planning, training, and security 
        directives pertaining to the mission of the Cybersecurity and 
        Infrastructure Security Agency.
            ``(2) Recommendations.--
                    ``(A) In general.--The Advisory Committee shall 
                develop, at the request of the Director, 
                recommendations for improvements to the cybersecurity 
                mission of the Cybersecurity and Infrastructure 
                Security Agency.
                    ``(B) Recommendations of subcommittees.--
                Recommendations agreed upon by the subcommittees 
                established under subsection (d) for any year shall be 
                approved by the Advisory Committee before the Advisory 
                Committee submits to the Director the annual report 
                under paragraph (4) for that year.
            ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Director--
                    ``(A) reports on matters identified by the 
                Director; and
                    ``(B) reports on other matters identified by a 
                majority of the members of the Advisory Committee.
            ``(4) Annual report.--The Advisory Committee shall submit 
        to the Director an annual report providing information on the 
        activities, findings, and recommendations of the Advisory 
        Committee, including its subcommittees, for the preceding year. 
        Not later than six months after the date that the Director 
        receives an annual report for a year, the Director shall 
        publish a public version of the report describing the 
        activities of the Advisory Committee and such related matters 
        as would be informative to the public during that year, 
        consistent with section 552(b) of title 5, United States Code.
            ``(5) Feedback.--Not later than 90 days after receiving any 
        recommendation submitted by the Advisory Committee under 
        paragraph (2), (3), or (4), the Director shall respond in 
        writing to the Advisory Committee with feedback on the 
        recommendation. Such a response shall include--
                    ``(A) with respect to any recommendation with which 
                the Director concurs, an action plan to implement the 
                recommendation; and
                    ``(B) with respect to any recommendation with which 
                the Director does not concur, a justification for why 
                the Director does not plan to implement the 
                recommendation.
            ``(6) Congressional notification.--For each fiscal quarter 
        beginning after the date of the enactment of this section, the 
        Director shall provide to the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Appropriations of 
        the Senate and the Committee on Homeland Security and the 
        Committee on Appropriations of the House of Representatives a 
        briefing on feedback from the Advisory Committee.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this Act, the Director 
                shall appoint the members of the Advisory Committee.
                    ``(B) Composition.--The membership of the Advisory 
                Committee shall consist of not more than 35 
                individuals, each of whom represent a category referred 
                to in subparagraph (C)(i).
                    ``(C) Representation.--
                            ``(i) In general.--The membership of the 
                        Advisory Committee shall include 
                        representatives of State and local governments 
                        and of a broad range of industries, including 
                        the following:
                                    ``(I) Defense.
                                    ``(II) Education.
                                    ``(III) Financial services.
                                    ``(IV) Healthcare.
                                    ``(V) Manufacturing.
                                    ``(VI) Media and entertainment.
                                    ``(VII) Chemicals.
                                    ``(VIII) Retail.
                                    ``(IX) Transportation.
                                    ``(X) Energy.
                                    ``(XI) Information Technology.
                                    ``(XII) Communications.
                                    ``(XIII) Other relevant fields 
                                identified by the Director.
                            ``(ii) Prohibition.--Not more than three 
                        members may represent any one category under 
                        clause (i).
            ``(2) Term of office.--
                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be two years, but a member may 
                continue to serve until a successor is appointed.
                    ``(B) Removal.--The Director may review the 
                participation of a member of the Advisory Committee and 
                remove such member for cause at any time.
                    ``(C) Reappointment.--A member of the Advisory 
                Committee may be reappointed for an unlimited number of 
                terms.
            ``(3) Delegation of responsibilities.--A member of the 
        Advisory Committee may delegate that member's responsibilities 
        under this section to another individual, with the exception of 
        access to protected information and classified information 
        under paragraph (6).
            ``(4) Prohibition on compensation.--The members of the 
        Advisory Committee may not receive pay or benefits from the 
        United States Government by reason of their service on the 
        Advisory Committee.
            ``(5) Meetings.--
                    ``(A) In general.--The Director shall require the 
                Advisory Committee to meet at least quarterly, and may 
                convene additional meetings as necessary.
                    ``(B) Public meetings.--At least one of the 
                meetings referred to in subparagraph (A) shall be open 
                to the public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
            ``(6) Member access to classified and protected 
        information.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which a member is first appointed to the 
                Advisory Committee and before the member is granted 
                access to any classified information or protected 
                information, the Director shall determine if there is 
                cause for such member to be restricted from reviewing, 
                discussing, or possessing such information.
                    ``(B) Access.--
                            ``(i) Protected information.--If the 
                        Director does not restrict a member from 
                        reviewing, discussing, or possessing sensitive 
                        information under subparagraph (A) and the 
                        member voluntarily signs a nondisclosure 
                        agreement with respect to protected 
                        information, the member may be granted access 
                        to protected information that the Director 
                        determines is relevant to such member's service 
                        on the Advisory Committee.
                            ``(ii) Classified information.--Access to 
                        classified materials shall be managed in 
                        accordance with Executive Order No. 13526 of 
                        December 29, 2009 (75 Fed. Reg. 707), or any 
                        subsequent corresponding Executive Order.
                    ``(C) Protections.--A member of the Advisory 
                Committee shall agree, as a condition of such 
                membership, to protect all classified information in 
                accordance with the applicable requirements for the 
                particular level of classification of such information 
                and to protect all protected information appropriately.
                    ``(D) Protected information defined.--In this 
                section, the term `protected information' means--
                            ``(i) information specifically exempted 
                        from disclosure by statute or regulation;
                            ``(ii) trade secrets and commercial or 
                        financial information obtained from a person 
                        and privileged or confidential;
                            ``(iii) deliberative process privileged 
                        information;
                            ``(iv) personally identifiable information, 
                        the disclosure of which would constitute an 
                        invasion of personal privacy;
                            ``(v) records containing law enforcement 
                        sensitive information; and
                            ``(vi) other categories of information, as 
                        determined by the Director.
            ``(7) Chairperson.--The Advisory Committee shall select, 
        from among the members of the Advisory Committee--
                    ``(A) a member to serve as chairperson of the 
                Advisory Committee; and
                    ``(B) a member to serve as chairperson of each 
                subcommittee of the Advisory Committee established 
                under subsection (d).
    ``(d) Subcommittees.--
            ``(1) In general.--The Director and the Advisory Committee 
        shall establish subcommittees within the Advisory Committee to 
        address cybersecurity issues, including relating to the 
        following:
                    ``(A) Information exchange.
                    ``(B) Critical infrastructure.
                    ``(C) Risk management.
                    ``(D) Public and private partnerships.
            ``(2) Additional subcommittees.--In addition to the 
        subcommittees established pursuant to paragraph (1), the 
        Advisory Committee chairperson, in coordination with the 
        Director, may establish within the Advisory Committee 
        additional subcommittees that the Director and Advisory 
        Committee determine to be necessary.
            ``(3) Meetings and reporting.--Each subcommittee shall meet 
        at least bimonthly, and submit to the Advisory Committee for 
        inclusion in the annual report required under subsection (b)(4) 
        information, including activities, findings, and 
        recommendations, regarding subject matter considered by the 
        subcommittee.
            ``(4) Subject matter experts.--The chair of the Advisory 
        Committee shall appoint members to subcommittees and shall 
        ensure that each member appointed to a subcommittee has subject 
        matter expertise relevant to the subject matter of the 
        subcommittee.
    ``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee and its 
subcommittees.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 
2214 the following new item:

``Sec. 2215. Cybersecurity Advisory Committee.''.

SEC. 302. CYBERSECURITY ESSENTIALS.

    (a) In General.--Subsection (b) of section 2203 of the Homeland 
Security act of 2002 (6 U.S.C. 653) is amended--
            (1) in paragraph (3), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) develop, publish and update as necessary guidelines 
        and processes for a national audience regarding best practices 
        for effective and usable basic controls that have the most 
        impact in defending again common cybersecurity threats and 
        cybersecurity risks; and''.
    (b) Restriction.--Chapter 35 of title 44, United States Code 
(commonly known as the ``Paperwork Reduction Act'') shall not apply to 
any action to implement this Act.

SEC. 303. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS AND MITIGATION 
              PROGRAM IN THE CYBERSECURITY AND INFRASTRUCTURE SECURITY 
              AGENCY.

    (a) In General.--Section 2213 of the Homeland Security Act of 2002 
(6 U.S.C. 663) is amended by adding at the end the following new 
subsection:
    ``(g) Continuous Diagnostics and Mitigation.--
            ``(1) Program.--
                    ``(A) In general.--The Secretary, acting through 
                the Director of Cybersecurity and Infrastructure 
                Security, shall deploy, operate, and maintain a 
                continuous diagnostics and mitigation program for 
                agencies. Under such program, the Secretary shall--
                            ``(i) assist agencies to continuously 
                        diagnose and mitigate cyber threats and 
                        vulnerabilities;
                            ``(ii) develop and provide the capability 
                        to collect, analyze, and visualize information 
                        relating to security data and cybersecurity 
                        risks at agencies;
                            ``(iii) make program capabilities available 
                        for use, with or without reimbursement, to 
                        civilian agencies and State, local, Tribal, and 
                        territorial governments;
                            ``(iv) employ shared services, collective 
                        purchasing, blanket purchase agreements, and 
                        any other economic or procurement models the 
                        Secretary determines appropriate to maximize 
                        the costs savings associated with implementing 
                        an information system; and
                            ``(v) develop policies and procedures for 
                        reporting systemic cybersecurity risks and 
                        potential incidents based upon data collected 
                        under such program.
                    ``(B) Regular improvement.--The Secretary shall 
                regularly deploy new technologies and modify existing 
                technologies to the continuous diagnostics and 
                mitigation program required under subparagraph (A), as 
                appropriate, to improve the program.
            ``(2) Agency responsibilities.--Notwithstanding any other 
        provision of law, each agency that uses the continuous 
        diagnostics and mitigation program under paragraph (1) shall, 
        continuously and in real time, provide to the Secretary all 
        information, assessments, analyses, and raw data collected by 
        the program, in a manner specified by the Secretary.
            ``(3) Responsibilities of the secretary.--In carrying out 
        the continuous diagnostics and mitigation program under 
        paragraph (1), the Secretary shall, as appropriate--
                    ``(A) share with agencies relevant analysis and 
                products developed under such program;
                    ``(B) provide regular reports on cybersecurity 
                risks to agencies; and
                    ``(C) provide comparative assessments of 
                cybersecurity risks for agencies.''.
    (b) Continuous Diagnostics and Mitigation Strategy.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall develop a comprehensive continuous diagnostics and 
        mitigation strategy to carry out the continuous diagnostics and 
        mitigation program required under subsection (g) of section 
        2213 of the Homeland Security Act of 2002 (6 U.S.C. 663), as 
        added by subsection (a).
            (2) Scope.--The strategy required under paragraph (1) shall 
        include the following:
                    (A) A description of the continuous diagnostics and 
                mitigation program, including efforts by the Secretary 
                of Homeland Security to assist with the deployment of 
                program tools, capabilities, and services, from the 
                inception of the program referred to in paragraph (1) 
                to the date of enactment of this Act.
                    (B) A description of the coordination and funding 
                required to deploy, install, and maintain the tools, 
                capabilities, and services that the Secretary of 
                Homeland Security determines to be necessary to satisfy 
                the requirements of such program.
                    (C) A description of any obstacles facing the 
                deployment, installation, and maintenance of tools, 
                capabilities, and services under such program.
                    (D) Recommendations and guidelines to help maintain 
                and continuously upgrade tools, capabilities, and 
                services provided under such program.
                    (E) Recommendations for using the data collected by 
                such program for creating a common framework for data 
                analytics, visualization of enterprise-wide risks, and 
                real-time reporting, and comparative assessments for 
                cybersecurity risks.
                    (F) Recommendations for future efforts and 
                activities, including for the rollout of new and 
                emerging tools, capabilities and services, proposed 
                timelines for delivery, and whether to continue the use 
                of phased rollout plans, related to securing networks, 
                devices, data, and information and operational 
                technology assets through the use of such program.
            (3) Form.--The strategy required under paragraph (1) shall 
        be submitted in an unclassified form, but may contain a 
        classified annex.
    (c) Report.--Not later than 180 days after the development of the 
strategy required under subsection (b), 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 Representative a report on cybersecurity risk 
posture based on the data collected through the continuous diagnostics 
and mitigation program under subsection (g) of section 2213 of the 
Homeland Security Act of 2002 (6 U.S.C. 663), as added by subsection 
(a).
    (d) GAO Report.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
a report to Congress on the potential impacts and benefits of replacing 
the reporting requirements under chapter 35 of title 44, United States 
Code, with periodical real-time data provided by the continuous 
diagnostics and mitigation program under subsection (g) of section 2213 
of the Homeland Security Act of 2002 (6 U.S.C. 663), as added by 
subsection (a).

SEC. 304. ADMINISTRATIVE SUBPOENA AUTHORITY.

    (a) In General.--Section 2209 of the Homeland Security Act of 2002 
(6 U.S.C. 659) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (6) as paragraph 
                (7); and
                    (B) by inserting after paragraph (5) the following:
            ``(6) the term `security vulnerability' has the meaning 
        given that term in section 102(17) of the Cybersecurity 
        Information Sharing Act of 2015 (615 U.S.C. 1501(17));'';
            (2) in subsection (c)--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(12) detecting, identifying, and receiving information 
        about security vulnerabilities relating to critical 
        infrastructure in the information systems and devices of 
        Federal and non-Federal entities for a cybersecurity purpose, 
        as defined in section 102 of the Cybersecurity Information 
        Sharing Act of 2015 (6 U.S.C. 1501), and notifying the owners 
        and operators of critical infrastructure with such security 
        vulnerability.''; and
            (3) by adding at the end the following:
    ``(n) Subpoena Authority.--
            ``(1) Definition.--In this subsection, the term `enterprise 
        device or system'--
                    ``(A) means a device or system commonly used to 
                perform industrial, commercial, scientific, or 
                governmental functions or processes that relate to 
                critical infrastructure, including operational and 
                industrial control systems, distributed control 
                systems, and programmable logic controllers; and
                    ``(B) does not include personal devices and 
                systems, such as consumer mobile devices, home 
                computers, residential wireless routers, or residential 
                internet-enabled consumer devices.
            ``(2) Authority.--
                    ``(A) In general.--If the Director identifies a 
                system connected to the internet which he reasonably 
                believes contains a with a specific security 
                vulnerability and reasonably believes that the security 
                vulnerability relates to critical infrastructure and 
                affects an enterprise device or system owned or 
                operated by a Federal or non-Federal entity, and the 
                Director is unable to identify the entity at risk, the 
                Director may issue a subpoena for the production of 
                information necessary to identify and notify the entity 
                at risk, in order to carry out a function authorized 
                under subsection (c)(12).
                    ``(B) Limit on information.--A subpoena issued 
                under the authority under subparagraph (A) may only 
                seek information in the categories set forth in 
                subparagraphs (A), (B), (D), and (E) of section 
                2703(c)(2) of title 18, United States Code.
                    ``(C) Liability protections for disclosing 
                providers.--The provisions of section 2703(e) of title 
                18, United States Code, shall apply to any subpoena 
                issued under the authority under subparagraph (A).
            ``(3) Coordination.--
                    ``(A) In general.--If the Director decides to 
                exercise the subpoena authority under this subsection, 
                and in the interest of avoiding interference with 
                ongoing law enforcement investigations, the Director 
                shall coordinate the issuance of any such subpoena with 
                the Department of Justice, including the Federal Bureau 
                of Investigation, pursuant to inter-agency procedures 
                which the Director, in coordination with the Attorney 
                General, shall develop not later than 60 days after the 
                date of enactment of this subsection.
                    ``(B) Contents.--The inter-agency procedures 
                developed under this paragraph shall provide that a 
                subpoena issued by the Director under this subsection 
                shall be--
                            ``(i) issued in order to carry out a 
                        function described in subsection (c)(12); and
                            ``(ii) subject to the limitations under 
                        this subsection.
                    ``(C) Restriction on law enforcement use.--The 
                regulations or guidance issued to carry out actions 
                authorized under subsection (n) by the Director may not 
                be used by the Department of Justice, including the 
                Federal Bureau of Investigation, to predicate a new 
                investigation solely on the information contained in a 
                subpoena issued under subsection (n).
            ``(4) Noncompliance.--If any person, partnership, 
        corporation, association, or entity fails to comply with any 
        duly served subpoena issued under this subsection, the Director 
        may request that the Attorney General seek enforcement of the 
        subpoena in any judicial district in which such person, 
        partnership, corporation, association, or entity resides, is 
        found, or transacts business.
            ``(5) Notice.--Not later than 7 days after the date on 
        which the Director receives information obtained through a 
        subpoena issued under this subsection, the Director shall 
        notify the entity at risk identified by information obtained 
        under the subpoena regarding the subpoena and the identified 
        vulnerability.
            ``(6) Authentication.--Any subpoena issued by the Director 
        under this subsection shall be authenticated by the electronic 
        signature of an authorized representative of the Agency or 
        other comparable symbol or process identifying the Agency as 
        the source of the subpoena.
            ``(7) Remediation.--Upon successful identification of a 
        vulnerability on a system owned or operated by the party or 
        entity, the Director shall, upon request--
                    ``(A) provide appropriate, detailed technical 
                guidance to remediate, end, or mitigate the 
                vulnerability identified by the subpoena;
                    ``(B) provide appropriate, detailed technical 
                guidance to prevent a recurrence or the vulnerability 
                or a similar vulnerability in the future; and
                    ``(C) provide appropriate information regarding any 
                other exploitable vulnerabilities discovered on a 
                system owned or operated by a party or entity during 
                the course of investigation and remediation operations 
                by the Agency.
            ``(8) Procedures.--Not later than 90 days after the date of 
        enactment of this subsection, the Director shall establish 
        internal procedures and associated training, applicable to 
        employees and operations of the Agency, regarding subpoenas 
        issued under this subsection, which shall address--
                    ``(A) the protection of and restriction on 
                dissemination of nonpublic information obtained through 
                a subpoena issued under this subsection, including a 
                requirement that the Agency shall not disseminate 
                nonpublic information obtained through a subpoena 
                issued under this subsection that identifies the party 
                that is subject to the subpoena or the entity at risk 
                identified by information obtained, unless--
                            ``(i) the party or entity consents; or
                            ``(ii) the Agency identifies or is notified 
                        of a cybersecurity incident involving the party 
                        or entity, which relates to the vulnerability 
                        which led to the issuance of the subpoena;
                    ``(B) the restriction on the use of information 
                obtained through the subpoena for a cybersecurity 
                purpose, as defined in section 102 of the Cybersecurity 
                Information Sharing Act of 2015 (6 U.S.C. 1501);
                    ``(C) the retention and destruction of nonpublic 
                information obtained through a subpoena issued under 
                this subsection, including--
                            ``(i) immediate destruction of information 
                        obtained through the subpoena that the Director 
                        determines is unrelated to critical 
                        infrastructure; and
                            ``(ii) destruction of any personally 
                        identifiable information not later than 6 
                        months after the date on which the Director 
                        receives information obtained through the 
                        subpoena, unless otherwise agreed to by the 
                        individual identified by the subpoena 
                        respondent;
                    ``(D) the processes for providing notice to each 
                party that is subject to the subpoena and each entity 
                at risk identified by information obtained pursuant to 
                a subpoena issued under this subsection;
                    ``(E) the processes and criteria for conducting 
                critical infrastructure security risk assessments to 
                determine whether a subpoena is necessary prior to 
                being issued under this subsection; and
                    ``(F) the processes for assisting a party or entity 
                with removal, remediation, or other corrective measures 
                required to address the vulnerability identified by the 
                subpoena and, upon request, providing other resources 
                to parties or entities to prevent a recurrence of the 
                vulnerability or a related vulnerability in the future.
            ``(9) Review of procedures.--Not later than 1 year after 
        the date of enactment of this subsection, the Privacy Officer 
        of the Agency shall--
                    ``(A) review the procedures developed by the 
                Director under paragraph (8) to ensure that--
                            ``(i) the procedures are consistent with 
                        fair information practices; and
                            ``(ii) the operations of the Agency comply 
                        with the procedures; and
                    ``(B) notify the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Homeland Security of the House of Representatives of 
                the results of the review.
            ``(10) Publication of information.--Not later than 120 days 
        after establishing the internal procedures under paragraph (8), 
        the Director shall make publicly available information 
        regarding the subpoena process under this subsection, including 
        regarding--
                    ``(A) the purpose for subpoenas issued under this 
                subsection;
                    ``(B) the subpoena process;
                    ``(C) the criteria for the critical infrastructure 
                security risk assessment conducted prior to issuing a 
                subpoena;
                    ``(D) policies and procedures on retention and 
                sharing of data obtained by subpoena;
                    ``(E) guidelines on how entities contacted by the 
                Director may respond to notice of a subpoena; and
                    ``(F) the procedures and policies of the Agency 
                developed under paragraph (8).
            ``(11) Annual reports.--The Director shall annually 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 (which may include a 
        classified annex but with the presumption of declassification) 
        on the use of subpoenas under this subsection by the Director, 
        which shall include--
                    ``(A) a discussion of--
                            ``(i) the effectiveness of the use of 
                        subpoenas to mitigate critical infrastructure 
                        security vulnerabilities;
                            ``(ii) the critical infrastructure security 
                        risk assessment process conducted for subpoenas 
                        issued under this subsection;
                            ``(iii) the number of subpoenas issued 
                        under this subsection by the Director during 
                        the preceding year;
                            ``(iv) to the extent practicable, the 
                        number of vulnerable enterprise devices or 
                        systems mitigated under this subsection by the 
                        Agency during the preceding year; and
                            ``(v) the number of entities notified by 
                        the Director under this subsection, and their 
                        response, during the previous year; and
                    ``(B) for each subpoena issued under this 
                subsection--
                            ``(i) the source of the security 
                        vulnerability detected, identified, or received 
                        by the Director;
                            ``(ii) the steps taken to identify the 
                        entity at risk prior to issuing the subpoena; 
                        and
                            ``(iii) a description of the outcome of the 
                        subpoena, including discussion on the 
                        resolution or mitigation of the critical 
                        infrastructure security vulnerability.
            ``(12) Publication of the annual reports.--The Director 
        shall make a version of the annual report required by paragraph 
        (11) publicly available, which shall, at a minimum, include the 
        findings described in clauses (iii), (iv), and (v) of 
        subparagraph (A).''.

SEC. 305. CISA DIRECTOR TERM LIMITATION.

    (a) In General.--Subsection (b) of section 2202 of the Homeland 
Security Act of 2002 (6 U.S.C. 652) is amended by--
            (1) redesignating paragraph (2) as paragraph (3); and
            (2) inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Term.--Effective with respect to an individual 
        appointed to be the Director by the President, by and with the 
        advice and consent of the Senate, after the date of the 
        enactment of this paragraph, the term of office of such an 
        individual so appointed shall be five years, and such an 
        individual may not serve more than two terms. The term of 
        office of the individual serving as the Director as of such 
        date of enactment shall be five years beginning on the date on 
        which the Director began serving.''.
    (b) Amendment Relating to Qualifications for Certain CISA Assistant 
Directors.--The Homeland Security Act of 2002 is amended--
            (1) in subparagraph (B) of section 2203(a)(2) (6 U.S.C. 
        653(a)(2)), by striking ``President without the advice and 
        consent of the Senate'' and inserting ``Secretary''; and
            (2) in subparagraph (B) of section 2204(a)(2) (6 U.S.C. 
        654(a)(2)), by striking ``President without the advice and 
        consent of the Senate'' and inserting ``Secretary''.
    (c) Amendment to Position Level of CISA Director.--Subchapter II of 
chapter 53 of title 5, United States Code, is amended--
            (1) in section 5313, by inserting after ``Administrator of 
        the Transportation Security Administration.'' the following:
            ``Director, Cybersecurity and Infrastructure Security 
        Agency.''; and
            (2) in section 5314, by striking ``Director, Cybersecurity 
        and Infrastructure Security Agency.''.

SEC. 306. STATE, LOCAL, TRIBAL, AND TERRITORIAL CYBERSECURITY.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.), as amended by this title, is 
further amended by adding at the end the following new sections:

``SEC. 2216. CYBERSECURITY RESOURCE GUIDE DEVELOPMENT FOR STATE, LOCAL, 
              TRIBAL, AND TERRITORIAL GOVERNMENT OFFICIALS.

    ``The Secretary, acting through the Director, shall develop a 
resource guide for use by State, local, and Tribal officials, including 
law enforcement officers, to help such officials prepare for, protect 
against, respond to, recover from, and mitigate against cyber attacks.

``SEC. 2217. STATE, LOCAL, TRIBAL, AND TERRITORIAL CYBERSECURITY 
              GRANTS.

    ``(a) In General.--The Director shall establish a State, local, 
Tribal, and territorial government cybersecurity initiative to make 
grants to State, local, Tribal, and territorial governments to prepare 
for, protect against, respond to, recover from, and mitigate against 
cyber attacks.
    ``(b) Application.--
            ``(1) In general.--Each State, local, Tribal, and 
        territorial government may apply for a grant under this 
        section, and shall submit such information in support of an 
        application relating thereto as the Director may require.
            ``(2) Minimum contents of application.--An application 
        under this subsection shall include the following:
                    ``(A) A description of how the State, local, 
                Tribal, or territorial government plans to allocate 
                grant funds.
                    ``(B) A budget showing how the State, local, 
                Tribal, or territorial government intends to expend 
                grant funds.
            ``(3) Duration.--Grants under this section shall be for one 
        year, and a State, local, Tribal, or territorial government may 
        apply or reapply on an annual basis.
    ``(c) Grant Award.--To be eligible to receive a grant under this 
section, a State, local, Tribal, or territorial government shall agree 
to contribute, from State or local government appropriated funds, other 
State or local government revenue, or from private contributions 
received by the State or local government, not less than 20 percent of 
the amount of the grant.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for each of fiscal years 2020 through 2024 and 
such sums as may be necessary for each fiscal year thereafter to carry 
out this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2215, as added by this title, the following 
new items:

``Sec. 2216. Cybersecurity resource guide development for State, local, 
                            Tribal, and territorial government 
                            officials.
``Sec. 2217. State, local, Tribal, and territorial cybersecurity 
                            grants.''.
    (c) Additional Requirements.--Subtitle A of title XXII of the 
Homeland Security Act of 2002 (6 U.S.C 652 et seq.), as amended by this 
title, is further amended--
            (1) in section 2201 (6 U.S.C. 651)--
                    (A) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (5), (6), and (7), respectively; and
                    (B) by inserting after paragraph (3) the new 
                following paragraph:
            ``(4) Entity.--The term `entity' shall include--
                    ``(A) an association, corporation, whether for-
                profit or nonprofit, partnership, proprietorship, 
                organization, institution, establishment, or 
                individual, whether domestic or foreign;
                    ``(B) a government agency or other governmental 
                entity, whether domestic or foreign, including State, 
                local, Tribal, and territorial government entities; and
                    ``(C) the general public.''; and
            (2) in section 2209 (6 U.S.C. 659), by adding at the end 
        the following new subsection:
    ``(n) Coordination.--The Director shall, to the extent practicable, 
and in coordination as appropriate with Federal and non-Federal 
entities, such as the Multi-State Information Sharing and Analysis 
Center--
            ``(1) conduct exercises with Federal and non-Federal 
        entities;
            ``(2) provide operational and technical cybersecurity 
        training related to cyber threat indicators, defensive 
        measures, cybersecurity risks, and incidents to Federal and 
        non-Federal entities to address cybersecurity risks or 
        incidents, with or without reimbursement;
            ``(3) assist Federal and non-Federal entities, upon 
        request, in sharing cyber threat indicators, defensive 
        measures, cybersecurity risks, and incidents from and to the 
        Federal Government as well as among Federal and non-Federal 
        entities, in order to increase situational awareness and help 
        prevent incidents;
            ``(4) provide Federal and non-Federal entities timely 
        notifications containing specific incident and malware 
        information that may affect such entities or individuals with 
        respect to whom such entities have a relationship;
            ``(5) provide and periodically update via a web portal and 
        other means tools, products, resources, policies, guidelines, 
        controls, procedures and other cybersecurity standards and best 
        practices and procedures related to information security;
            ``(6) work with senior Federal and non-Federal officials, 
        including State and local Chief Information Officers, senior 
        election officials, and through national associations, to 
        coordinate a nationwide effort to ensure effective 
        implementation of tools, products, resources, policies, 
        guidelines, controls, procedures, and other cybersecurity 
        standards and best practices and procedures related to 
        information security to secure and ensure the resiliency of 
        Federal and non-Federal information systems and including 
        election systems;
            ``(7) provide, upon request, operational and technical 
        assistance to Federal and non-Federal entities to implement 
        tools, products, resources, policies, guidelines, controls, 
        procedures, and other cybersecurity standards and best 
        practices related to information security, including by, as 
        appropriate, deploying and sustaining cybersecurity 
        technologies, such as an intrusion detection capability, to 
        assist such Federal and non-Federal entities in detecting 
        cybersecurity risks and incidents;
            ``(8) assist Federal and non-Federal entities in developing 
        policies and procedures for coordinating vulnerability 
        disclosures, to the extent practicable, consistent with 
        international and national standards in the information 
        technology industry;
            ``(9) ensure that Federal and non-Federal entities, as 
        appropriate, are made aware of the tools, products, resources, 
        policies, guidelines, controls, procedures, and other 
        cybersecurity standards and best practices related to 
        information security developed by the Department and other 
        appropriate Federal entities for ensuring the security and 
        resiliency of civilian information systems; and
            ``(10) promote cybersecurity education and awareness 
        through engagements with Federal and non-Federal entities.''.

SEC. 307. CYBERSECURITY WORKFORCE.

    (a) Cybersecurity Talent Exchange.--
            (1) Definitions.--In this section--
                    (A) the term ``congressional homeland security 
                committees'' means--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs and the Committee on 
                        Appropriations of the Senate; and
                            (ii) the Committee on Homeland Security and 
                        the Committee on Appropriations of the House of 
                        Representatives;
                    (B) the term ``Department'' means the Department of 
                Homeland Security; and
                    (C) the term ``Secretary'' means the Secretary of 
                Homeland Security.
            (2) Cybersecurity talent exchange pilot program.--
                    (A) 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.
                    (B) Delegation.--The Secretary may delegate any 
                authority under this section to the Director of the 
                Cybersecurity and Infrastructure Security Agency of the 
                Department.
            (3) Appointment authority.--
                    (A) 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.
                    (B) Eligible employees.--Employees participating in 
                the pilot program established under subsection (b) 
                shall have significant education, skills, or experience 
                relating to cybersecurity.
                    (C) Agreements.--
                            (i) 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.
                            (ii) Liability.--An amount for which an 
                        employee is liable under subparagraph (i)(II) 
                        shall be treated as a debt due the United 
                        States.
                            (iii) 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.
                    (D) 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.
                    (E) Duration.--
                            (i) 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.
                            (ii) 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.
                            (iii) Limitation.--No employee of the 
                        Department may be assigned under this 
                        subsection for more than a total of 4 years 
                        inclusive of all assignments.
                    (F) Status of federal employees assigned to 
                private-sector organizations.--
                            (i) 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.
                            (ii) 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.
                            (iii) 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.
                    (G) Terms and conditions for private-sector 
                employees.--An employee of a private-sector 
                organization who is assigned to a Department 
                organization under this subsection--
                            (i) 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);
                            (ii) 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;
                            (iii) 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;
                            (iv) may perform work that is considered 
                        inherently governmental in nature only when 
                        requested in writing by the Secretary; and
                            (v) may not be used to circumvent any 
                        limitation or restriction on the size of the 
                        workforce of the Department.
                    (H) 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.
                    (I) Expenses.--
                            (i) 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.
                            (ii) 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.
                    (J) Maximum number of participants.--Not more than 
                250 individuals may concurrently participate in the 
                pilot program established under subsection (b).
            (4) 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.
            (5) 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.
            (6) Reports.--
                    (A) 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.
                    (B) 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.
    (b) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 2218. CYBERSECURITY APPRENTICESHIPS.

    ``The director of cybersecurity and infrastructure security agency 
may establish a cybersecurity apprenticeship program in coordination 
with the National Institutes of Standards and Technology National 
Initiative for Cybersecurity Education and the Department of Labor 
Apprenticeship Office.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2217, as added by this title, the following 
new item:

``Sec. 2218. Cybersecurity apprenticeships.''.

SEC. 308. ELECTION SECURITY.

    (a) Election Infrastructure Designation.--Subparagraph (J) of 
section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) 
is amended by inserting ``, including election infrastructure'' before 
the period at the end.
    (b) Timely Threat Information.--Subsection (d) of section 201 of 
the Homeland Security Act of 2002 (6 U.S.C. 121), as amended by title 
II of this Act, is further amended by adding at the end the following 
new paragraph:
            ``(25) To provide timely threat information regarding 
        election infrastructure to the chief State election official of 
        the State with respect to which such information pertains.''.
    (c) Election Security Responsibilities.--In carrying out the 
responsibilities under section 2202 of the Homeland Security Act of 
2002 (6 U.S.C. 652), the Director of Cybersecurity and Infrastructure 
Security Agency may--
            (1) upon request, provide State and local election 
        jurisdictions, with--
                    (A) technical assistance with election 
                infrastructure;
                    (B) cyber hygiene service for internet-facing 
                systems;
                    (C) risk and vulnerability assessments;
                    (D) incident response assistance; and
                    (E) provide physical and protective security tools, 
                training and resources; and
            (2) employ field-base cybersecurity advisors and protective 
        security advisors.

SEC. 309. PROTECTION FROM LIABILITY.

    Section 2224 of the Homeland Security Act (6 U.S.C. 673) is 
amending by adding at the end the following new subsections:
    ``(i) Monitoring of Information Systems.--No cause of action shall 
lie or be maintained in any court against any private entity, and such 
action shall be promptly dismissed, for the monitoring of an 
information system and information under section 104(a) that is 
conducted in accordance with this title.
    ``(j) Sharing or Receipt of Cyber Threat Indicators.--
            ``(1) In general.--No cause of action shall lie or be 
        maintained in any court against any private entity, and such 
        action shall be promptly dismissed, for the sharing or receipt 
        of a cyber threat indicator or defensive measure under section 
        104(c) if--
                    ``(A) such sharing or receipt is conducted in 
                accordance with this title; and
                    ``(B) in a case in which a cyber threat indicator 
                or defensive measure is shared with the Federal 
                Government, the cyber threat indicator or defensive 
                measure is shared in a manner that is consistent with 
                section 105(c)(1)(B) and the sharing or receipt, as the 
                case may be, occurs after the earlier of--
                            ``(i) the date on which the interim 
                        policies and procedures are submitted to 
                        Congress under section 105(a)(1) and guidelines 
                        are submitted to Congress under section 
                        105(b)(1); or
                            ``(ii) the date that is 60 days after the 
                        date of the enactment of this subsection.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to--
                    ``(A) create a duty to--
                            ``(i) share a cyber threat indicator or 
                        defensive measure; or
                            ``(ii) warn or act based on the receipt of 
                        a cyber threat indicator or defensive measure; 
                        or
                    ``(B) undermine or limit the availability of 
                otherwise applicable common law or statutory 
                defenses.''.

SEC. 310. PERMANENT EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM 
              STANDARDS PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY.

    Section 5 of the Protecting and Securing Chemical Facilities from 
Terrorist Attacks Act of 2014 (Public Law 113-254; 6 U.S.C. 621 note) 
is repealed.

SEC. 311. 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 title I of this Act, 
        is further amended by adding at the end the following new 
        section:

``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Under Secretary for Science and Technology 
shall support the research, development, testing, evaluation, and 
transition of cybersecurity technologies, including fundamental 
research to improve the sharing of information, information security, 
analytics, and methodologies related to cybersecurity risks and 
incidents, consistent with current law.
    ``(b) Activities.--The research and development supported under 
subsection (a) shall serve the components of the Department and shall--
            ``(1) advance the development and accelerate the deployment 
        of more secure information systems;
            ``(2) improve and create technologies for detecting and 
        preventing attacks or intrusions, including real-time 
        continuous diagnostics, real-time analytic technologies, and 
        full life cycle information protection;
            ``(3) improve and create mitigation and recovery 
        methodologies, including techniques and policies for real-time 
        containment of attacks and development of resilient networks 
        and information systems;
            ``(4) assist the development and support infrastructure and 
        tools to support cybersecurity research and development 
        efforts, including modeling, testbeds, and data sets for 
        assessment of new cybersecurity technologies;
            ``(5) assist the development and support of technologies to 
        reduce vulnerabilities in industrial control systems;
            ``(6) assist the development and support cyber forensics 
        and attack attribution capabilities;
            ``(7) assist the development and accelerate the deployment 
        of full information life cycle security technologies to enhance 
        protection, control, and privacy of information to detect and 
        prevent cybersecurity risks and incidents;
            ``(8) assist the development and accelerate the deployment 
        of information security measures, in addition to perimeter-
        based protections;
            ``(9) assist the development and accelerate the deployment 
        of technologies to detect improper information access by 
        authorized users;
            ``(10) assist the development and accelerate the deployment 
        of cryptographic technologies to protect information at rest, 
        in transit, and in use;
            ``(11) assist the development and accelerate the deployment 
        of methods to promote greater software assurance;
            ``(12) assist the development and accelerate the deployment 
        of tools to securely and automatically update software and 
        firmware in use, with limited or no necessary intervention by 
        users and limited impact on concurrently operating systems and 
        processes; and
            ``(13) assist in identifying and addressing unidentified or 
        future cybersecurity threats.
    ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate activities with--
            ``(1) the Director of Cybersecurity and Infrastructure 
        Security;
            ``(2) the heads of other relevant Federal departments and 
        agencies, as appropriate; and
            ``(3) industry and academia.
    ``(d) Transition to Practice.--The Under Secretary for Science and 
Technology shall--
            ``(1) support projects carried out under this title through 
        the full life cycle of such projects, including research, 
        development, testing, evaluation, pilots, and transitions;
            ``(2) identify mature technologies that address existing or 
        imminent cybersecurity gaps in public or private information 
        systems and networks of information systems, protect sensitive 
        information within and outside networks of information systems, 
        identify and support necessary improvements identified during 
        pilot programs and testing and evaluation activities, and 
        introduce new cybersecurity technologies throughout the 
        homeland security enterprise through partnerships and 
        commercialization; and
            ``(3) target federally funded cybersecurity research that 
        demonstrates a high probability of successful transition to the 
        commercial market within 2 years and that is expected to have a 
        notable impact on the public or private information systems and 
        networks of information systems.
    ``(e) Definitions.--In this section:
            ``(1) Cybersecurity risk.--The term `cybersecurity risk' 
        has the meaning given the term in section 2209.
            ``(2) Homeland security enterprise.--The term `homeland 
        security enterprise' means relevant governmental and 
        nongovernmental entities involved in homeland security, 
        including Federal, State, local, and Tribal government 
        officials, private sector representatives, academics, and other 
        policy experts.
            ``(3) Incident.--The term `incident' has the meaning given 
        the term in section 2209.
            ``(4) Information system.--The term `information system' 
        has the meaning given the term in section 3502 of title 44, 
        United States Code.
            ``(5) Software assurance.--The term `software assurance' 
        means confidence that software--
                    ``(A) is free from vulnerabilities, either 
                intentionally designed into the software or 
                accidentally inserted at any time during the life cycle 
                of the software; and
                    ``(B) functioning in the intended manner.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        inserting after the item relating to section 321, as added by 
        title I of this Act, the following new item:

``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. 312. LOAN REPAYMENT PROGRAM.

    (a) Agreement.--The Secretary of Homeland Security shall enter into 
an agreement with each individual in a cybersecurity position 
identified by a Federal agency pursuant to section 303 of the Federal 
Cybersecurity Workforce Assessment Act of 2015, under which--
            (1) the individual agrees serve in such a position for not 
        less than a 5-year period; and
            (2) for each year of such service, the Secretary shall 
        repay an amount of principal and interest, as specified in the 
        agreement, that the individual owes on qualifying educational 
        loans.
    (b) Qualifying Educational Loan Defined.--The term ``qualifying 
educational loan'' means a loan made under part D of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1087a) or private education 
loan (as defined in section 140 of the Truth in Lending Act) received 
by an individual for the cost of attendance (as defined in section 472 
of the Higher Education Act of 1965 (20 U.S.C. 1087ll)) at an 
institution designated by the Department as a Center for Academic 
Excellence in Cybersecurity.
    (c) Breach Remedies.--
            (1) In general.--Subject to paragraph (1), an agreement 
        under subsection (a) shall provide for remedies in a case in 
        which an individual does not comply with the service 
        requirement under subsection (a)(1), including repayment or 
        partial repayment of the loan repayment amount received under 
        subsection (a), with interest.
            (2) Waiver.--The Secretary of Homeland Security waive a 
        remedy provided for under paragraph (1) in the case of extreme 
        hardship or extreme need, as determined by the Secretary.
    (d) Administration.--The Secretary of Homeland Security may carry 
out this section directly or enter into an agreement with another 
Federal agency or other service provider to assist in the 
administration of this section.
    (e) Repayment Schedule.--The Secretary of Homeland Security may 
enter into an agreement with the holder of any loan for which the 
Secretary makes payments under this section to establish a schedule for 
the making of such payments.
    (f) Regulations.--Not later than 270 days after the date of 
enactment of this subsection, the Secretary of Homeland Security shall 
promulgate regulations to carry out this section, including regulations 
to determine the aggregate amount of loan repayment that an individual 
may receive under subsection (a).

SEC. 313. EXCLUSION OF CERTAIN STUDENT LOAN REPAYMENTS.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after section 
139H the following new section:

``SEC. 139I. CERTAIN STUDENT LOAN REPAYMENTS.

    ``Gross income shall not include any amount of loan repayment 
received under section 312(a) of the Keep America Secure Act.''.
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of such Code is amended by inserting after 
the item relating to section 139H the following new item:

``Sec. 139I. Certain student loan repayments.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2019.

SEC. 314. SCHOLARSHIP FOR SERVICE.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 2219. SCHOLARSHIP FOR SERVICE.

    ``(a) In General.--The Secretary, acting through the Director, may 
establish a scholarship program (in this section referred to as the 
`program') to recruit and train information technology, cybersecurity, 
and industrial control system security professionals to work in the 
Agency.
    ``(b) Elements.--The program shall--
            ``(1) provide scholarships through institutions of higher 
        education, including community colleges, that are designated as 
        National Centers of Academic Excellence in cybersecurity by the 
        Department, to students who are enrolled in programs of study 
        at such institutions leading to degrees or specialized program 
        certifications in the cybersecurity field;
            ``(2) provide scholarship recipients with summer internship 
        opportunities or other meaningful temporary appointments 
        relating to the cybersecurity mission of the Department; and
            ``(3) prioritize the employment placement in the Department 
        of at least 80 percent of scholarship recipients.
    ``(c) Amount.--A scholarship awarded under the program shall be in 
an amount that--
            ``(1) covers the recipient's tuition and fees for not more 
        than 4 years; and
            ``(2) provides the recipient with a stipend.
    ``(d) Post-Award Employment Obligations.--Each scholarship 
recipient, as a condition of receiving a scholarship under the program, 
shall enter into an agreement under which the recipient agrees to work 
for a period of five years in the cybersecurity mission of the 
Department after receipt of the student's degree or specialized program 
certification in the cybersecurity field.
    ``(e) Eligibility.-- To be eligible to receive a scholarship under 
the program, an individual shall--
            ``(1) be a citizen or lawful permanent resident of the 
        United States;
            ``(2) have demonstrated a high level of competency in 
        relevant knowledge, skills, and abilities, as defined by the 
        national cybersecurity awareness and education program of the 
        National Institute of Standards and Technology pursuant to 
        section 401 of the Cybersecurity Enhancement Act of 2014 (15 
        U.S.C. 7451);
            ``(3) be a full-time student in a technology-related degree 
        program at an institution described in subsection (b)(1), 
        except that in the case of a student who is enrolled in a 
        community college, be a student pursuing a degree on a less 
        than full-time basis, but not less than half-time basis; and
            ``(4) accept the terms of a scholarship under the program.
    ``(f) Conditions of Support.--
            ``(1) In general.--As a condition of receiving a 
        scholarship under the program, a recipient shall agree to 
        provide the institution described in subsection (b)(1) with 
        annual verifiable documentation of post-award employment and 
        up-to-date contact information.
            ``(2) Terms.--A scholarship recipient under the program 
        shall be liable to the United States as provided in subsection 
        (i) if the recipient--
                    ``(A) does not maintain an acceptable level of 
                academic standing at the applicable institution 
                described in subsection (b)(1), as determined by the 
                Secretary, acting through the Director;
                    ``(B) is dismissed for disciplinary reasons from 
                such applicable institution;
                    ``(C) withdraws from the eligible degree program 
                before completing the program of study;
                    ``(D) declares an intention to not fulfill the 
                post-award employment obligation under the program; or
                    ``(E) does not fulfill the post-award employment 
                obligation under the program.
    ``(g) Amount of Repayment.--
            ``(1) Less than one year of service.--If a circumstance 
        described in subsection (f)(2) occurs before the completion of 
        one year of a post-award employment obligation under the 
        program, the total monetary amount of the scholarship award 
        received by the recipient under the program shall be--
                    ``(A) repaid; or
                    ``(B) treated as a loan to be repaid in accordance 
                with subsection (h).
            ``(2) One or more years of service.--If a circumstance 
        described in subparagraph (D) or (E) of subsection (f)(2) 
        occurs after the completion of one or more years of a post-
        award employment obligation under the program, the total 
        monetary amount of the scholarship awards received by the 
        recipient under the program, reduced by the ratio of the number 
        of years of service completed divided by the number of years of 
        service required, shall be--
                    ``(A) repaid; or
                    ``(B) treated as a loan to be repaid in accordance 
                with subsection (h).
    ``(h) Repayments.--A loan described in subsection (g) shall be--
            ``(1) treated as a Federal Direct Unsubsidized Stafford 
        Loan under part D of title IV of the Higher Education Act of 
        1965 (20 U.S.C. 1087a et seq.); and
            ``(2) subject to repayment, together with interest thereon 
        accruing from the date of the scholarship award, in accordance 
        with terms and conditions specified by the Secretary, acting 
        through the Director, (in consultation with the Secretary of 
        Education) in regulations promulgated to carry out this 
        subsection.
    ``(i) Collection of Repayment.--
            ``(1) In general.--In the event that a scholarship 
        recipient is required to repay the scholarship award under this 
        section, an institution described in subsection (b)(1) 
        providing the scholarship shall--
                    ``(A) determine the repayment amounts and notify 
                the recipient and the Secretary of the amounts owed; 
                and
                    ``(B) collect the repayment amounts within a period 
                of time as determined by the Secretary, or the 
                repayment amounts shall be treated as a loan in 
                accordance with subsection (h).
            ``(2) Returned to treasury.--Except as provided in 
        paragraph (3), any repayment under this subsection shall be 
        returned to the Treasury of the United States.
            ``(3) Retained percentage.--An institution described in 
        subsection (b)(1) may retain a percentage of any repayment such 
        institution collects under this subsection to defray 
        administrative costs associated with such collection. The 
        Secretary shall establish a single, fixed percentage that will 
        apply to all such institutions.
    ``(j) Exceptions.--The Secretary may provide for the partial or 
total waiver or suspension of any service or repayment obligation by an 
individual under this section whenever compliance by such individual 
with such obligation is impossible or would involve extreme hardship to 
such individual, or if enforcement of such obligation with respect to 
such individual would be unconscionable.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2218, as added by this title, the following 
new item:

``Sec. 2219. Scholarship for service.''.

SEC. 315. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW.

    (a) In General.--The Director of the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security 
shall conduct a review of the ability of the Cybersecurity and 
Infrastructure Security Agency to carry out its mission requirements, 
as well as the recommendations detailed in the U.S. Cyberspace Solarium 
Commission's Report regarding the Agency.
    (b) Elements of Review.--The review conducted in accordance with 
subsection (a) shall include the following elements:
            (1) An assessment of how additional budget resources could 
        be used by the Cybersecurity and Infrastructure Security Agency 
        for projects and programs that--
                    (A) support the national risk management mission;
                    (B) support public and private-sector 
                cybersecurity;
                    (C) promote public-private integration; and
                    (D) provide situational awareness of cybersecurity 
                threats.
            (2) A force structure assessment of the Cybersecurity and 
        Infrastructure Security Agency, including--
                    (A) a determination of the appropriate size and 
                composition of personnel to carry out the mission 
                requirements of the Agency, as well as the 
                recommendations detailed in the U.S. Cyberspace 
                Solarium Commission's Report regarding the Agency;
                    (B) as assessment of whether existing personnel are 
                appropriately matched to the prioritization of threats 
                in the cyber domain and risks to critical 
                infrastructure;
                    (C) an assessment of whether the Agency has the 
                appropriate personnel and resources to--
                            (i) perform risk assessments, threat 
                        hunting, and incident response to support both 
                        private and public cybersecurity;
                            (ii) carry out its responsibilities related 
                        to the security of Federal information and 
                        Federal information systems (as such term is 
                        defined in section 3502 of title 44, United 
                        States Code); and
                            (iii) carry out its critical infrastructure 
                        responsibilities, including national risk 
                        management;
                    (D) an assessment of whether current structure, 
                personnel, and resources of regional field offices are 
                sufficient to carry out Agency responsibilities and 
                mission requirements; and
                    (E) an assessment of current Cybersecurity and 
                Infrastructure Security Agency facilities, including a 
                review of the suitability of such facilities to fully 
                support current and projected mission requirements 
                nationally and regionally, and recommendations 
                regarding future facility requirements.
    (c) Submission of Review.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report detailing the result of the review 
conducted in accordance with subsection (a), including recommendations 
to address any identified gaps.
    (d) General Services Administration Review.--
            (1) Submission of assessment.--Upon submission to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate of the report required under subsection (c), the 
        Director of the Cybersecurity and Infrastructure Security 
        Agency of the Department of Homeland Security shall submit to 
        the Administrator of the General Services Administration the 
        results of the assessment required under subsection (b)(2)(E).
            (2) Review.--The Administrator of the General Services 
        Administration shall--
                    (A) conduct a review of Cybersecurity and 
                Infrastructure Security Agency assessment required 
                under subsection (b)(2)(E); and
                    (B) make recommendations regarding resources needed 
                to procure or build a new facility or augment existing 
                facilities to ensure sufficient size and accommodations 
                to fully support current and projected mission 
                requirements, including the integration of personnel 
                from the private sector and other Federal departments 
                and agencies.
            (3) Submission of review.--Not later than 30 days after 
        receipt of the assessment in accordance with paragraph (1), the 
        Administrator of the General Services Administration shall 
        submit to the President, the Secretary of Homeland Security, 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate, and the Committee on Homeland Security of the House 
        of Representatives the review required under paragraph (2).

SEC. 316. STRATEGY TO SECURE EMAIL.

    (a) In General.--Not later than December 31, 2021, the Secretary of 
Homeland Security shall develop and submit to Congress a strategy, 
including recommendations, to implement across all United States-based 
email providers Domain-based Message Authentication, Reporting, and 
Conformance standard at scale.
    (b) Elements.--The strategy required under subsection (a) shall 
include the following:
            (1) A recommendation for the minimum size threshold for 
        United States-based email providers for applicability of 
        Domain-based Message Authentication, Reporting, and 
        Conformance.
            (2) A description of the security and privacy benefits of 
        implementing the Domain-based Message Authentication, 
        Reporting, and Conformance standard at scale, including 
        recommendations for national security exemptions, as 
        appropriate, as well as the burdens of such implementation and 
        an identification of the entities on which such burdens would 
        most likely fall.
            (3) An identification of key United States and 
        international stakeholders associated with such implementation.
            (4) An identification of any barriers to such implementing, 
        including a cost-benefit analysis where feasible.
            (5) An initial estimate of the total cost to the Federal 
        Government and implementing entities in the private sector of 
        such implementing, including recommendations for defraying such 
        costs, if applicable.
    (c) Consultation.--In developing the strategies and recommendations 
under subsection (a), the Secretary of Homeland Security may, as 
appropriate, consult with representatives from the information 
technology sector.
    (d) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to this section or to any action to implement this 
section.
    (e) Definition.--In this section, the term ``Domain-based Message 
Authentication, Reporting, and Conformance'' means an email 
authentication, policy, and reporting protocol that verifies the 
authenticity of the sender of an email and blocks and reports to the 
sender fraudulent accounts.

SEC. 317. STRENGTHENING FEDERAL NETWORKS.

    (a) Authority.--Section 3553(b) of title 44, United States Code, is 
amended--
            (1) in paragraph (6)(D), by striking ``; and'' at the end 
        and inserting a semicolon;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) hunting for and identifying, with or without advance 
        notice, threats and vulnerabilities within Federal information 
        systems; and''.
    (b) Binding Operational Directive.--Not later than 1 year after the 
date of the enactment of this section, the Secretary of Homeland 
Security shall issue a binding operational directive pursuant to 
subsection (b)(2) of section 3553 of title 44, United States Code, to 
implement paragraph (7) of section 3553(b) of title 44, United States 
Code, as added by subsection (a).

SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

    For necessary expenses of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Security, including to 
carry out this title and the amendments made by this title, there is 
authorized to be appropriated to the Agency the following:
            (1) $2,400,000,000 for fiscal year 2021.
            (2) $2,800,000,000 for fiscal year 2022.

                   TITLE IV--BORDER AND VISA SECURITY

SEC. 401. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND 
              OFFICERS.

    (a) U.S. Border Patrol Agents and Processing Coordinators.--Not 
later than September 30, 2024, the Commissioner of U.S. Customs and 
Border Protection shall hire, train, and assign sufficient U.S. Border 
Patrol personnel to maintain an active duty presence of not fewer than 
26,370 full-time equivalent agents and not fewer than 1,200 processing 
coordinators.
    (b) CBP Officers.--Not later than September 30, 2024, the 
Commissioner of U.S. Customs and Border Protection shall hire, train, 
and assign sufficient U.S. Customs and Border Protection officers to 
maintain an active duty presence of not fewer than 27,725 full-time 
equivalent officers.
    (c) Air and Marine Operations.--Not later than September 30, 2024, 
the Commissioner of U.S. Customs and Border Protection shall hire, 
train, and assign sufficient agents for Air and Marine Operations of 
U.S. Customs and Border Protection to maintain not fewer than 1,675 
full-time equivalent agents and not fewer than 264 Marine and Air 
Interdiction Agents for southern border air and maritime operations.
    (d) Professional Support Staff.--Not later than September 30, 2024, 
the Secretary of Homeland Security shall hire, train, and assign 
sufficient professional support staff for the recruitment, hiring, 
training, and maintenance of the personnel authorized under subsections 
(a) through (c).
    (e) GAO Report.--If the staffing levels required under this section 
are not achieved by September 30, 2024, the Comptroller General of the 
United States shall conduct a review of the reasons why such levels 
were not achieved.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $1,250,000,000 for each of fiscal years 2021 through 2024 
to carry out subsection (a) though (d).

SEC. 402. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER 
              PATROL AND AIR AND MARINE OPERATIONS OF CBP.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Commissioner of U.S. Customs and Border 
Protection, in coordination with the Under Secretary for Management, 
the Chief Human Capital Officer, and the Chief Financial Officer of the 
Department of Homeland Security, shall implement a workload staffing 
model for each of the following:
            (1) The U.S. Border Patrol.
            (2) Air and Marine Operations of U.S. Customs and Border 
        Protection.
    (b) Responsibilities of the Commissioner of CBP.--Subsection (c) of 
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is 
amended--
            (1) by redesignating paragraphs (18) and (19) as paragraphs 
        (20) and (21), respectively; and
            (2) by inserting after paragraph (17) the following new 
        paragraphs:
            ``(18) implement a staffing model that includes 
        consideration for essential frontline operator activities and 
        functions, variations in operating environments, present and 
        planned infrastructure, present and planned technology, and 
        required operations support levels for the U.S. Border Patrol, 
        Air and Marine Operations, and the Office of Field Operations, 
        to manage and assign personnel of such entities to ensure field 
        and support posts possess adequate resources to carry out 
        duties specified in this section;
            ``(19) develop standard operating procedures for a 
        workforce tracking system within the U.S. Border Patrol, Air 
        and Marine Operations, and the Office of Field Operations, 
        train the workforce of each of such entities on the use, 
        capabilities, and purpose of such system, and implement 
        internal controls to ensure timely and accurate scheduling and 
        reporting of actual completed work hours and activities;''.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act with respect to subsection (a) and paragraphs 
(18) and (19) of section 411(c) of the Homeland Security Act of 2002 
(as amended by subsection (b)), and annually thereafter with respect to 
such paragraphs (18) and (19), the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a status update on the implementation of such 
subsection (a) and such paragraphs (18) and (19), and status updates on 
such paragraphs (18) and (19), as well as all relevant workload 
staffing models. Such status updates shall include information on data 
sources and methodology used to generate such staffing models.
    (d) Inspector General Review.--Not later than 120 days after the 
Commissioner of U.S. Customs and Border Protection develops a workload 
staffing model pursuant to subsection (a), the Inspector General of the 
Department of Homeland Security shall review such model and provide 
feedback to the Secretary of Homeland Security and the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate regarding the 
degree to which such model is responsive to Inspector General 
recommendations, including recommendations from the Inspector General's 
February 2019 audit, and as appropriate, any further recommendations to 
improve such model.

SEC. 403. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment 
              authorities
    ``(a) Definitions.--In this section--
            ``(1) the term `CBP employee' means an employee of U.S. 
        Customs and Border Protection;
            ``(2) the term `Commissioner' means the Commissioner of 
        U.S. Customs and Border Protection;
            ``(3) the term `Director' means the Director of the Office 
        of Personnel Management;
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security; and
            ``(5) the term `appropriate congressional committees' means 
        the Committee on Oversight and Reform, the Committee on 
        Homeland Security, and the Committee on Ways and Means of the 
        House of Representatives, and the Committee on Homeland 
        Security and Governmental Affairs and the Committee on Finance 
        of the Senate.
    ``(b) Direct Hire Authority; Recruitment and Relocation Bonuses; 
Retention Bonuses.--
            ``(1) Direct hire authority.--The Secretary may appoint, 
        without regard to sections 3309 through 3319, candidates to 
        positions in the competitive service within U.S. Customs and 
        Border Protection if the Secretary has given public notice of 
        such positions before making any such appointment.
            ``(2) Recruitment and relocation bonuses.--The Secretary 
        may pay a recruitment or relocation bonus of up to 50 percent 
        of the annual rate of basic pay to an individual CBP employee 
        as of the first day of the applicable service period (as 
        prescribed by a written service agreement described in 
        subparagraph (B)) multiplied by the number of years (including 
        a fractional part of a year) in the service period if--
                    ``(A) the Secretary determines that conditions 
                consistent with the conditions described in paragraphs 
                (1) and (2) of subsection (b) of section 5753 are 
                satisfied with respect to the individual (without 
                regard to the regulations referenced in subsection 
                (b)(2)(B)(ii)(I)); and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination thereof);
                                    ``(II) the amount of the bonus; and
                                    ``(III) other terms and conditions 
                                under which the bonus is payable, 
                                subject to the requirements of this 
                                subsection, including--
                                            ``(aa) the conditions under 
                                        which the agreement may be 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination described in item 
                                        (aa).
            ``(3) Retention bonuses.--The Secretary may pay a retention 
        bonus of up to 50 percent of the annual rate of basic pay to an 
        individual CBP employee if--
                    ``(A) the Secretary determines that--
                            ``(i) a condition consistent with the 
                        condition described in subsection (b)(1) of 
                        section 5754 is satisfied with respect to the 
                        CBP employee; and
                            ``(ii) in the absence of a retention bonus, 
                        the CBP employee would be likely to leave--
                                    ``(I) the Federal service; or
                                    ``(II) for a different position in 
                                the Federal service, including a 
                                position in another agency or component 
                                of the Department of Homeland Security; 
                                and
                    ``(B) the CBP employee enters into a written 
                service agreement with the Secretary--
                            ``(i) under which the employee is required 
                        to complete a period of employment as a CBP 
                        employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination thereof);
                                    ``(II) the amount of the bonus; and
                                    ``(III) other terms and conditions 
                                under which the bonus is payable, 
                                subject to the requirements of this 
                                subsection, including--
                                            ``(aa) the conditions under 
                                        which the agreement may be 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination described in item 
                                        (aa).
            ``(4) Rules for bonuses.--
                    ``(A) Maximum bonus limitations.--
                            ``(i) Under paragraph (2).--A CBP employee 
                        may not receive a total amount of bonuses under 
                        paragraph (2) in excess of 100 percent of the 
                        annual rate of basic pay of the employee as of 
                        the first day of the applicable service period.
                            ``(ii) Under paragraph (3).--A bonus paid 
                        to any CBP employee under paragraph (3) may not 
                        exceed 50 percent of the annual rate of basic 
                        pay of the employee.
                    ``(B) Relationship to basic pay.--A bonus paid 
                under paragraph (2) or (3) shall not be considered part 
                of the basic pay of the CBP employee for any purpose, 
                including for retirement or in computing a lump-sum 
                payment to the covered employee for accumulated and 
                accrued annual leave under section 5551 or section 
                5552.
                    ``(C) Period of service for recruitment, 
                relocation, and retention bonuses.--
                            ``(i) Restriction.--A bonus paid under 
                        paragraph (3) may not be based on any period of 
                        such service which is the basis for a 
                        recruitment or relocation bonus under paragraph 
                        (2).
                            ``(ii) Further restriction.--A bonus paid 
                        under paragraph (2) or (3) may not be based on 
                        any period of service which is the basis for a 
                        recruitment or relocation bonus under section 
                        5753 or a retention bonus under section 5754.
                    ``(D) Limitations.--No bonus may be paid--
                            ``(i) under paragraph (2) to any individual 
                        described in section 5753(a)(2); or
                            ``(ii) under paragraph (3) to any 
                        individual described in section 5754(a)(2).
    ``(c) Special Rates of Pay.--In addition to the circumstances 
described in subsection (b) of section 5305, the Director of the Office 
of Personnel Management may establish special rates of pay in 
accordance with that section to assist the Secretary in meeting 
staffing levels as described in section 401. The Director shall 
prioritize the consideration of requests from the Secretary for such 
special rates of pay and issue a decision as soon as practicable. The 
Secretary shall provide such information to the Director as the 
Director deems necessary to evaluate special rates of pay under this 
subsection.
    ``(d) OPM Oversight.--
            ``(1) In general.--Not later than September 30 of each year 
        that the authorities under subsections (b) and (c) are in 
        effect, the Secretary shall provide a report to the Director on 
        U.S. Customs and Border Protection's use of such authorities. 
        In each report, the Secretary shall provide such information as 
        the Director determines is appropriate to ensure appropriate 
        use of authorities under such subsections. Each report shall 
        also include an assessment of--
                    ``(A) the impact of the use of authorities under 
                subsections (b) and (c) on implementation of meeting 
                staffing levels as described in section 401;
                    ``(B) whether the authorities solved hiring and 
                retention challenges at the agency, including at 
                specific locations;
                    ``(C) whether hiring and retention challenges still 
                exist at the agency or specific locations; and
                    ``(D) whether the Secretary needs to continue to 
                use authorities provided under this section at the 
                agency or at specific locations.
            ``(2) Consideration.--In compiling a report under paragraph 
        (1), the Secretary shall consider--
                    ``(A) whether any CBP employee accepted an 
                employment incentive under subsections (b) and (c) and 
                then transferred to a new location or left U.S. Customs 
                and Border Protection; and
                    ``(B) the length of time that each employee 
                identified under subparagraph (A) stayed at the 
                original location before transferring to a new location 
                or leaving U.S. Customs and Border Protection.
            ``(3) Submission to congress.--In addition to the Director, 
        the Secretary shall submit each report required under this 
        subsection to the appropriate congressional committees.
    ``(e) OPM Action.--
            ``(1) Notification.--If the Director determines the 
        Secretary has inappropriately used authorities under subsection 
        (b) or (c), the Director shall notify the Secretary and the 
        appropriate congressional committees in writing.
            ``(2) Prohibition.--Upon receipt of a notification under 
        paragraph (1), the Secretary may not make any new appointment 
        or issue any new bonus under subsection (b), or provide any CBP 
        employee with further special rates of pay, until the Director 
        has provided the Secretary and the appropriate congressional 
        committees a written notice stating the Director is satisfied 
        safeguards are in place to prevent further inappropriate use.
            ``(3) Application.--The prohibition under paragraph (2) 
        shall not apply to any bonus under subsection (b) due to a CBP 
        employee pursuant to a written service agreement entered into 
        before the date of receipt of a notification under such 
        paragraph.
    ``(f) Improving CBP Hiring and Retention.--
            ``(1) Training of cbp hiring officials.--Not later than 180 
        days after the date of the enactment of this section, and in 
        conjunction with the Chief Human Capital Officer of the 
        Department of Homeland Security, the Secretary shall develop 
        and implement a strategy to improve the training regarding 
        hiring and human resources flexibilities (including hiring and 
        human resources flexibilities for locations in rural or remote 
        areas) for all employees, serving in agency headquarters or 
        field offices, who are involved in the recruitment, hiring, 
        assessment, or selection of candidates for locations in a rural 
        or remote area, as well as the retention of current employees.
            ``(2) Elements.--Elements of the strategy under paragraph 
        (1) shall include the following:
                    ``(A) Developing or updating training and 
                educational materials on hiring and human resources 
                flexibilities for employees who are involved in the 
                recruitment, hiring, assessment, or selection of 
                candidates, as well as the retention of current 
                employees.
                    ``(B) Regular training sessions for personnel who 
                are critical to filling open positions in rural or 
                remote areas.
                    ``(C) The development of pilot programs or other 
                programs, as appropriate, consistent with authorities 
                provided to the Secretary to address identified hiring 
                challenges, including in rural or remote areas.
                    ``(D) Developing and enhancing strategic recruiting 
                efforts through the relationships with institutions of 
                higher education, as defined in section 102 of the 
                Higher Education Act of 1965 (20 U.S.C. 1002), veterans 
                transition and employment centers, and job placement 
                program in regions that could assist in filling 
                positions in rural or remote areas.
                    ``(E) Examination of existing agency programs on 
                how to most effectively aid spouses and families of 
                individuals who are candidates or new hires in a rural 
                or remote area.
                    ``(F) Feedback from individuals who are candidates 
                or new hires at locations in a rural or remote area, 
                including feedback on the quality of life in rural or 
                remote areas for new hires and their families.
                    ``(G) Feedback from CBP employees, other than new 
                hires, who are stationed at locations in a rural or 
                remote area, including feedback on the quality of life 
                in rural or remote areas for those CBP employees and 
                their families.
                    ``(H) Feedback in the form of an exit interview 
                from CBP employees who have decided to voluntarily 
                leave the agency.
                    ``(I) Evaluation of Department of Homeland Security 
                internship programs and the usefulness of those 
                programs in improving hiring by the Secretary in rural 
                or remote areas.
            ``(3) Evaluation.--
                    ``(A) In general.--Not later than one year after 
                developing and implementing the strategy under 
                paragraph (1) and each of the four years thereafter, 
                the Secretary shall--
                            ``(i) evaluate the extent to which the 
                        strategy developed and implemented under such 
                        paragraph has improved the hiring and retention 
                        ability of the Secretary; and
                            ``(ii) make any appropriate updates to the 
                        strategy under such paragraph.
                    ``(B) Information.--The evaluation conducted under 
                subparagraph (A) shall include the following:
                            ``(i) Any reduction in the time taken by 
                        the Secretary to fill mission-critical 
                        positions, including in rural or remote areas.
                            ``(ii) A general assessment of the impact 
                        of the strategy implemented under paragraph (1) 
                        on hiring challenges, including in rural or 
                        remote areas.
                            ``(iii) Other information the Secretary 
                        determines relevant.
    ``(g) Inspector General Review.--Not later than two years after the 
date of the enactment of this section, the Inspector General of the 
Department of Homeland Security shall review the use of hiring and pay 
flexibilities under subsections (b) and (c) to determine whether the 
use of such flexibilities is helping the Secretary meet hiring and 
retention needs, including in rural and remote areas.
    ``(h) Report on Polygraph Requests.--The Secretary shall report to 
the appropriate congressional committees on the number of requests the 
Secretary receives from any other Federal agency for the file of an 
applicant for a position in U.S. Customs and Border Protection that 
includes the results of a polygraph examination.
    ``(i) Exercise of Authority.--
            ``(1) Sole discretion.--The exercise of authority under 
        subsection (b) shall be subject to the sole and exclusive 
        discretion of the Secretary (or the Commissioner of U.S. 
        Customs and Border Protection, as applicable under paragraph 
        (2) of this subsection), notwithstanding chapter 71 and any 
        collective bargaining agreement.
            ``(2) Delegation.--The Secretary may delegate any authority 
        under this section to the Commissioner.
    ``(j) Rule of Construction.--Nothing in this section may be 
construed to exempt the Secretary or the Director from applicability of 
the merit system principles under section 2301.
    ``(k) Sunset.--The authorities under subsections (b) and (c) shall 
terminate on September 30, 2024. Any bonus to be paid pursuant to 
subsection (b) that is approved before such date may continue until 
such bonus has been paid, subject to the conditions specified in this 
section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 97 of title 5, United States Code, is amended by adding at the 
end the following new item:

``9702. U.S. Customs and Border Protection temporary employment 
                            authorities.''.

SEC. 404. STUDY ON EFFICACY OF CERTAIN PERSONNEL SCREENING METHODS FOR 
              U.S. CUSTOMS AND BORDER PROTECTION USE.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall enter 
into an agreement with the National Academy of Sciences to conduct a 
study on the efficacy of certain personnel screening methods for U.S. 
Customs and Border Protection use. Such study shall include the 
following:
            (1) A review of the appropriateness of the use of polygraph 
        examinations in determining candidate suitability during the 
        U.S. Customs and Border Protection hiring process.
            (2) A cost-benefit analysis of using polygraph examinations 
        for candidate suitability during the U.S. Customs and Border 
        Protection hiring process.
            (3) A review of research related to alternatives to 
        polygraph examinations appropriate for use during the U.S. 
        Customs and Border Protection hiring process.
    (b) Matters Included.--The study required under subsection (a) 
shall--
            (1) assess prior scientific, academic, and government 
        literature on the topics described in such subsection;
            (2) identify and examine assumptions about polygraph 
        examinations that underlie the polygraph mandate under the 
        Anti-Border Corruption Act of 2010 (Public Law 111-376); and
            (3) provide specific recommendations related to--
                    (A) the future use of such polygraph examinations, 
                including a consideration of whether such polygraph 
                mandate aligns with current scientific evidence and 
                offers a reliable indication of future susceptibility 
                to corruption; and
                    (B) the appropriate alternative mechanisms or 
                technology, including private sector tools, that could 
                be used during the U.S. Customs and Border Protection 
                hiring process to pre-screen for susceptibility to 
                corruption; and
            (4) provide any other recommendations the Secretary of 
        Homeland Secretary determines relevant.
    (c) Submission.--Not later than one year after the date of the 
enactment of this Act, the Secretary of the Homeland Security shall 
submit to the appropriate congressional committees the study required 
under subsection (a).
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
            (2) Polygraph examinations.--The term ``polygraph 
        examinations'' means polygraph examinations conducted in 
        accordance with section 3(1) of the Anti-Border Corruption Act 
        of 2010.

SEC. 405. HIRING FLEXIBILITY.

    Section 3 of the Anti-Border Corruption Act of 2010 (Public Law 
111-376; 6 U.S.C. 221) is amended by striking subsection (b) and 
inserting the following new subsections:
    ``(b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection (a)(1) in the 
following circumstances:
            ``(1) In the case of a current, full-time law enforcement 
        officer employed by a State or local law enforcement agency, if 
        such officer--
                    ``(A) has served as a law enforcement officer for 
                not fewer than three years with no break in service;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) has, within the past ten years, successfully 
                completed a polygraph examination, described in 
                subsection (c), as a condition of employment with such 
                officer's current law enforcement agency.
            ``(2) In the case of a current, full-time law enforcement 
        officer employed by a Federal law enforcement agency, if such 
        officer--
                    ``(A) has served as a law enforcement officer for 
                not fewer than three years with no break in service;
                    ``(B) has authority to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current background investigation to 
                the level required for service as a law enforcement 
                officer with U.S. Customs and Border Protection.
            ``(3) In the case of an individual who is a member of the 
        Armed Forces (or a reserve component thereof) or a veteran, if 
        such individual--
                    ``(A) has served in the Armed Forces for not fewer 
                than three years;
                    ``(B) holds, or has held within the past five 
                years, a Secret, Top Secret, or Top Secret/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds or has undergone and passed a 
                background investigation to the level required for 
                service as a law enforcement officer with U.S. Customs 
                and Border Protection;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces 
                and has not engaged in criminal activity or committed a 
                serious military or civil offense under the Uniform 
                Code of Military Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to subparagraph (B).
    ``(c) Certain Polygraph Examination.--A polygraph examination 
described in this subsection is a polygraph examination that satisfies 
requirements established by the Secretary of Homeland Security, in 
consultation with the Director of National Intelligence.
    ``(d) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate on the date that is five 
years after the date of the enactment of the Anti-Border Corruption 
Reauthorization Act of 2019.''.

SEC. 406. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS.

    (a) Supplemental Commissioner Authority.--Section 4 of the Anti-
Border Corruption Act of 2010 (Public Law 111-376) is amended to read 
as follows:

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Non-Exemption.--An individual who receives a waiver under 
subsection (b) of section 3 shall not be exempt from other hiring 
requirements relating to suitability for employment and eligibility to 
hold a national security designated position, as determined by the 
Commissioner of U.S. Customs and Border Protection.
    ``(b) Background Investigations.--Any individual who receives a 
waiver under subsection (b) of section 3 who holds a current background 
investigation may be subject to further background investigation to the 
level required for service as a law enforcement officer with U.S. 
Customs and Border Protection.
    ``(c) Continuous Evaluation.--Any individual who receives a waiver 
under subsection (b) of section 3 shall not be exempt from any 
requirement relating to continuous evaluation established by the 
Commissioner of U.S. Customs and Border Protection.
    ``(d) Administration of Polygraph Examination.--The Commissioner of 
U.S. Customs and Border Protection is authorized to administer a 
polygraph examination to an applicant or employee who is eligible for 
or receives a waiver under subsection (b) of section 3 if information 
is discovered prior to the completion of a background investigation 
that results in a determination that a polygraph examination is 
necessary to make a final determination regarding suitability for 
employment or continued employment, as the case may be.''.
    (b) Report.--The Anti-Border Corruption Act of 2010 is amended by 
adding at the end the following new section:

``SEC. 5. REPORTING.

    ``Not later than one year after the date of the enactment of this 
section and every year for the next four years thereafter, the 
Commissioner of U.S. Customs and Border Protection shall provide 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 number, disaggregated with respect to each of 
paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers 
requested, granted, and denied, and the reasons for any such denial, 
and the final outcome of the application for employment at issue. Such 
information shall also include the number of instances a polygraph 
examination was administered under the conditions described in 
subsection (d) of section 4, the result of such examination, and the 
final outcome of the application for employment at issue.''.
    (c) Definitions.--The Anti-Border Corruption Act of 2010, as 
amended by subsection (b) of this section, is further amended by adding 
at the end the following new section:

``SEC. 6. DEFINITIONS.

    ``In this Act:
            ``(1) Law enforcement officer.--The term `law enforcement 
        officer' has the meaning given such term in sections 8331(20) 
        and 8401(17) of title 5, United States Code.
            ``(2) Veteran.--The term `veteran' has the meaning given 
        such term in section 101(2) of title 38, United States Code.
            ``(3) Serious military or civil offense.--The term `serious 
        military or civil offense' means an offense for which--
                    ``(A) a member of the Armed Forces may be 
                discharged or separated from service in the Armed 
                Forces; and
                    ``(B) a punitive discharge is, or would be, 
                authorized for the same or a closely related offense 
                under the Manual for Court-Martial, as pursuant to Army 
                Regulation 635-200 chapter 14-12.''.

SEC. 407. TECHNICAL AND CONFORMING AMENDMENT.

    Paragraph (15) of section 411(c) of the Homeland Security Act of 
2002 (6 U.S.C. 211(c)) is amended by striking ``section 3(1)'' and 
inserting ``section 3''.

SEC. 408. PORTS OF ENTRY INFRASTRUCTURE.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Administrator of General Services may, 
        subject to section 3307 of title 40, United States Code, 
        construct new ports of entry along the northern border and 
        southern border at locations determined by the Secretary of 
        Homeland Security.
            (2) Consultation.--
                    (A) Requirement to consult.--The Secretary of 
                Homeland Security and the Administrator of General 
                Services shall consult with the Secretary of State, the 
                Secretary of the Interior, the Secretary of 
                Agriculture, the Secretary of Transportation, and 
                appropriate representatives of State and local 
                governments, Tribes, and property owners in the United 
                States prior to determining a location for any new port 
                of entry constructed pursuant to paragraph (1).
                    (B) Considerations.--The purpose of the 
                consultations required by subparagraph (A) shall be to 
                minimize any negative impacts of constructing a new 
                port of entry on the environment, culture, commerce, 
                and quality of life of the communities and residents 
                located near such new port.
    (b) Expansion and Modernization of High-Priority Southern Border 
Ports of Entry.--Not later than September 30, 2025, the Administrator 
of General Services, subject to section 3307 of title 40, United States 
Code, and in coordination with the Secretary of Homeland Security, 
shall expand or modernize high-priority ports of entry on the southern 
border, as determined by the Secretary and identified in section 430, 
for the purposes of reducing wait times and enhancing security.
    (c) Port of Entry Prioritization.--Prior to constructing any new 
ports of entry pursuant to subsection (a), the Administrator of General 
Services shall complete the expansion and modernization of ports of 
entry pursuant to subsection (b) to the extent practicable.
    (d) Notifications.--
            (1) Relating to new ports of entry.--Not later than 15 days 
        after determining the location of any new port of entry for 
        construction pursuant to subsection (a), the Secretary of 
        Homeland Security and the Administrator of General Services 
        shall jointly notify the Members of Congress who represent the 
        State or congressional district in which such new port of entry 
        will be located, as well as the Committee on Homeland Security 
        and Governmental Affairs, the Committee on Finance, the 
        Committee on Commerce, Science, and Transportation, and the 
        Committee on the Judiciary of the Senate, and the Committee on 
        Homeland Security, the Committee on Ways and Means, the 
        Committee on Transportation and Infrastructure, and the 
        Committee on the Judiciary of the House of Representatives. 
        Such notification shall include information relating to the 
        location of such new port of entry, a description of the need 
        for such new port of entry and associated anticipated benefits, 
        a description of the consultations undertaken by the Secretary 
        and the Administrator pursuant to paragraph (2) of such 
        subsection, any actions that will be taken to minimize negative 
        impacts of such new port of entry, and the anticipated time-
        line for construction and completion of such new port of entry.
            (2) Relating to expansion and modernization of ports of 
        entry.--Not later than 180 days after enactment of this Act, 
        the Secretary of Homeland Security and the Administrator of 
        General Services shall jointly notify the Committee on Homeland 
        Security and Governmental Affairs, the Committee on Finance, 
        the Committee on Commerce, Science, and Transportation, and the 
        Committee on the Judiciary of the Senate, and the Committee on 
        Homeland Security, the Committee on Ways and Means, the 
        Committee on Transportation and Infrastructure, and the 
        Committee on the Judiciary of the House of Representatives of 
        the ports of entry on the southern border that are the subject 
        of expansion or modernization pursuant to subsection (b) and 
        the Secretary's and Administrator's plan for expanding or 
        modernizing each such port of entry.
    (e) Savings Provision.--Nothing in this section may be construed 
to--
            (1) create or negate any right of action for a State, local 
        government, or other person or entity affected by this section;
            (2) delay the transfer of the possession of property to the 
        United States or affect the validity of any property 
        acquisitions by purchase or eminent domain, or to otherwise 
        affect the eminent domain laws of the United States or of any 
        State; or
            (3) create any right or liability for any party.
    (f) Rule of Construction.--Nothing in this section may be construed 
as providing the Secretary of Homeland Security new authority related 
to the construction, acquisition, or renovation of real property.

SEC. 409. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.

    (a) Secure Communications.--The Commissioner of U.S. Customs and 
Border Protection shall ensure that each U.S. Customs and Border 
Protection officer or agent, if appropriate, is equipped with a secure 
radio or other two-way communication device, supported by system 
interoperability, that allows each such officer to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, Tribal, and local law 
        enforcement entities.
    (b) Border Security Deployment Program.--
            (1) Expansion.--Not later than September 30, 2023, the 
        Commissioner of U.S. Customs and Border Protection shall fully 
        implement the Border Security Deployment Program of U.S. 
        Customs and Border Protection and expand the integrated 
        surveillance and intrusion detection system at land ports of 
        entry along the southern border and the northern border.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $33,000,000 for 
        fiscal years 2021 and 2022 to carry out paragraph (1).
    (c) Upgrade of License Plate Readers at Ports of Entry.--
            (1) Upgrade.--Not later than two years after the date of 
        the enactment of this Act, the Commissioner of U.S. Customs and 
        Border Protection shall upgrade all existing license plate 
        readers in need of upgrade, as determined by the Commissioner, 
        on the northern and southern borders on incoming and outgoing 
        vehicle lanes.
            (2) Authorization of appropriations.--In addition to 
        amounts otherwise authorized to be appropriated for such 
        purpose, there is authorized to be appropriated $125,000,000 
        for fiscal years 2021 through 2022 to carry out paragraph (1).
    (d) Biometric Entry-Exit.--
            (1) In general.--Subtitle B of title IV of the Homeland 
        Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
        adding at the end the following new section:

``SEC. 420. BIOMETRIC ENTRY-EXIT.

    ``(a) Establishment.--The Secretary shall--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, submit to the Committee on Homeland 
        Security and the Committee on the Judiciary of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on the Judiciary of the 
        Senate an implementation plan to establish a biometric exit 
        data system to complete the integrated biometric entry and exit 
        data system required under section 7208 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
        including--
                    ``(A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance costs of such 
                a system, that takes into account prior reports on such 
                matters issued by the Government Accountability Office 
                and the Department;
                    ``(B) cost-effective staffing and personnel 
                requirements of such a system that leverages existing 
                resources of the Department that takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department;
                    ``(C) a consideration of training programs 
                necessary to establish such a system that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department;
                    ``(D) a consideration of how such a system will 
                affect arrival and departure wait times that takes into 
                account prior reports on such matter issued by the 
                Government Accountability Office and the Department;
                    ``(E) a consideration of audit capability for 
                systems procured in partnership with the private sector 
                to achieve biometric exit;
                    ``(F) information received after consultation with 
                private sector stakeholders, including the--
                            ``(i) trucking industry;
                            ``(ii) airport industry;
                            ``(iii) airline industry;
                            ``(iv) seaport industry;
                            ``(v) travel industry; and
                            ``(vi) biometric technology industry;
                    ``(G) a consideration of how trusted traveler 
                programs in existence as of the date of the enactment 
                of this section may be impacted by, or incorporated 
                into, such a system;
                    ``(H) defined metrics of success and milestones;
                    ``(I) identified risks and mitigation strategies to 
                address such risks;
                    ``(J) a consideration of how other countries have 
                implemented a biometric exit data system;
                    ``(K) a consideration of stakeholder privacy 
                concerns; and
                    ``(L) a list of statutory, regulatory, or 
                administrative authorities, if any, needed to integrate 
                such a system into the operations of the Transportation 
                Security Administration; and
            ``(2) not later than two years after the date of the 
        enactment of this section, establish a biometric exit data 
        system at the--
                    ``(A) 15 United States airports that support the 
                highest volume of international air travel, as 
                determined by available Federal flight data;
                    ``(B) 10 United States seaports that support the 
                highest volume of international sea travel, as 
                determined by available Federal travel data; and
                    ``(C) 15 United States land ports of entry that 
                support the highest volume of vehicle, pedestrian, and 
                cargo crossings, as determined by available Federal 
                border crossing data.
    ``(b) Implementation.--
            ``(1) Pilot program at land ports of entry.--Not later than 
        six months after the date of the enactment of this section, the 
        Secretary, in collaboration with industry stakeholders, shall 
        establish a six-month pilot program to test the biometric exit 
        data system referred to in subsection (a)(2) on non-pedestrian 
        outbound traffic at not fewer than three land ports of entry 
        with significant cross-border traffic, including at not fewer 
        than two land ports of entry on the southern land border and at 
        least one land port of entry on the northern land border. Such 
        pilot program may include a consideration of more than one 
        biometric mode, and shall be implemented to determine the 
        following:
                    ``(A) How a nationwide implementation of such 
                biometric exit data system at land ports of entry shall 
                be carried out.
                    ``(B) The infrastructure required to carry out 
                subparagraph (A).
                    ``(C) The effects of such pilot program on 
                legitimate travel and trade.
                    ``(D) The effects of such pilot program on wait 
                times, including processing times, for such non-
                pedestrian traffic.
                    ``(E) The effects of such pilot program on 
                combating terrorism.
                    ``(F) The effects of such pilot program on 
                identifying visa holders who violate the terms of their 
                visas.
            ``(2) At land ports of entry.--
                    ``(A) In general.--Not later than five years after 
                the date of the enactment of this section, the 
                Secretary shall expand the biometric exit data system 
                referred to in subsection (a)(2) to all land ports of 
                entry.
                    ``(B) Extension.--The Secretary may extend for a 
                single two-year period the date specified in 
                subparagraph (A) if the Secretary certifies to the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on the Judiciary of the Senate and 
                the Committee on Homeland Security and the Committee on 
                the Judiciary of the House of Representatives that the 
                15 land ports of entry that support the highest volume 
                of passenger vehicles, as determined by available 
                Federal data, do not have the physical infrastructure 
                or characteristics to install the systems necessary to 
                implement a biometric exit data system. Such extension 
                shall apply only in the case of non-pedestrian outbound 
                traffic at such land ports of entry.
            ``(3) At air and sea ports of entry.--Not later than five 
        years after the date of the enactment of this section, the 
        Secretary shall expand the biometric exit data system referred 
        to in subsection (a)(2) to all air and sea ports of entry.
    ``(c) Effects on Air, Sea, and Land Transportation.--The Secretary, 
in consultation with appropriate private sector stakeholders, shall 
ensure that the collection of biometric data under this section causes 
the least possible disruption to the movement of people or cargo in 
air, sea, or land transportation, while fulfilling the goals of 
improving counterterrorism efforts and identifying visa holders who 
violate the terms of their visas.
    ``(d) Termination of Proceeding.--Notwithstanding any other 
provision of law, the Secretary shall, on the date of the enactment of 
this section, terminate the proceeding entitled `Collection of Alien 
Biometric Data Upon Exit From the United States at Air and Sea Ports of 
Departure; United States Visitor and Immigrant Status Indicator 
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed. 
Reg. 22065).
    ``(e) Data-Matching.--The biometric exit data system established 
under this section shall--
            ``(1) match biometric information for an individual, 
        regardless of nationality, citizenship, or immigration status, 
        who is departing the United States against biometric data 
        previously provided to the United States Government by such 
        individual for the purposes of international travel;
            ``(2) leverage the infrastructure and databases of the 
        current biometric entry and exit system established pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
        described in paragraph (1); and
            ``(3) be interoperable with, and allow matching against, 
        other Federal databases that--
                    ``(A) store biometrics of known or suspected 
                terrorists; and
                    ``(B) identify visa holders who violate the terms 
                of their visas.
    ``(f) Scope.--
            ``(1) In general.--The biometric exit data system 
        established under this section shall include a requirement for 
        the collection of biometric exit data at the time of departure 
        for all categories of individuals who are required by the 
        Secretary to provide biometric entry data.
            ``(2) Exception for certain other individuals.--This 
        section shall not apply in the case of an individual who exits 
        and then enters the United States on a passenger vessel (as 
        such term is defined in section 2101 of title 46, United States 
        Code) the itinerary of which originates and terminates in the 
        United States.
            ``(3) Exception for land ports of entry.--This section 
        shall not apply in the case of a United States or Canadian 
        citizen who exits the United States through a land port of 
        entry.
    ``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of 
collecting or administering the biometric exit data system established 
under this section, except through a mutual agreement.
    ``(h) Multi-Modal Collection.--In carrying out subsections (a)(1) 
and (b), the Secretary shall make every effort to collect biometric 
data using multiple modes of biometrics.
    ``(i) Facilities.--All facilities at which the biometric exit data 
system established under this section is implemented shall provide and 
maintain space for Federal use that is adequate to support biometric 
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained 
at no cost to the Government. For all facilities at land ports of 
entry, such space requirements shall be coordinated with the 
Administrator of General Services.
    ``(j) Northern Land Border.--In the case of the northern land 
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and 
(b)(4) may be achieved through the sharing of biometric data provided 
to the Department by the Canadian Border Services Agency pursuant to 
the 2011 Beyond the Border agreement.
    ``(k) Full and Open Competition.--The Secretary shall procure goods 
and services to implement this section through full and open 
competition in accordance with the Federal Acquisition Regulations.
    ``(l) Other Biometric Initiatives.--Nothing in this section may be 
construed as limiting the authority of the Secretary to collect 
biometric information in circumstances other than as specified in this 
section.
    ``(m) Congressional Review.--Not later than 90 days after the date 
of the enactment of this section, the Secretary shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on the Judiciary of the Senate, the Committee on Homeland 
Security of the House of Representatives, and the Committee on the 
Judiciary of the House of Representatives reports and recommendations 
regarding the Science and Technology Directorate's Air Entry and Exit 
Re-Engineering Program of the Department and the U.S. Customs and 
Border Protection entry and exit mobility program demonstrations.
    ``(n) Savings Clause.--Nothing in this section may prohibit the 
collection of user fees permitted by section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $50,000,000 for each of fiscal years 2021 
        and 2022 to carry out section 420 of the Homeland Security Act 
        of 2002, as added by this subsection.
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 419 the following new item:

``Sec. 420. Biometric entry-exit.''.

SEC. 410. PHYSICAL BARRIERS ALONG THE SOUTHWEST BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational control of the 
border and deter, impede, and detect illegal activity.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``Physical Barriers'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subsection (a)'' 
                                and inserting ``this section'';
                                    (II) by striking ``roads, lighting, 
                                cameras, and sensors'' and inserting 
                                ``tactical infrastructure, and 
                                technology''; and
                                    (III) by striking ``gain'' 
                                inserting ``achieve situational 
                                awareness and'';
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Physical barriers and tactical 
                infrastructure.--
                            ``(i) In general.--Not later than September 
                        30, 2023, the Secretary of Homeland Security, 
                        in carrying out this section, shall deploy 
                        along the United States border the most 
                        practical and effective physical barriers and 
                        tactical infrastructure available for achieving 
                        situational awareness and operational control 
                        of the border.
                            ``(ii) Consideration for certain physical 
                        barriers and tactical infrastructure.--The 
                        deployment of physical barriers and tactical 
                        infrastructure under this subparagraph shall 
                        not apply in any area or region along the 
                        border where natural terrain features, natural 
                        barriers, or the remoteness of such area or 
                        region would make any such deployment 
                        ineffective, as determined by the Secretary, 
                        for the purposes of achieving situational 
                        awareness or operational control of such area 
                        or region.'';
                            (iii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, 
                        appropriate representatives of Federal, State, 
                        local, and tribal governments, and appropriate 
                        private property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life for the 
                        communities and residents located near the 
                        sites at which such physical barriers are to be 
                        constructed.''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I), by 
                                        striking ``or'' after the 
                                        semicolon at the end;
                                            (bb) by amending subclause 
                                        (II) to read as follows:
                                    ``(II) delay the transfer of the 
                                possession of property to the United 
                                States or affect the validity of any 
                                property acquisition by purchase or 
                                eminent domain, or to otherwise affect 
                                the eminent domain laws of the United 
                                States or of any State; or''; and
                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(III) create any right or 
                                liability for any party.''; and
                            (iv) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, constructing, 
        and deploying physical barriers, tactical infrastructure, or 
        technology, shall incorporate such safety features into such 
        design, construction, or deployment of such physical barriers, 
        tactical infrastructure, or technology, as the case may be, 
        that the Secretary determines, in the Secretary's sole 
        discretion, are necessary to maximize the safety and 
        effectiveness of officers or agents of the Department of 
        Homeland Security or of any other Federal agency deployed in 
        the vicinity of such physical barriers, tactical 
        infrastructure, or technology.''; and
                    (E) in paragraph (4), by striking ``this 
                subsection'' and inserting ``this section'';
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive all legal requirements the Secretary, in the 
        Secretary's sole discretion, determines necessary to ensure the 
        expeditious design, testing, construction, installation, 
        deployment, integration, and operation of the physical 
        barriers, tactical infrastructure, and technology under this 
        section. Such waiver authority shall also apply with respect to 
        any maintenance carried out on such physical barriers, tactical 
        infrastructure, or technology. Any such decision by the 
        Secretary shall be effective upon publication in the Federal 
        Register.''; and
            (4) by adding after subsection (d) the following new 
        subsections:
    ``(e) Technology.--Not later than September 30, 2023, the Secretary 
of Homeland Security, in carrying out this section, shall deploy along 
the United States border the most practical and effective technology 
available for achieving situational awareness and operational control 
of the border.
    ``(f) Definitions.--In this section:
            ``(1) Operational control.--The term `operational control' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            ``(2) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, border wall system, and levee 
        walls.
            ``(3) Situational awareness.--The term `situational 
        awareness' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
            ``(4) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(5) Technology.--The term `technology' includes border 
        surveillance and detection technology, including the following:
                    ``(A) Tower-based surveillance technology.
                    ``(B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    ``(C) Vehicle and Dismount Exploitation Radars 
                (VADER).
                    ``(D) border tunnel detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aerial vehicles.
                    ``(H) Other border detection, communications, and 
                surveillance technology.
            ``(6) Unmanned aerial vehicles.--The term `unmanned aerial 
        vehicle' has the meaning given the term `unmanned aircraft' in 
        section 44801 of the FAA Modernization and Reform Act of 2018 
        (Public Law 115-254; 49 U.S.C. 40101 note).''.

SEC. 411. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Increased Flight Hours.--The Secretary of Homeland Security 
shall ensure that not fewer than 95,000 annual flight hours are carried 
out by Air and Marine Operations of U.S. Customs and Border Protection.
    (b) Unmanned Aerial System.--The Secretary of Homeland Security, 
after coordination with the Administrator of the Federal Aviation 
Administration, shall ensure that Air and Marine Operations operate 
unmanned aerial systems on the southern border of the United States for 
not less than 24 hours per day for 5 days per week.
    (c) Contract Air Support Authorization.--The Commissioner of U.S. 
Customs and Border Protection may contract for the unfulfilled 
identified air support mission critical hours, as identified by the 
Chief of the U.S. Border Patrol.
    (d) Primary Mission.--The Commissioner of U.S. Customs and Border 
Protection shall ensure that--
            (1) the primary missions for Air and Marine Operations are 
        to directly support U.S. Border Patrol activities along the 
        southern border of the United States and Joint Interagency Task 
        Force South operations in the transit zone; and
            (2) the Executive Assistant Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        established by the Commissioner to carry out the requirements 
        under this Act.
    (e) High-Demand Flight Hour Requirements.--In accordance with 
subsection (d), the Commissioner of U.S. Customs and Border Protection 
shall ensure that U.S. Border Patrol Sector Chiefs--
            (1) identify critical flight hour requirements; and
            (2) direct Air and Marine Operations to support requests 
        from Sector Chiefs as their primary mission.
    (f) Small Unmanned Aerial Vehicles.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent for U.S. Customs and Border Protection's 
        use of small unmanned aerial vehicles for the purpose of 
        meeting the U.S. Border Patrol's unmet flight hour operational 
        requirements and to achieve situational awareness and 
        operational control.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall--
                    (A) coordinate flight operations with the 
                Administrator of the Federal Aviation Administration to 
                ensure the safe and efficient operation of the National 
                Airspace System; and
                    (B) coordinate with the Executive Assistant 
                Commissioner for Air and Marine Operations of U.S. 
                Customs and Border Protection to ensure the safety of 
                other U.S. Customs and Border Protection aircraft 
                flying in the vicinity of small unmanned aerial 
                vehicles operated by the U.S. Border Patrol.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) carry out the small unmanned aerial vehicle 
                requirements pursuant to section 410(f) of the DHS 
                Authorization Act of 2020; and''.
    (g) Saving Clause.--Nothing in this section shall confer, transfer, 
or delegate to the Secretary, the Commissioner, the Executive Assistant 
Commissioner for Air and Marine Operations of U.S. Customs and Border 
Protection, or the Chief of the U.S. Border Patrol any authority of the 
Secretary of Transportation or the Administrator of the Federal 
Aviation Administration relating to the use of airspace or aviation 
safety.

SEC. 412. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.

    (a) Duties.--Subsection (c) of section 411 of the Homeland Security 
Act of 2002 (6 U.S.C. 211), as amended by this title, is further 
amended--
            (1) in paragraph (20), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (21) as paragraph (23); and
            (3) by inserting after paragraph (20) the following new 
        paragraphs:
            ``(21) administer the U.S. Customs and Border Protection 
        public private partnerships under subtitle G;
            ``(22) administer preclearance operations under the 
        Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.; 
        enacted as subtitle B of title VIII of the Trade Facilitation 
        and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.); 
        and''.
    (b) Office of Field Operations Staffing.--Subparagraph (A) of 
section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C. 
211(g)(5)) is amended by inserting before the period at the end the 
following: ``compared to the number indicated by the current fiscal 
year work flow staffing model''.
    (c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of 
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1); 
enacted as subtitle B of title VIII of the Trade Facilitation and Trade 
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as 
follows:
                    ``(B) a port of entry vacancy rate which compares 
                the number of officers identified in subparagraph (A) 
                with the number of officers at the port at which such 
                officer is currently assigned.''.
    (d) Definition.--Subsection (r) of section 411 of the Homeland 
Security Act of 2002 (6 U.S.C. 211) is amended--
            (1) by striking ``this section, the terms'' and inserting 
        the following: ``this section:
            ``(1) the terms'';
            (2) in paragraph (1), as added by subparagraph (A), by 
        striking the period at the end and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(2) the term `unmanned aerial systems' has the meaning 
        given the term `unmanned aircraft system' in section 44801 of 
        the FAA Modernization and Reform Act of 2018 (Public Law 115-
        254; 49 U.S.C. 40101 note).''.

SEC. 413. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 420A. CONTINUOUS SCREENING.

    ``The Commissioner of U.S. Customs and Border Protection shall, in 
a risk based manner, continuously screen individuals issued any visa, 
and individuals who are nationals of a program country pursuant to 
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), who 
are present, or are expected to arrive within 30 days, in the United 
States, against the appropriate criminal, national security, and 
terrorism databases maintained by the Federal Government.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 420, as added by this title, the following new 
item:

``Sec. 420A. Continuous screening.''.

SEC. 414. CUSTOMS TRADE PARTNERSHIP AGAINST TERRORISM.

    (a) In General.--Subtitle B of title II of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.) is 
amended to read as follows:

       ``Subtitle B--Customs Trade Partnership Against Terrorism

``SEC. 211. ESTABLISHMENT OF THE CUSTOMS TRADE PARTNERSHIP AGAINST 
              TERRORISM PROGRAM.

    ``(a) In General.--There is established within U.S. Customs and 
Border Protection a voluntary government-private sector partnership 
program to be known as the Customs Trade Partnership Against Terrorism 
(CTPAT).
    ``(b) Purpose.--The purposes of the CTPAT program are to--
            ``(1) strengthen and improve the overall security of the 
        international supply chain and United States border security;
            ``(2) facilitate the movement of secure cargo through the 
        international supply chain;
            ``(3) ensure compliance with applicable law; and
            ``(4) serve as the Authorized Economic Operator program for 
        the United States.
    ``(c) Director.--There shall be at the head of the CTPAT program a 
Director, who shall report to the Executive Assistant Commissioner of 
the Office of Field Operations (in this subtitle referred to as the 
`Executive Assistant Commissioner') of U.S. Customs and Border 
Protection.
    ``(d) Duties.--The Director of the CTPAT program shall--
            ``(1) oversee the activities of the CTPAT program, 
        including certification of CTPAT participants;
            ``(2) evaluate and make revisions to security criteria 
        pursuant to subsections (c) and (d) of section 213;
            ``(3) ensure that participants receive a tangible and 
        measurable benefit for participation; and
            ``(4) carry out other duties and powers prescribed by the 
        Executive Assistant Commissioner.

``SEC. 212. ELIGIBLE ENTITIES AND NOTICE OF BENEFITS.

    ``(a) Eligible Entities.--
            ``(1) In general.--Importers, exporters, customs brokers, 
        forwarders, air, sea, and land carriers, contract logistics 
        providers, and other entities in the international supply chain 
        and intermodal transportation system are eligible to apply for 
        participation in the CTPAT program.
            ``(2) Expansion.--The Commissioner may expand the list of 
        entities eligible to apply for CTPAT participation only in 
        accordance with the purpose of the CTPAT program.
    ``(b) Tiered Participation.--
            ``(1) In general.--Applicants specified in subsection (a) 
        may be eligible to participate as Tier 1 or Tier 2 
        participants.
            ``(2) Importers.--Importers may be eligible to participate 
        as Tier 3 participants.
            ``(3) Extension.--The Commissioner may extend Tier 3 
        participation to other entity types, if appropriate, and to 
        specific Tier 2 CTPAT program participants in accordance with 
        section 217(b).
    ``(c) Notice of Benefits.--
            ``(1) In general.--The Commissioner shall publish, on the 
        U.S. Customs and Border Protection website and through other 
        appropriate online publication, information about benefits 
        available under each tier of the CTPAT program.
            ``(2) Changes.--The Commissioner shall publish, on the U.S. 
        Customs and Border Protection website and through other 
        appropriate online publication, notice of any changes to 
        benefits available under each tier of the CTPAT program not 
        later than 30 days before any such changes take effect.

``SEC. 213. PARTICIPATION ELIGIBILITY.

    ``(a) In General.--The Executive Assistant Commissioner shall 
review all documentation submitted by an applicant pursuant to 
subsection (b)(2), conduct a background investigation of such 
applicant, and vet such applicant.
    ``(b) General Requirements.--To be eligible for participation in 
the CTPAT program, an entity shall, at a minimum--
            ``(1) have a designated company employee authorized to bind 
        such entity who is a direct company employee and will serve as 
        the primary point of contact responsible for participation of 
        such entity in the CTPAT program;
            ``(2) at the time of initial application and annually 
        thereafter, including in advance of any recertification or 
        revalidation, submit an international supply chain security 
        profile, which shall identify how such entity meets the minimum 
        security criteria of the CTPAT program established by the 
        Commissioner and how such entity will maintain and enhance 
        internal policies, procedures, and practices related to 
        international supply chain security; and
            ``(3) meet any specific requirements for eligible entities, 
        as established by the Commissioner.
    ``(c) Minimum Security Criteria.--The Commissioner shall establish 
minimum security criteria for participants in the CTPAT program, review 
such minimum security criteria not less than once every two years, and 
update such minimum security criteria as necessary. Such minimum 
security criteria shall seek to address security vulnerabilities in the 
international supply chain.
    ``(d) Additional and Updated Criteria.--The Commissioner may 
establish additional and updated security criteria for individual CTPAT 
program participants, categories of CTPAT program participants, or 
particular entity types to meet in order to address a security 
vulnerability in the international supply chain.
    ``(e) Consultation.--When establishing or updating security 
criteria in accordance with subsection (c), and when establishing new 
or updated security criteria in accordance subsection (d), the 
Commissioner shall consult with CTPAT program participants and other 
interested parties, and shall--
            ``(1) conduct a cost benefit analysis of such proposed new 
        or updated security criteria, as the case may be, in 
        consultation with the Commercial Customs Operations Advisory 
        Committee established under section 109 of the Trade 
        Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
        125; 19 U.S.C. 4316);
            ``(2) determine operational feasibility and, where 
        appropriate, provide best practices for meeting such new or 
        updated security criteria to CTPAT program participants 
        specific to their entity type;
            ``(3) conduct a phased implementation of such proposed new 
        or updated security criteria; and
            ``(4) provide CTPAT program participants and other 
        interested parties a 90-day comment period to review and 
        comment on such proposed new or updated security criteria.
    ``(f) Waiver.--The Commissioner may waive the requirements of 
subsection (e) if the Commissioner determines there is a significant 
and imminent risk to the national security of the United States and 
such a waiver is necessary to protect such national security. Not later 
than 120 days after the issuance of any such waiver, the Commissioner 
shall announce on the U.S. Customs and Border Protection website and 
through other appropriate online publication the Commissioner's intent 
to either withdraw such waiver or maintain such waiver while commencing 
efforts to establish new or updated security criteria in accordance 
with subsection (c) or (d), respectively.

``SEC. 214. BENEFITS FOR CTPAT PROGRAM PARTICIPANTS.

    ``(a) In General.--The Executive Assistant Commissioner shall 
extend certain benefits to each CTPAT program participant. Minimum 
benefits for each such participant shall include the following:
            ``(1) Assignment of a U.S. Customs and Border Protection 
        Supply Chain Security Specialist.
            ``(2) Access to the CTPAT program's web-based Portal 
        system, training materials, and a mechanism by which to verify 
        other CTPAT program participants' CTPAT status.
            ``(3) Timely supply chain threat alerts categorized by 
        CTPAT program participant entity type, and an annual and 
        unclassified update made available in such web-based Portal 
        system regarding regional and other relevant threats to the 
        international supply chain.
    ``(b) Annual Assessment.--
            ``(1) In general.--The Executive Assistant Commissioner 
        shall conduct, on an annual basis, an assessment of the 
        benefits conferred to CTPAT program participants by tier and 
        entity type. The Executive Assistant Commissioner shall 
        determine a process to carry out such assessments, including 
        projected milestones and completion dates for addressing data 
        reliability issues and, as necessary, correcting data 
        weaknesses, in order that U.S. Customs and Border Protection 
        can produce accurate and reliable annual assessments that can 
        be compared year-to-year.
            ``(2) Elements.--Each annual assessment conducted pursuant 
        to paragraph (1) shall at a minimum include the following:
                    ``(A) The average reduced security exam rate by 
                CTPAT program participant tier and entity type.
                    ``(B) The average reduction in penalties for CTPAT 
                program participants by tier and entity type.
                    ``(C) The average reduction in risk assessment for 
                CTPAT program participants by tier and entity type.
            ``(3) Public availability.--The Executive Assistant 
        Commissioner shall make each annual assessment publicly 
        available on the CTPAT portal for at least one year.
    ``(c) Consultation.--When assessing benefits in accordance with 
subsection (b), the Executive Assistant Commissioner shall consult with 
the Commercial Customs Operations Advisory Committee established under 
section 109 of the Trade Facilitation and Trade Enforcement Act of 2015 
(Public Law 114-125; 19 U.S.C. 4316) and the National Maritime Security 
Advisory Committee established under section 70112 of title 46, United 
States Code.

``SEC. 215. TIER 1 PARTICIPANTS.

    ``(a) Certification.--The Executive Assistant Commissioner shall 
certify the security measures and international supply chain security 
practices of all applicants to and participants in the CTPAT program in 
accordance with section 213(b)(2) and the guidelines referred to in 
subsection (c) of this section. Certified participants shall be Tier 1 
participants.
    ``(b) Benefits for Tier 1 Participants.--Upon completion of the 
certification under subsection (a), a CTPAT program participant shall 
be certified as a Tier 1 participant. The Executive Assistant 
Commissioner shall extend limited benefits to a Tier 1 participant.
    ``(c) Criteria.--Not later than 180 days after the date of the 
enactment of this subtitle, the Commissioner shall update the criteria 
for certifying a CTPAT program participant's security measures and 
supply chain security practices under this section. Such criteria shall 
include a background investigation and review of appropriate 
documentation, as determined by the Commissioner.
    ``(d) Timeframe.--To the extent practicable, the Executive 
Assistant Commissioner shall conclude the Tier 1 certification process 
within 90 days of receipt of a completed application for participation 
in the CTPAT program.

``SEC. 216. TIER 2 PARTICIPANTS.

    ``(a) Validation.--The Executive Assistant Commissioner shall 
validate the security measures and international supply chain security 
practices of a Tier 1 CTPAT program participant in accordance with the 
guidelines referred to in subsection (c) to validate such participant 
as a Tier 2 participant. Such validation shall include on-site 
assessments at appropriate foreign and domestic locations utilized by 
such Tier 1 participant in its international supply chain.
    ``(b) Benefits for Tier 2 Participants.--The Executive Assistant 
Commissioner, shall extend benefits to each CTPAT participant that has 
been validated as a Tier 2 participant under this section. Such 
benefits may include the following:
            ``(1) Reduced scores in U.S. Customs and Border 
        Protection's Automated Targeting System or successor system.
            ``(2) Reduced number of security examinations by U.S. 
        Customs and Border Protection.
            ``(3) Penalty mitigation opportunities.
            ``(4) Priority examinations of cargo.
            ``(5) Access to the Free and Secure Trade (FAST) Lanes at 
        United States ports of entry.
            ``(6) Confirmation of CTPAT status to foreign customs 
        administrations that have signed Mutual Recognition 
        Arrangements with U.S. Customs and Border Protection.
            ``(7) In the case of importers, eligibility to participate 
        in the Importer Self-Assessment Program (ISA) or successor 
        compliance program.
            ``(8) In the case of sea carriers, eligibility to 
        participate in the Advance Qualified Unlading Approval (AQUA) 
        Lane process.
    ``(c) Criteria.--Not later than 180 days after the date of the 
enactment of this subtitle, the Commissioner shall develop a schedule 
and update the criteria for validating a CTPAT participant's security 
measures and supply chain security practices under this section.
    ``(d) Timeframe.--To the extent practicable, the Executive 
Assistant Commissioner shall complete the Tier 2 validation process for 
a CTPAT program participant under this section within one year after 
certification of such participant as a Tier 1 participant.

``SEC. 217. TIER 3 PARTICIPANTS.

    ``(a) In General.--The Commissioner shall establish a third tier of 
CTPAT program participation that offers additional benefits to CTPAT 
program participants that are importers or other entity types, in 
accordance with section 212(b), that demonstrate a sustained commitment 
to maintaining security measures and international supply chain 
security practices that exceed the guidelines established for 
validation as a Tier 2 participant in the CTPAT program under section 
216.
    ``(b) Best Practices.--The Commissioner shall provide a best 
practices framework to Tier 2 participants interested in Tier 3 status 
and may designate a Tier 2 CTPAT program participant as a Tier 3 
participant based on a review of best practices in such participant's 
international supply chain that reflect a continued approach to 
enhanced international supply chain security, including--
            ``(1) compliance with any new or updated criteria 
        established by the Commissioner under section 213(d) that 
        exceed the guidelines established pursuant to section 216 for 
        validating a CTPAT program participant as a Tier 2 participant; 
        and
            ``(2) any other factors that the Commissioner determines 
        appropriate that are provided in such best practices framework.
    ``(c) Benefits for Tier 3 Participants.--The Executive Assistant 
Commissioner shall extend benefits to each CTPAT program participant 
that has been validated as a Tier 3 participant under this section, 
which, in addition to benefits for Tier 2 participation, may include 
the following:
            ``(1) Further reduction in the number of examinations by 
        U.S. Customs and Border Protection.
            ``(2) Front of the line inspections and examinations.
            ``(3) Exemption from Stratified Exams.
            ``(4) Shorter wait times at United States ports of entry.

``SEC. 218. CONSEQUENCES FOR LACK OF COMPLIANCE.

    ``(a) In General.--If at any time the Executive Assistant 
Commissioner determines that a CTPAT program participant's security 
measures or international supply chain security practices fail to meet 
applicable requirements under this subtitle, the Executive Assistant 
Commissioner may deny such participant benefits otherwise made 
available pursuant to this subtitle, either in whole or in part. The 
Executive Assistant Commissioner shall develop procedures, in 
consultation with Commercial Customs Operations Advisory Committee 
established under section 109 of the Trade Facilitation and Trade 
Enforcement Act of 2015 (Public Law 114-125; 19 U.S.C. 4316), that 
provide appropriate protections to CTPAT program participants, 
including advance notice and an opportunity for such participants to 
provide additional information to U.S. Customs and Border Protection 
regarding any such alleged failure, before any of such benefits are 
withheld. Such procedures may not limit the ability of the Executive 
Assistant Commissioner to take actions to protect the national security 
of the United States.
    ``(b) False or Misleading Information; Lack of Compliance With 
Law.--If a CTPAT program participant knowingly provides false or 
misleading information to the Commissioner, the Executive Assistant 
Commissioner, Director, or any other officers or officials of the 
United States Government, or if at any time the Executive Assistant 
Commissioner determines that a CTPAT program participant has committed 
a serious violation of Federal law or customs regulations, or if a 
CTPAT program participant has committed a criminal violation relating 
to the economic activity of such participant, the Executive Assistant 
Commissioner may suspend or remove such participant from the CTPAT 
program for an appropriate period of time. The Executive Assistant 
Commissioner, after the completion of the process described in 
subsection (d), may publish in the Federal Register a list of CTPAT 
program participants that have been so removed from the CTPAT program 
pursuant to this subsection.
    ``(c) National Security.--If at any time the Executive Assistant 
Commissioner determines that a CTPAT program participant poses a 
significant and imminent risk to the national security of the United 
States, the Executive Assistant Commissioner may suspend or remove such 
participant from the CTPAT program for an appropriate period of time. 
The Executive Assistant Commissioner, after the completion of the 
process described in subsection (d), may publish in the Federal 
Register a list of CTPAT program participants that have been so removed 
from the CTPAT program pursuant to this subsection.
    ``(d) Right of Appeal.--
            ``(1) In general.--The Commissioner shall establish a 
        process for a CTPAT program participant to appeal a decision of 
        the Executive Assistant Commissioner under subsection (a). Such 
        appeal shall be filed with the Commissioner not later than 90 
        days after the date of such decision, and the Commissioner 
        shall issue a determination not later than 90 days after such 
        appeal is filed.
            ``(2) Appeals of other decisions.--The Commissioner shall 
        establish a process for a CTPAT program participant to appeal a 
        decision of the Executive Assistant Commissioner under 
        subsections (b) and (c). Such appeal shall be filed with the 
        Commissioner not later than 30 days after the date of such 
        decision, and the Commissioner shall issue a determination not 
        later than 90 days after such appeal is filed.

``SEC. 219. VALIDATIONS BY OTHER DHS COMPONENTS.

    ``(a) In General.--The Commissioner may recognize regulatory 
inspections of entities conducted by other components of the Department 
of Homeland Security as sufficient to constitute validation for CTPAT 
program participation in cases in which any such component's inspection 
regime is harmonized with validation criteria for the CTPAT program. 
Such regulatory inspections shall not limit the ability of U.S. Customs 
and Border Protection to conduct a CTPAT program validation.
    ``(b) Revalidation.--Nothing in this section may limit the 
Commissioner's ability to require a revalidation by U.S. Customs and 
Border Protection.
    ``(c) Certification.--Nothing in this section may be construed to 
authorize certifications of CTPAT applicants to be performed by any 
party other than U.S. Customs and Border Protection.

``SEC. 220. RECERTIFICATION AND REVALIDATION.

    ``(a) Recertification.--The Commissioner shall implement a 
recertification process for all CTPAT program participants. Such 
process shall occur annually, and shall require--
            ``(1) a review of the security profile and supporting 
        documentation to ensure adherence to the minimum security 
        criteria under section 213; and
            ``(2) background checks and vetting.
    ``(b) Revalidation.--The Commissioner shall implement a 
revalidation process for all Tier 2 and Tier 3 CTPAT program 
participants. Such process shall require--
            ``(1) a framework based upon objective, risk-based criteria 
        for identifying participants for periodic revalidation at least 
        once every four years after the initial validation of such 
        participants;
            ``(2) on-site assessments at appropriate foreign and 
        domestic locations utilized by such a participant in its 
        international supply chain; and
            ``(3) an annual plan for revalidation that includes--
                    ``(A) performance measures;
                    ``(B) an assessment of the personnel needed to 
                perform such revalidations; and
                    ``(C) the number of participants that will be 
                revalidated during the following year.
    ``(c) Revalidation Under a Mutual Recognition Arrangement.--
            ``(1) In general.--Upon request from the Commissioner, all 
        Tier 2 and Tier 3 CTPAT program participants shall provide any 
        revalidation report conducted by a foreign government under a 
        Mutual Recognition Arrangement.
            ``(2) Recognition.--The Commissioner may recognize 
        revalidations of entities conducted by foreign governments 
        under a Mutual Recognition Arrangement as sufficient to 
        constitute a revalidation for CTPAT program participation under 
        subsection (b).
            ``(3) No limitation.--Nothing in this subsection may be 
        construed to limit the Commissioner's ability to require a 
        revalidation by U.S. Customs and Border Protection.
    ``(d) Designated Company Employees.--Only designated company 
employees of a CTPAT program participant under section 213(b)(1) are 
authorized to respond to a revalidation report. Third-party entities 
are not authorized to respond to a revalidation report.

``SEC. 221. NONCONTAINERIZED CARGO AND THIRD-PARTY LOGISTICS PROVIDERS.

    ``The Commissioner shall consider the potential for participation 
in the CTPAT program by importers of noncontainerized cargoes and non-
asset-based third-party logistics providers that otherwise meet the 
requirements under this subtitle.

``SEC. 222. PROGRAM MANAGEMENT.

    ``(a) In General.--The Commissioner shall establish sufficient 
internal quality controls and record management, including 
recordkeeping (including maintenance of a record management system in 
accordance with subsection (b)) and monitoring staff hours, to support 
the management systems of the CTPAT program. In managing the CTPAT 
program, the Commissioner shall ensure that the CTPAT program includes 
the following:
            ``(1) A five-year plan to identify outcome-based goals and 
        performance measures of the CTPAT program.
            ``(2) An annual plan for each fiscal year designed to match 
        available resources to the projected workload.
            ``(3) A standardized work program to be used by agency 
        personnel to carry out the certifications, validations, 
        recertifications, and revalidations of CTPAT program 
        participants.
            ``(4) In accordance with subsection (e), a standardized 
        process for the Executive Assistant Commissioner to receive 
        reports of suspicious activity, including reports regarding 
        potentially compromised cargo or other national security 
        concerns.
    ``(b) Documentation of Reviews.--
            ``(1) In general.--The Commissioner shall maintain a record 
        management system to document determinations on the reviews of 
        each CTPAT program participant, including certifications, 
        validations, recertifications, and revalidations.
            ``(2) Standardized procedures.--To ensure accuracy and 
        consistency within the record management system required under 
        this subsection, the Commissioner shall develop, disseminate, 
        and require utilization of standardized procedures for agency 
        personnel carrying out certifications, validations, 
        recertifications, and revalidations to report and track 
        information regarding the status of each CTPAT program 
        participant.
    ``(c) Confidential Information Safeguards.--In consultation with 
the Commercial Customs Operations Advisory Committee established under 
section 109 of the Trade Facilitation and Trade Enforcement Act of 2015 
(Public Law 114-125; 19 U.S.C. 4316), the Commissioner shall develop 
and implement procedures to ensure the protection of confidential data 
collected, stored, or shared with government agencies or as part of the 
application, certification, validation, recertification, and 
revalidation processes.
    ``(d) Resource Management Staffing Plan.--The Commissioner shall--
            ``(1) develop a staffing plan to recruit and train staff 
        (including a formalized training program) to meet the 
        objectives identified in the five-year strategic plan under 
        subsection (a)(1); and
            ``(2) provide cross-training in post incident trade 
        resumption for the CTPAT Director and other relevant personnel 
        who administer the CTPAT program.
    ``(e) Engagement.--In carrying out the standardized process 
required under subsection (a)(4), the Commissioner shall engage with 
and provide guidance to CTPAT program participants and other 
appropriate stakeholders on submitting reports described in such 
subsection.
    ``(f) Report to Congress.--In connection with the President's 
annual budget submission for the Department of Homeland Security, the 
Commissioner shall report to the appropriate congressional committees 
on the progress made by the Commissioner to certify, validate, 
recertify, and revalidate CTPAT program participants. Each such report 
shall be due on the same date that the President's budget is submitted 
to Congress.''.
    (b) Saving Clause.--
            (1) In general.--The amendments made by this Act shall take 
        effect and apply beginning on the date that is 90 days after 
        the date of the enactment of this Act with respect to 
        applicants for participation in the CTPAT program.
            (2) Exception.--Paragraph (1) shall not apply in case of 
        CTPAT program participants who are such participants as of the 
        date specified in such paragraph. Such participants shall be 
        subject to the amendments made by this Act upon revalidation of 
        such participants to participate in such program. Until such 
        time, such participants shall be subject to the requirements of 
        the CTPAT program as in existence on the day before the date of 
        the enactment of this Act.
    (c) Technical and Conforming Amendments.--The Security and 
Accountability for Every Port Act of 2006 is amended--
            (1) in paragraph (4) of section 2 (6 U.S.C. 901), by 
        striking ``Commissioner responsible for the United States 
        Customs and Border Protection'' and inserting ``Commissioner of 
        U.S. Customs and Border Protection''; and
            (2) in paragraph (2) of section 202(c) (6 U.S.C. 942(c)), 
        by striking ``C-TPAT'' and inserting ``CTPAT''.
    (d) Clerical Amendments.--The table of contents in section 1(b) of 
the Security and Accountability for Every Port Act of 2006 is amended 
by striking the items relating to subtitle B of title II and inserting 
the following new items:

       ``Subtitle B--Customs Trade Partnership Against Terrorism

``Sec. 211. Establishment of the Customs Trade Partnership Against 
                            Terrorism program.
``Sec. 212. Eligible entities and notice of benefits.
``Sec. 213. Participation eligibility.
``Sec. 214. Benefits for CTPAT program participants.
``Sec. 215. Tier 1 participants.
``Sec. 216. Tier 2 participants.
``Sec. 217. Tier 3 participants.
``Sec. 218. Consequences for lack of compliance.
``Sec. 219. Validations by other DHS components.
``Sec. 220. Recertification and revalidation.
``Sec. 221. Noncontainerized cargo and third-party logistics providers.
``Sec. 222. Program management.''.

SEC. 415. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT 
              PORTS OF ENTRY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Commissioner of U.S. Customs and Border 
Protection (CBP) shall--
            (1) implement a strategy to ensure deployed chemical 
        screening devices are able to identify, in an operational 
        environment, narcotics at purity levels less than or equal to 
        10 percent, or provide ports of entry with an alternate method 
        for identifying narcotics at lower purity levels; and
            (2) require testing of any new chemical screening devices 
        to understand the abilities and limitations of such devices 
        relating to identifying narcotics at various purity levels 
        before CBP commits to the acquisition of such devices.
    (b) Plan To Ensure Opioid Detection Equipment Resiliency.--Not 
later than 180 days after the date of the enactment of this section, 
the Secretary of Homeland Security shall implement a plan for the long-
term development of a centralized spectral database for chemical 
screening devices. Such plan shall address the following:
            (1) How newly identified spectra will be collected, stored, 
        and distributed to such devices in their operational 
        environment, including at ports of entry.
            (2) Identification of parties responsible for updates and 
        maintenance of such database.

SEC. 416. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 420B. IMMIGRATION ADVISORY PROGRAM.

    ``(a) In General.--There is authorized within U.S. Customs and 
Border Protection an immigration advisory program (in this section 
referred to as the `program') for United States Customs and Border 
Protection officers, pursuant to an agreement with a host country, to 
assist air carriers and security employees at foreign airports with 
review of traveler information during the processing of flights bound 
for the United States.
    ``(b) Activities.--In carrying out the program, U.S. Customs and 
Border Protection officers may--
            ``(1) be present during processing of flights bound for the 
        United States;
            ``(2) assist air carriers and security employees with 
        document examination and traveler security assessments;
            ``(3) provide relevant training to air carriers, security 
        employees, and host-country authorities;
            ``(4) analyze electronic passenger information and 
        passenger reservation data to identify potential threats;
            ``(5) engage air carriers and travelers to confirm 
        potential terrorist watchlist matches;
            ``(6) make recommendations to air carriers to deny 
        potentially inadmissible passengers boarding flights bound for 
        the United States; and
            ``(7) conduct other activities to secure flights bound for 
        the United States, as directed by the Commissioner of United 
        States Customs and Border Protection.
    ``(c) Notification to Congress.--Not later than 60 days before an 
agreement with the government of a host country pursuant to the program 
described in this section enters into force, the Commissioner of U.S. 
Customs and Border Protection shall provide the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate with--
            ``(1) a copy of such agreement, which shall include--
                    ``(A) the identification of the host country with 
                which United States Customs and Border Protection 
                intends to enter into such agreement;
                    ``(B) the location at which activities described in 
                subsection (b) will be conducted pursuant to such 
                agreement; and
                    ``(C) the terms and conditions for United States 
                Customs and Border Protection personnel operating at 
                such location;
            ``(2) country-specific information on the anticipated 
        homeland security benefits associated with such agreement;
            ``(3) an assessment of the impacts such agreement will have 
        on United States Customs and Border Protection domestic port of 
        entry staffing;
            ``(4) information on the anticipated costs over the 5 
        fiscal years after such agreement enters into force associated 
        with carrying out such agreement;
            ``(5) details on information sharing mechanisms to ensure 
        that United States Customs and Border Protection has current 
        information to prevent terrorist and criminal travel; and
            ``(6) other factors that the Commissioner determines 
        necessary for Congress to comprehensively assess the 
        appropriateness of carrying out the program.
    ``(d) Amendment of Existing Agreements.--Not later than 30 days 
before a substantially amended program agreement with the government of 
a host country in effect as of the date of the enactment of this 
section enters into force, the Commissioner of U.S. Customs and Border 
Protection shall provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate--
            ``(1) a copy of such agreement, as amended; and
            ``(2) the justification for such amendment.
    ``(e) Definitions.--In this section, the terms `air carrier' and 
`foreign air carrier' have the meanings given such terms in section 
40102 of title 49, United States Code.''.
    (b) Conforming Amendment.--Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211), as amended by this title, 
is further amended--
            (1) in paragraph (22), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (23) as paragraph (24); and
            (3) by inserting after paragraph (22) the following new 
        paragraph:
            ``(23) carry out section 420B, relating to the immigration 
        advisory program; and''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 420A, as added by this title, the following 
new item:

``Sec. 420B. Immigration advisory program.''.

SEC. 417. BORDER SECURITY TECHNOLOGY ACCOUNTABILITY.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    ``(a) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is meeting cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for meeting program implementation 
        objectives by managing contractor performance.
    ``(b) Adherence to Standards.--The Secretary, acting through the 
Under Secretary for Management and the Commissioner of U.S. Customs and 
Border Protection, shall ensure border security technology acquisition 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The Commissioner shall 
provide information, as needed, to assist the Under Secretary in 
monitoring management of border security technology acquisition 
programs under this section.
    ``(c) Plan.--The Secretary, acting through the Under Secretary for 
Management, in coordination with the Under Secretary for Science and 
Technology and the Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees a plan for 
testing, evaluating, and using independent verification and validation 
resources for border security technology. Under the plan, new border 
security technologies shall be evaluated through a series of 
assessments, processes, and audits to ensure compliance with relevant 
departmental acquisition policies and the Federal Acquisition 
Regulation, as well as the effectiveness of taxpayer dollars.
    ``(d) Major Acquisition Program Defined.--In this section, the term 
`major acquisition program' means a Department acquisition program that 
is estimated by the Secretary to require an eventual total expenditure 
of at least $300,000,000 (based on fiscal year 2021 constant dollars) 
over its life cycle cost.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by striking the items relating to 
sections 435 and 436 and inserting after the item relating to section 
434 the following new items:

``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437. Border security technology program management.''.

SEC. 418. ESTABLISHMENT OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.

    (a) In General.--Section 442 of the Homeland Security Act of 2002 
(6 U.S.C. 252) is amended to read as follows:

``SEC. 442. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.

    ``(a) Establishment.--There is established within the Department an 
agency to be known as U.S. Immigration and Customs Enforcement.
    ``(b) Director of U.S. Immigration and Customs Enforcement.--There 
shall be at the head of U.S. Immigration and Customs Enforcement a 
Director of U.S. Immigration and Customs Enforcement (in this section 
referred to as the `Director').
    ``(c) Duties and Qualifications.--The Director shall--
            ``(1) have a minimum of five years--
                    ``(A) professional experience in law enforcement, 
                which may include law enforcement as it relates to the 
                immigration laws, as defined in paragraph (17) of 
                section 101(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1101(a)(17)) or the customs and trade laws of 
                the United States, as defined in section 2 of the Trade 
                Facilitation and Trade Enforcement Act of 2015 (19 
                U.S.C. 4301); and
                    ``(B) management experience;
            ``(2) in coordination with U.S. Customs and Border 
        Protection and United States Citizenship and Immigration 
        Services, enforce and administer immigration laws, as defined 
        in paragraph (17) of section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)), including the 
        identification, arrest, detention, and removal of aliens who 
        may be inadmissible to, or deportable from, the United States;
            ``(3) have the authority to investigate and, where 
        appropriate, refer for prosecution, any criminal or civil 
        violation of Federal law relating to or involving--
                    ``(A) border control and security, including the 
                prevention of the entry or residence of terrorists, 
                criminals, and human rights violators;
                    ``(B) the customs and trade laws of the United 
                States, as defined in section 2 of the Trade 
                Facilitation and Trade Enforcement Act of 2015 (19 
                U.S.C. 4301);
                    ``(C) fraud, false statements, or other violations 
                on the import or export of merchandise, including the 
                illicit possession, movement of, or trade in goods, 
                services, property, arms, instruments of terrorism, 
                items controlled or prohibited from export, goods made 
                with forced or indentured labor, intellectual property, 
                or currency or other monetary instruments;
                    ``(D) bulk cash smuggling or other financial crimes 
                with a cross-border or international nexus;
                    ``(E) the immigration laws, as defined in paragraph 
                (17) of section 101(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a));
                    ``(F) transnational organized crime;
                    ``(G) chapter 40 or 44 of title 18, United States 
                Code, or other violation relating to explosives, 
                firearms, other destructive devices involving an alien;
                    ``(H) severe forms of trafficking in persons, as 
                defined in section 103 of the Victims of Trafficking 
                and Violence Protection Act of 2000 (22 U.S.C. 7102);
                    ``(I) the production, procurement, counterfeiting, 
                alteration, or use of fraudulent immigration documents 
                or fraudulently obtaining immigration benefits;
                    ``(J) unlawful use of personal information, when 
                such use relates to or affects border security, 
                terrorism, customs, immigration, naturalization, trade, 
                or transportation security;
                    ``(K) computer crimes, pursuant to section 1030(d) 
                of title 18, United States Code, in cooperation, where 
                required by law, with the United States Secret Service 
                and the Federal Bureau of Investigation;
                    ``(L) drug laws, as specified in the Controlled 
                Substances Act and the Controlled Substances Import and 
                Export Act in the context of cross-border criminal 
                activity;
                    ``(M) child exploitation, child pornography, or 
                traveling child sex offenders pursuant to section 
                890A(b)(2)(A) of the Homeland Security Act of 2002 (6 
                U.S.C. 473(b)(2)(A)); and
                    ``(N) cyber-enabled crimes pursuant to section 
                890A(d)(2)(B) of the Homeland Security Act of 2002 (6 
                U.S.C. 473(d)(2)(B));
            ``(4) administer the National Intellectual Property Rights 
        Coordination Center established in section 305 of the Trade 
        Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
        125; 19 U.S.C. 4344);
            ``(5) jointly with the Commissioner of U.S. Customs and 
        Border Protection, develop and submit the joint strategic plan 
        required under section 105 of the Trade Facilitation and Trade 
        Enforcement Act of 2015 (Public Law 114-125; 19 U.S.C. 4314);
            ``(6) coordinate, as otherwise permitted by law, with 
        Federal, State, local, tribal, and foreign agencies in carrying 
        out the duties set forth in paragraphs (2) and (3);
            ``(7) in coordination with the Office of International 
        Affairs of the Department and the Department of State, 
        establish staff liaison offices and vetted units in foreign 
        countries to support law enforcement activities that require 
        international cooperation, including investigations and 
        repatriation efforts;
            ``(8) assign employees of the Department to diplomatic and 
        consular posts, in coordination with the Secretary, pursuant to 
        section 428(e);
            ``(9) authorize danger pay allowance for employees of the 
        Department pursuant to section 5928 of title 5, United States 
        Code, with the approval of the Secretary of State;
            ``(10) provide technical assistance and training to trusted 
        and vetted law enforcement and customs authorities of foreign 
        countries to enhance the ability of such authorities to enforce 
        immigration and customs laws;
            ``(11) establish, maintain, and administer appropriate law 
        enforcement centers, including the Human Rights Violators and 
        War Crimes Center and other interagency centers, in accordance 
        with applicable law, or as prescribed by the Secretary or in 
        furtherance of the Director's assigned duties;
            ``(12) administer the Border Enforcement Security Task 
        Force established under section 432;
            ``(13) operate the Cyber Crimes Center established in 
        section 890A;
            ``(14) in carrying out paragraph (3), administer internal 
        conspiracy investigations at United States ports of entry; and
            ``(15) carry out other duties and powers prescribed by law 
        or delegated by the Secretary.
    ``(d) General Enforcement Powers.--The Director may authorize 
agents and officers of U.S. Immigration and Customs Enforcement to--
            ``(1) carry out the duties and responsibilities authorized 
        under section 287 of the Immigration and Nationality Act (8 
        U.S.C. 1357) and section 589 of the Tariff Act of 1930 (19 
        U.S.C. 1589a);
            ``(2) seize any property, whether real or personal, that is 
        involved in any violation or attempted violation, or which 
        constitutes proceeds traceable to a violation, of those 
        provisions of law which U.S. Immigration and Customs 
        Enforcement is authorized to enforce;
            ``(3) offer and pay rewards for services and information 
        regarding the apprehension of persons involved in, or the 
        seizure and forfeiture of property associated with, the 
        violation or attempted violation of those provisions of law 
        which U.S. Immigration and Customs Enforcement is authorized to 
        enforce;
            ``(4) issue detainers for purposes of immigration 
        enforcement pursuant to sections 236, 241, and 287 of the 
        Immigration and Nationality Act (8 U.S.C. 1226, 1231, and 
        1357); and
            ``(5) conduct undercover investigative operations pursuant 
        to section 294 of the Immigration and Nationality Act (8 U.S.C. 
        1363a), and section 3131 of the Customs Enforcement Act of 1986 
        (19 U.S.C. 2081; enacted as part of the Anti-Drug Abuse Act of 
        1986).
    ``(e) Deputy Director.--There shall be in U.S. Immigration and 
Customs Enforcement a Deputy Director who shall assist the Director in 
the management of U.S. Immigration and Customs Enforcement.
    ``(f) Office of Homeland Security Investigations.--
            ``(1) In general.--There is established in U.S. Immigration 
        and Customs Enforcement the Office of Homeland Security 
        Investigations.
            ``(2) Executive associate director.--There shall be at the 
        head of the Office of Homeland Security Investigations an 
        Executive Associate Director, who shall report to the Director.
            ``(3) Duties.--The Office of Homeland Security 
        Investigations shall--
                    ``(A) serve as the law enforcement office of U.S. 
                Immigration and Customs Enforcement with primary 
                responsibility to conduct investigations of terrorist 
                organizations and other criminal organizations that 
                threaten the homeland or border security;
                    ``(B) serve as the law enforcement office of U.S. 
                Immigration and Customs Enforcement with primary 
                responsibility to conduct investigations of, and, where 
                appropriate, refer for prosecution, any criminal or 
                civil violations of Federal law, including--
                            ``(i) financial crimes;
                            ``(ii) money laundering and bulk cash 
                        smuggling;
                            ``(iii) commercial fraud and intellectual 
                        property theft;
                            ``(iv) cyber-enabled crimes pursuant to 
                        section 890A(d)(2)(B) of the Homeland Security 
                        Act of 2002 (6 U.S.C. 473(d)(2)(B));
                            ``(v) human smuggling, human trafficking, 
                        and human rights violations;
                            ``(vi) narcotics and weapons smuggling and 
                        trafficking;
                            ``(vii) transnational gang activity;
                            ``(viii) export violations;
                            ``(ix) international art and antiquity 
                        theft;
                            ``(x) identity and benefit fraud;
                            ``(xi) unlawful employment of unauthorized 
                        aliens;
                            ``(xii) child exploitation, child 
                        pornography, and traveling child sex offenders 
                        pursuant to section 890A(b)(2)(A) of the 
                        Homeland Security Act of 2002 (6 U.S.C. 
                        473(b)(2)(A));
                            ``(xiii) computer crimes pursuant to 
                        section 1030(d) of title 18, United States 
                        Code, in cooperation, where required by law, 
                        with the United States Secret Service and the 
                        Federal Bureau of Investigation; and
                            ``(xiv) any other criminal or civil 
                        violation prescribed by law or delegated by the 
                        Director;
                    ``(C) administer the program to collect information 
                relating to nonimmigrant foreign students and exchange 
                visitor program participants described in section 641 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1372), including 
                the Student and Exchange Visitor Information System 
                established under such section, and use such 
                information to carry out the enforcement functions of 
                U.S. Immigration and Customs Enforcement; and
                    ``(D) carry out other duties and powers prescribed 
                by the Director.
    ``(g) Office of Enforcement and Removal Operations.--
            ``(1) In general.--There is established in U.S. Immigration 
        and Customs Enforcement the Office of Enforcement and Removal 
        Operations.
            ``(2) Executive associate director.--There shall be at the 
        head of the Office of Enforcement and Removal Operations an 
        Executive Associate Director, who shall report to the Director.
            ``(3) Duties.--The Office of Enforcement and Removal 
        Operations shall--
                    ``(A) serve as the law enforcement office of U.S. 
                Immigration and Customs Enforcement with primary 
                responsibility to enforce the civil immigration and 
                nationality laws of the United States, except to the 
                extent that any other agency of the Federal Government 
                has the responsibility or authority for so doing;
                    ``(B) identify, locate, detain, and arrest aliens 
                in custodial settings or at-large who may be subject to 
                removal from the United States;
                    ``(C) have custody over (and the authority to 
                release) aliens detained for potential exclusion, 
                deportation, or removal from the United States, manage 
                the administrative immigration detention operations of 
                U.S. Immigration and Customs Enforcement, and provide 
                necessary and appropriate medical care and dental and 
                mental health services to detained aliens in the 
                custody of the agency;
                    ``(D) plan, coordinate, and manage the execution of 
                exclusion, deportation, and removal orders issued to 
                aliens;
                    ``(E) investigate and refer for prosecution any 
                civil or criminal violation of the immigration laws or 
                any offense described in section 287(a)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1357(a)(5)); 
                and
                    ``(F) carry out other duties and powers prescribed 
                by the Director.
    ``(h) Office of the Principal Legal Advisor.--
            ``(1) In general.--There is established in U.S. Immigration 
        and Customs Enforcement the Office of the Principal Legal 
        Advisor.
            ``(2) Principal legal advisor.--There shall be at the head 
        of the Office the Principal Legal Advisor a Principal Legal 
        Advisor.
            ``(3) Duties.--The Office of the Principal Legal Advisor 
        shall--
                    ``(A) provide specialized legal advice to the 
                Director;
                    ``(B) represent U.S. Immigration and Customs 
                Enforcement in all exclusion, deportation, and removal 
                proceedings before the Executive Office for Immigration 
                Review; and
                    ``(C) carry out other duties and powers prescribed 
                by the Director.
    ``(i) Office of Professional Responsibility.--
            ``(1) In general.--There is established in U.S. Immigration 
        and Customs Enforcement the Office of Professional 
        Responsibility.
            ``(2) Associate director.--There shall be at the head of 
        the Office of Professional Responsibility an Associate 
        Director, who shall report to the Director.
            ``(3) Duties.--The Office of Professional Responsibility 
        shall--
                    ``(A) investigate allegations of criminal, civil, 
                or administrative misconduct involving any employee, 
                officer, or contractor of U.S. Immigration and Customs 
                Enforcement;
                    ``(B) inspect and review U.S. Immigration and 
                Customs Enforcement's offices, operations, and 
                processes, including detention facilities operated or 
                used by U.S. Immigration and Customs Enforcement, and 
                provide an independent review of U.S. Immigration and 
                Custom Enforcement's organizational health, 
                effectiveness, and efficiency of mission;
                    ``(C) provide and manage the security programs and 
                operations for U.S. Immigration and Customs 
                Enforcement; and
                    ``(D) carry out other duties and powers prescribed 
                by the Director.
    ``(j) Office of Management and Administration.--
            ``(1) In general.--There is established in U.S. Immigration 
        and Customs Enforcement the Office of Management and 
        Administration.
            ``(2) Executive associate director.--There shall be at the 
        head of the Office of Management and Administration an 
        Executive Associate Director, who shall report to the Director.
            ``(3) Duties.--The Office of Management and Administration 
        shall--
                    ``(A) oversee and execute the agency's 
                administrative and management support functions to 
                ensure compliance with all laws, regulations and 
                policies, sound resource and asset management, internal 
                controls, and in furtherance of ICE mission 
                effectiveness;
                    ``(B) oversee the delivery of ICE's budget 
                justifications, manage budget distributions, and 
                oversee the execution of ICE's budget through financial 
                policies, standards, and systems for ICE's programs, 
                projects, and activities;
                    ``(C) deliver human capital programs on behalf of 
                the agency;
                    ``(D) establish acquisition strategies, perform 
                oversight for all investments, ensure program 
                accountability, and perform oversight and execution of 
                all contracting activities;
                    ``(E) manage ICE's facilities portfolio ensuring 
                infrastructure is effectively planned, acquired, and 
                maintained;
                    ``(F) develop and maintain an integrated 
                information technology infrastructure;
                    ``(G) ensure the implementation of strong privacy 
                protections, records management, data governance 
                practices, and timely responses to Freedom of 
                Information Act requests;
                    ``(H) develop and execute leadership and career 
                development programs to meet ICE training needs; and
                    ``(I) carry out other duties and authorities 
                prescribed by the Director.
    ``(k) Other Authorities.--
            ``(1) In general.--The Secretary may establish such other 
        Executive Associate Directors, Assistant Directors, or other 
        similar officers or officials, or other offices or positions as 
        the Secretary determines necessary to carry out the missions, 
        duties, functions, and authorities of U.S. Immigration and 
        Customs Enforcement.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the Secretary 
        shall notify the Committee on Homeland Security and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Homeland Security and Governmental Affairs and 
        the Committee on the Judiciary of the Senate not later than 30 
        days before exercising such authority.
    ``(l) Other Federal Agencies.--Nothing in this section may be 
construed as affecting or limiting in any manner the authority, as in 
existence on the day before the date of the enactment of this section, 
of any other Federal agency or other component of the Department.''.
    (b) Special Rules.--
            (1) Treatment.--Section 442 of the Homeland Security Act of 
        2002, as amended by subsection (a) of this section, shall be 
        treated as if included in such Act as of the date of the 
        enactment of such Act. In addition to the functions, missions, 
        duties, and authorities specified in such amended section 442, 
        U.S. Immigration and Customs Enforcement shall continue to 
        perform and carry out the functions, missions, duties, and 
        authorities under section 442 of such Act as in existence on 
        the day before such date of enactment (notwithstanding the 
        treatment described in this paragraph).
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding the 
                treatment described in paragraph (1), nothing in this 
                Act may be construed as affecting in any manner any 
                rule or regulation issued or promulgated pursuant to 
                any provision of law, including section 442 of the 
                Homeland Security Act of 2002, as in existence on the 
                day before the date of the enactment of this Act, and 
                any such rule or regulation shall continue to have full 
                force and effect on and after such date.
                    (B) Other actions.--Notwithstanding the treatment 
                described in paragraph (1), nothing in this Act may be 
                construed as affecting in any manner any action, 
                determination, policy, or decision pursuant to section 
                442 of the Homeland Security Act of 2002 as in 
                existence on the day before the date of the enactment 
                of this Act, and any such action, determination, 
                policy, or decision shall continue to have full force 
                and effect on and after such date.
    (c) Continuation in Office.--
            (1) Director.--The individual serving as the Director of 
        U.S. Immigration and Customs Enforcement on the day before the 
        date of the enactment of this Act (notwithstanding the 
        treatment described in subsection (b)(1)) may serve as the 
        Director of U.S. Immigration and Customs Enforcement in 
        accordance with section 442 of the Homeland Security Act of 
        2002, as amended by subsection (a), until the earlier of--
                    (A) the date on which such individual is no longer 
                eligible to serve as Director; or
                    (B) the date on which a person nominated by the 
                President to be the Director is confirmed by the Senate 
                in accordance with such section 441.
            (2) Other positions.--The individuals serving as the Deputy 
        Director, Executive Associate Directors, Deputy Executive 
        Associate Directors, or similar officers or officials of U.S. 
        Immigration and Customs Enforcement under section 442 of the 
        Homeland Security Act of 2002 on the day before the date of the 
        enactment of this Act (notwithstanding the treatment described 
        in subsection (b)(1)) may serve as the appropriate Deputy 
        Director, Executive Associate Directors, Deputy Executive 
        Associate Directors, Associate Directors, Deputy Associate 
        Directors, Assistant Directors, and other officers and 
        officials under section 442 of such Act, as amended by 
        subsection (a), unless the individual serving as the Director 
        of U.S. Immigration and Customs Enforcement determines that 
        another individual should hold such position.
    (d) Transportation.--Paragraph (6) of section 1344(b) of title 31, 
United States Code, is amended by inserting ``, the Director of U.S. 
Immigration and Customs Enforcement, the Commissioner of Customs and 
Border Protection,'' before ``the Administrator of the Drug Enforcement 
Administration,''.
    (e) Conforming Amendments.--
            (1) Title 5.--Section 5314 of title 5, United States Code, 
        is amended by inserting after ``Director of the Bureau of 
        Citizenship and Immigration Services.'' the following new item: 
        ``Director of U.S. Immigration and Customs Enforcement.''.
            (2) Title 18.--Subsection (d) of section 1030 of title 18, 
        United States Code, is amended--
                    (A) in paragraph (1), by inserting ``and U.S. 
                Immigration and Customs Enforcement'' after ``United 
                States Secret Service'';
                    (B) in paragraph (2), by inserting, ``, in 
                collaboration with U.S. Immigration and Customs 
                Enforcement'' after ``Federal Bureau of 
                Investigation''; and
                    (C) in paragraph (3), by striking ``Secretary of 
                the Treasury'' and inserting ``Secretary of Homeland 
                Security''.
            (3) Trade facilitation and trade enforcement act of 2015.--
        Paragraph (2) of section 802(d) of the Trade Facilitation and 
        Trade Enforcement Act of 2015 (Public Law 114-125) is amended 
        by inserting before the period at the end the following: ``or 
        the Director of U.S. Immigration and Customs Enforcement, as 
        determined by the Secretary of Homeland Security''.
            (4) Homeland security act of 2002.--Title IV of the 
        Homeland Security Act of 2002 is amended--
                    (A) in subtitle C--
                            (i) in subsection (e) of section 428 (6 
                        U.S.C. 236), by adding at the end the following 
                        new paragraph:
            ``(9) Delegated authority.--For purposes of this 
        subsection, the Secretary shall act through the Director of 
        U.S. Immigration and Customs Enforcement.''; and
                            (ii) in section 432 (6 U.S.C. 240)--
                                    (I) by redesignating subsection (e) 
                                as subsection (f); and
                                    (II) by inserting after subsection 
                                (d) the following new subsection:
    ``(e) Administration.--The Director of U.S. Immigration and Customs 
Enforcement shall administer BEST units established under this 
section.'';
                    (B) in subtitle D--
                            (i) by amending the subtitle heading to 
                        read as follows: ``U.S. Immigration and Customs 
                        Enforcement''; and
                            (ii) by repealing sections 445 and 446 (6 
                        U.S.C. 255 and 256);
                    (C) in subtitle E--
                            (i) in subsection (a)(2)(C) of section 451 
                        (6 U.S.C. 271), by striking ``at the same level 
                        as the Assistant Secretary of the Bureau of 
                        Border Security'' and inserting ``in accordance 
                        with section 5314 of title 5, United States 
                        Code'';
                            (ii) in subsection (c) of section 459 (6 
                        U.S.C. 276), by striking ``Assistant Secretary 
                        of the Bureau of Border Security'' and 
                        inserting ``Director of U.S. Immigration and 
                        Customs Enforcement''; and
                            (iii) in subsection (b)(2)(A) of section 
                        462 (6 U.S.C. 279), in the matter preceding 
                        clause (i), by striking ``Assistant Secretary 
                        of the Bureau of Border Security'' and 
                        inserting ``Director of U.S. Immigration and 
                        Customs Enforcement''; and
                    (D) in subtitle F, in subsection (a)(2)(B) of 
                section 472 (6 U.S.C. 292), by striking ``Bureau of 
                Border Security'' and inserting ``U.S. Immigration and 
                Customs Enforcement''.
    (f) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
            (1) by striking the item relating to subtitle D of title IV 
        and inserting the following new item:

       ``Subtitle D--U.S. Immigration and Customs Enforcement'';

        and
            (2) by striking the items relating sections 445 and 446.

SEC. 419. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT 
              PROGRAM.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 251 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 445. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT 
              PROGRAM.

    ``(a) Establishment.--There is established in the Department a 
program to be known as the `Biometric Identification Transnational 
Migration Alert Program' (referred to in this section as `BITMAP') to 
address and reduce national security, border security, and terrorist 
threats before such threats reach the international border of the 
United States.
    ``(b) Duties.--In carrying out BITMAP operations, the Secretary, 
acting through the Director of U.S. Immigration and Customs 
Enforcement, shall--
            ``(1) coordinate, in consultation with the Secretary of 
        State, appropriate representatives of foreign governments, and 
        the heads of other Federal agencies, as appropriate, to 
        facilitate the voluntary sharing of biometric and biographic 
        information collected from foreign nationals for the purpose of 
        identifying and screening such nationals to identify 
        individuals who may pose a terrorist threat or a threat to 
        national security or border security;
            ``(2) provide capabilities, including training and 
        equipment, to partner countries to voluntarily collect 
        biometric and biographic identification data from individuals 
        to identify, prevent, detect, and interdict high risk 
        individuals identified as national security, border security, 
        or terrorist threats who may attempt to enter the United States 
        utilizing illicit pathways;
            ``(3) provide capabilities, including training and 
        equipment, to partner countries to compare foreign data against 
        appropriate United States national security, border security, 
        terrorist, immigration, and counter-terrorism data, including--
                    ``(A) the Federal Bureau of Investigation's 
                Terrorist Screening Database, or successor database;
                    ``(B) the Federal Bureau of Investigation's Next 
                Generation Identification database, or successor 
                database;
                    ``(C) the Department of Defense Automated Biometric 
                Identification System (commonly known as `ABIS'), or 
                successor database;
                    ``(D) the Department's Automated Biometric 
                Identification System (commonly known as `IDENT'), or 
                successor database; and
                    ``(E) any other database, notice, or means that the 
                Secretary, in consultation with the heads of other 
                Federal departments and agencies responsible for such 
                databases, notices, or means, designates;
            ``(4) provide partner countries with training, guidance, 
        and best practices recommendations regarding the enrollment of 
        individuals in BITMAP; and
            ``(5) ensure biometric and biographic identification data 
        collected pursuant to BITMAP are incorporated into appropriate 
        United States Government databases, in compliance with the 
        policies and procedures established by the Privacy Officer 
        appointed under section 222.
    ``(c) Collaboration.--The Secretary shall ensure that BITMAP 
operations include participation from relevant components of the 
Department, and request participation from other Federal agencies, as 
appropriate. Notwithstanding any other provision of law, the Secretary 
may enter into agreements related to such participation on a 
reimbursable or non-reimbursable basis, as appropriate.
    ``(d) Agreements.--Before carrying out BITMAP operations in a 
foreign country that, as of the date of the enactment of this section, 
was not a partner country described in this section, the Secretary, in 
consultation with the Secretary of State, shall enter into agreement or 
arrangement with the government of such country that sets forth program 
goals for such country, includes training, guidance, and best practices 
recommendations regarding the enrollment of individuals in BITMAP, and 
outlines such operations in such country, including related 
departmental operations. Such country shall be a partner country 
described in this section pursuant to and for purposes of such 
agreement or arrangement.
    ``(e) Notification to Congress.--Not later than 60 days before an 
agreement or arrangement with the government of a foreign country to 
carry out BITMAP operations in such foreign country enters into force, 
the Secretary shall provide the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate with a copy of such agreement or 
arrangement to establish such operations, including the following:
            ``(1) The identification of the foreign country with which 
        the Secretary intends to enter into such an agreement or 
        arrangement.
            ``(2) The location at which such operations will be 
        conducted.
            ``(3) Goals for BITMAP operations in the foreign country.
            ``(4) The terms and conditions for Department personnel 
        operating at such location.
    ``(f) Captured Information of United States Citizens.--The 
Secretary shall ensure that any biometric and biographic identification 
data of United States citizens that is captured by BITMAP operations is 
expunged from all databases to which such data was uploaded, unless 
such data is retained for specific law enforcement or intelligence 
purposes.''.
    (b) Report.--Not later than 180 days after the date on which the 
Biometric Identification Transnational Migration Alert Program (BITMAP) 
is established under section 447 of the Homeland Security Act of 2002 
(as added by subsection (a) of this section) and annually thereafter 
for the following five years, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that--
            (1) outlines the strategic goals and operational plans for 
        BITMAP;
            (2) outlines key efforts and the progress made with each 
        partner country;
            (3) provides a description of the agreement or arrangement 
        with the government of each partner country, if practicable;
            (4) provides budget information related to expenditures in 
        support of BITMAP, including the source of funding and 
        anticipated expenditures;
            (5) sets forth Department of Homeland Security personnel, 
        equipment, and infrastructure support to be used by BITMAP, 
        broken down by country and number;
            (6) includes the number of individuals each partner country 
        enrolled into BITMAP during the reporting period, broken down 
        by key categories, as determined by U.S. Immigration and 
        Customs Enforcement;
            (7) includes the training, guidance, and best practices 
        recommendations provided pursuant to subsection (b)(4) of such 
        section 447;
            (8) includes a review of the redress process for BITMAP; 
        and
            (9) details the effectiveness of BITMAP operations in 
        enhancing national security, border security, and 
        counterterrorism operations.
    (c) Briefings.--Not later than 30 days after each report is 
submitted pursuant to subsection (b), the Secretary of Homeland 
Security shall brief the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives regarding--
            (1) individuals enrolled in BITMAP who have been 
        apprehended at the United States border or in the interior of 
        the United States; and
            (2) asylum claims that were submitted by individuals who 
        are enrolled in BITMAP.
    (d) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 444 the following new item:

``Sec. 445. Biometric Identification Transnational Migration Alert 
                            Program.''.

SEC. 420. REPORTING OF VISA OVERSTAYS.

    Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by inserting before the period at the end the 
                following: ``, and any additional information that the 
                Secretary determines necessary for purposes of the 
                report under subsection (b)''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Annual Report.--Not later than September 30, 2021, and not 
later than September 30 of each year thereafter, the Secretary of 
Homeland Security shall submit to the Committee on Homeland Security 
and the Committee on the Judiciary of the House of Representatives and 
to the Committee on Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate a report providing, for the 
preceding fiscal year, numerical estimates (including information on 
the methodology utilized to develop such numerical estimates) of the 
following:
            ``(1) For each country, the number of aliens from the 
        country who are described in subsection (a), including the 
        following:
                    ``(A) The total number of such aliens within all 
                classes of nonimmigrant aliens described in section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)).
                    ``(B) The number of such aliens within each of the 
                classes of nonimmigrant aliens, as well as the number 
                of such aliens within each of the subclasses of such 
                classes of nonimmigrant aliens, as applicable.
            ``(2) For each country, the percentage of the total number 
        of aliens from the country who were present in the United 
        States and were admitted to the United States as nonimmigrants 
        who are described in subsection (a).
            ``(3) The number of aliens described in subsection (a) who 
        arrived by land at a port of entry into the United States.
            ``(4) The number of aliens described in subsection (a) who 
        entered the United States using a border crossing 
        identification card (as such term is defined in section 
        101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(6))).
            ``(5) The number of Canadian nationals who entered the 
        United States without a visa whose authorized period of stay in 
        the United States terminated during the previous fiscal year, 
        but who remained in the United States.''.

SEC. 421. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall ensure that the information 
collected under the program established under section 641 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and Border 
Protection for the purpose of conducting primary inspections of aliens 
seeking admission to the United States at each port of entry of the 
United States.

SEC. 422. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is 
further amended by adding at the end the following new sections:

``SEC. 446. SOCIAL MEDIA SCREENING.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall, to the greatest extent 
practicable, and in a risk based manner and on an individualized basis, 
begin reviewing the social media accounts of certain visa applicants 
who are citizens of, or who reside in, high-risk countries, as 
determined by the Secretary based on the criteria described in 
subsection (b).
    ``(b) High-Risk Criteria Described.--In determining whether a 
country is high-risk pursuant to subsection (a), the Secretary, in 
consultation with the Secretary of State, shall consider the following 
criteria:
            ``(1) The number of nationals of the country who were 
        identified in United States Government databases related to the 
        identities of known or suspected terrorists during the previous 
        year.
            ``(2) The level of cooperation of the country with the 
        counter-terrorism efforts of the United States.
            ``(3) The number of counterintelligence, intellectual 
        property theft, and counterproliferation cases involving 
        nationals of the country.
            ``(4) Any other criteria the Secretary determines 
        appropriate.
    ``(c) Collaboration.--To carry out the requirements of subsection 
(a), the Secretary may collaborate with the following:
            ``(1) The head of a national laboratory within the 
        Department's laboratory network with relevant expertise.
            ``(2) The head of a relevant university-based center within 
        the Department's centers of excellence network.
            ``(3) The heads of other appropriate Federal agencies.
    ``(d) Waiver.--The Secretary, in collaboration with the Secretary 
of State, is authorized to waive the requirements of subsection (a) as 
necessary to comply with international obligations of the United 
States.

``SEC. 447. OPEN SOURCE SCREENING.

    ``The Secretary shall, to the greatest extent practicable, and in a 
risk based manner, review open source information of visa 
applicants.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, is amended by inserting after the 
item relating to section 445, as added by this title, the following new 
items:

``Sec. 446. Social media screening.
``Sec. 447. Open source screening.''.

SEC. 423. HOMELAND SECURITY INVESTIGATIONS NATIONAL GANG UNIT.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 448. NATIONAL GANG UNIT.

    ``(a) Establishment.--There is established within the Department a 
program, which shall be known as the `Homeland Security Investigations 
National Gang Unit' (referred to in this section as `National Gang 
Unit'. The National Gang Unit shall be headed by an Assistant Director, 
who shall be appointed by the Executive Associate Director of United 
States Immigration and Customs Enforcement, Homeland Security 
Investigations.
    ``(b) Purpose.--The purpose of the National Gang Unit shall be to--
            ``(1) lead homeland security investigations into 
        transnational criminal gang activity; and
            ``(2) form partnerships with regional stakeholders to 
        target gangs, suppress violence and prosecute criminal 
        enterprises.
    ``(c) Task Forces.--The National Gang Unit shall establish and lead 
regionally based task force units focused on combating transnational 
gang activity. Such task force units shall incorporate the following:
            ``(1) Homeland Security Investigations personnel.
            ``(2) School Resource Officers.
            ``(3) State and local law enforcement.
            ``(4) Personnel from other relevant agencies or 
        organizations.
    ``(d) Information Sharing.--
            ``(1) Provided to homeland security.--Before placing an 
        unaccompanied alien child with an individual, the Secretary of 
        Health and Human Services shall provide to the Secretary of 
        Homeland Security any disclosed gang affiliation information 
        the unaccompanied alien child provided to the Department of 
        Health and Human Services, including factual information 
        provided by employees and contractors of the Department related 
        to patterns of violent behavior or suspected gang affiliation 
        while under their supervision.
            ``(2) Provided to the national gang unit.--The Secretary of 
        Homeland Security shall share the information provided pursuant 
        to paragraph (1) with relevant National Gang Unit task force 
        units.
    ``(e) Effective Date.--This section shall apply to any 
unaccompanied alien child apprehended on or after the date of the 
enactment of this section.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for each of fiscal years 2021 and 2022 to carry 
out this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 447, as added by this title, the following new 
item:

``Sec. 448. National Gang Unit.''.

SEC. 424. HOMELAND SECURITY INVESTIGATIONS TRANSNATIONAL CRIMINAL 
              INVESTIGATIVE UNITS.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 449. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.

    ``(a) Establishment.--There is established within the Department a 
program, which shall be known as the `Homeland Security Investigations 
Transnational Criminal Investigative Unit Program' (referred to in this 
section as `TCIU Program'). The TCIU Program shall be headed by an 
Assistant Director, who shall be appointed by the Executive Associate 
Director of U.S. Immigration and Customs Enforcement, Homeland Security 
Investigations.
    ``(b) Purpose.--The purpose of the TCIU Program shall be to--
            ``(1) lead homeland security investigations into 
        transnational criminal organizations; and
            ``(2) enhance cooperation between Homeland Security 
        Investigations and trusted and vetted foreign law enforcement 
        partners in order to identify targets, collect evidence, share 
        information, and facilitate the prosecution of transnational 
        criminal organizations both in-country and through the United 
        States judicial system.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated, $5,000,000 for each of fiscal years 2021 and 2022 to 
carry out this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 448, as added by this title, the following new 
item:

``Sec. 449. Transnational criminal investigative units.''.

SEC. 425. HOMELAND SECURITY INVESTIGATIONS INNOVATION LAB.

    (a) In General.--Subtitle D of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 450. INNOVATION LAB.

    ``(a) Establishment.--There is established within the Department a 
program, which shall be known as the `Homeland Security Investigations 
Innovation Lab' (referred to in this section as `Innovation Lab'. The 
Innovation Lab shall be headed by an Assistant Director, who shall be 
appointed by the Executive Associate Director of United States 
Immigration and Customs Enforcement, Homeland Security Investigations.
    ``(b) Purpose.--The purpose of the Innovation Lab shall be to 
improve investigative efficiency and mission-critical outcomes by 
enhancing and streamlining data processing, agility, assessment, 
visualization, and analysis of homeland security data, using innovative 
and emerging technologies and best practices for design principles. 
Innovation Lab efforts shall be informed by designated field agents and 
analysts with relevant experience.
    ``(c) Co-Location.--The Secretary of Homeland Security shall, if 
practicable, co-locate Innovation Lab personnel and office space with 
other existing assets of--
            ``(1) the Department of Homeland Security, where possible; 
        or
            ``(2) Federal facilities, where appropriate.
    ``(d) Composition.--The Innovation Lab shall be comprised of 
personnel from the following:
            ``(1) Homeland Security Investigations of U.S. Immigration 
        and Customs Enforcement.
            ``(2) Other appropriate agencies as determined by the 
        Secretary.
            ``(3) The private sector, including developers with 
        specializations in innovative and emerging technology, back end 
        architecture, or user interface design.
            ``(4) Academic institutions, including members of the 
        Department of Homeland Security Centers of Excellence.
    ``(e) Prioritization.--The Innovation Lab shall prioritize new 
projects based on communicated investigative challenges experienced by 
each Homeland Security Investigations field office. Such communication 
may be incorporated in existing annual threat analyses conducted by 
Homeland Security Investigations.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $24,700,000 for fiscal year 2021 and $27,700,000 for 
fiscal year 2022 to carry out this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 449, as added by this title, the following new 
item:

``Sec. 450. Innovation lab.''.

SEC. 426. ESTABLISHMENT OF UNITED STATES CITIZENSHIP AND IMMIGRATION 
              SERVICES.

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

``SEC. 451. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.

    ``(a) Establishment.--There is established within the Department an 
agency to be known as United States Citizenship and Immigration 
Services.
    ``(b) Director of United States Citizenship and Immigration 
Services.--There shall be at the head of United States Citizenship and 
Immigration Services a Director of United States Citizenship and 
Immigration Services (in this section referred to as the `Director').
    ``(c) Duties and Qualifications.--The Director shall--
            ``(1) have a minimum of five years of management 
        experience;
            ``(2) establish national immigration services policies and 
        priorities;
            ``(3) meet regularly with the Citizenship and Immigration 
        Services Ombudsman (established in section 452) to correct 
        serious problems identified by such Ombudsman;
            ``(4) advise the Secretary with respect to any policy or 
        operation of United States Citizenship and Immigration Services 
        that may significantly affect another component or office of 
        the Department;
            ``(5) carry out--
                    ``(A) the adjudication of nonimmigrant and 
                immigrant visa petitions;
                    ``(B) the adjudication of naturalization 
                applications;
                    ``(C) the adjudication of asylum and refugee 
                applications;
                    ``(D) adjudications performed at United States 
                Citizenship and Immigration Services service centers; 
                and
                    ``(E) all other adjudications formerly performed 
                pursuant to this section by the Immigration and 
                Naturalization Service, the Bureau of Citizenship and 
                Immigration Services, or United States Citizenship and 
                Immigration Services, as the case may be, on the day 
                before the date of the enactment of this section; and
            ``(6) carry out other duties and powers prescribed by law 
        or delegated by the Secretary.
    ``(d) Deputy Director.--There shall be in United States Citizenship 
and Immigration Services a Deputy Director, who shall assist the 
Director in the management of United States Citizenship and Immigration 
Services.
    ``(e) Chief Counsel.--There shall be in United States Citizenship 
and Immigration Services a Chief Counsel, who shall--
            ``(1) provide specialized legal advice, opinions, 
        determinations, and any other assistance to the Director with 
        respect to legal matters affecting United States Citizenship 
        and Immigration Services;
            ``(2) represent United States Citizenship and Immigration 
        Services in visa petition appeal proceedings before the 
        Executive Office for Immigration Review; and
            ``(3) carry out other duties and powers prescribed by the 
        Secretary.
    ``(f) Chief of Policy and Strategy.--There shall be in United 
States Citizenship and Immigration Services a Chief of Policy and 
Strategy, who shall--
            ``(1) make policy recommendations and perform policy 
        research and analysis on immigration services issues;
            ``(2) coordinate immigration policy issues with other 
        appropriate components and offices of the Department; and
            ``(3) carry out other duties and powers prescribed by the 
        Secretary.
    ``(g) Office of Citizenship.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services the Office of Citizenship.
            ``(2) Chief.--There shall be at the head of the Office of 
        Citizenship a Chief, who shall report to the Director.
            ``(3) Duties.--The Chief of the Office of Citizenship 
        shall--
                    ``(A) promote instruction and training on 
                citizenship responsibilities, including the development 
                of education materials and develop initiatives to 
                foster the civic integration of immigrants, for aliens 
                interested in becoming naturalized citizens of the 
                United States; and
                    ``(B) carry out other duties and powers prescribed 
                by the Director.
    ``(h) Fraud Detection and National Security Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Fraud Detection and 
        National Security Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Fraud Detection and National Security Directorate an 
        Associate Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Fraud 
        Detection and National Security Directorate shall--
                    ``(A) ensure immigration benefits are not granted 
                to individuals who--
                            ``(i) pose a threat to national security or 
                        public safety;
                            ``(ii) are known or suspected terrorists; 
                        or
                            ``(iii) seek to defraud or have previously 
                        sought to or have defrauded the immigration 
                        system of the United States;
                    ``(B) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud;
                    ``(C) conduct targeted site visits in cases in 
                which fraud is suspected;
                    ``(D) investigate and refer to U.S. Immigration and 
                Customs Enforcement, where appropriate, incidents of 
                suspected fraud, national security concerns, or other 
                civil and criminal violations of immigration laws; and
                    ``(E) carry out other duties and powers prescribed 
                by the Director.
    ``(i) Field Operations Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Field Operations 
        Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Field Operations Directorate an Associate Director, who 
        shall report to the Director.
            ``(3) Duties.--The Associate Director of the Field 
        Operations Directorate shall--
                    ``(A) oversee the domestic regional offices, 
                district offices, field offices, and field support 
                offices of United States Citizenship and Immigration 
                Services;
                    ``(B) adjudicate applications and petitions for 
                immigration benefits;
                    ``(C) interview applicants for immigration 
                benefits;
                    ``(D) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud; and
                    ``(E) carry out other duties and powers prescribed 
                by the Director.
    ``(j) Refugee, Asylum, and International Operations Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Refugee, Asylum, and 
        International Operations Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Refugee, Asylum, and International Operations Directorate 
        an Associate Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Refugee, 
        Asylum, and International Operations Directorate shall--
                    ``(A) adjudicate asylum and refugee applications;
                    ``(B) conduct screenings on individuals seeking to 
                enter the United States and migrants interdicted at 
                sea;
                    ``(C) adjudicate parole requests from individuals 
                residing outside the United States for humanitarian or 
                public benefit reasons;
                    ``(D) perform other authorized functions of United 
                States Citizenship and Immigration Services outside the 
                United States;
                    ``(E) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud; and
                    ``(F) carry out other duties and powers prescribed 
                by the Director.
    ``(k) Immigration Record and Identity Services Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services an Immigration Records and 
        Identity Services Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Immigration Records and Identity Services Directorate an 
        Associate Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Immigration 
        Records and Identity Services Directorate shall--
                    ``(A) collect and disseminate biometric information 
                to support the integrity of the immigration system;
                    ``(B) manage the employment verification system 
                pursuant to 404(a) of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996 (8 U.S.C. 
                1324a note), or successor provision;
                    ``(C) manage the automated system known as the 
                Systematic Alien Verification for Entitlements, or 
                successor system, to assist Federal, State, and local 
                benefit issuing agencies to determine the immigration 
                status of benefit applicants;
                    ``(D) provide appropriate information, including 
                immigration status and employment authorization 
                information, to relevant customers and stakeholders; 
                and
                    ``(E) carry out other duties and powers prescribed 
                by the Director.
    ``(l) Service Center Operations Directorate.--
            ``(1) In general.--There is established in United States 
        Citizenship and Immigration Services a Service Center 
        Operations Directorate.
            ``(2) Associate director.--There shall be at the head of 
        the Service Center Operations Directorate an Associate 
        Director, who shall report to the Director.
            ``(3) Duties.--The Associate Director of the Service Center 
        Operations Directorate shall--
                    ``(A) oversee the adjudication of employment-based 
                applications and petitions at United States Citizenship 
                and Immigration Services service centers;
                    ``(B) conduct security and background 
                investigations of applicants for immigration benefits 
                and develop systems and techniques for identifying 
                immigration benefit fraud;
                    ``(C) manage the employment creation visa program 
                under section 203(b)(5) of the Immigration and 
                Nationality Act (8 U.S.C. 1153(b)(5)); and
                    ``(D) carry out other duties and powers prescribed 
                by the Director.
    ``(m) Other Authorities.--
            ``(1) In general.--The Secretary may establish such other 
        Associate Directors, or other similar positions or officials, 
        as the Secretary determines necessary to carry out the 
        missions, duties, functions, and authorities of United States 
        Citizenship and Immigration Services.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the Secretary 
        shall notify the Committee on Homeland Security and the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on Homeland Security and Governmental Affairs and 
        the Committee on the Judiciary of the Senate not later than 30 
        days before exercising such authority.''.
    (b) Special Rules.--
            (1) Treatment.--Section 451 of the Homeland Security Act of 
        2002 (6 U.S.C. 271), as amended by subsection (a) of this 
        section, shall be treated as if included in such Act as of the 
        date of the enactment of such Act. In addition to the 
        functions, missions, duties, and authorities specified in such 
        amended section 451, United States Citizenship and Immigration 
        Services shall continue to perform and carry out the functions, 
        missions, duties, and authorities under section 451 of such Act 
        as in existence on the day before such date of enactment 
        (notwithstanding the treatment described in this paragraph).
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding the 
                treatment described in paragraph (1), nothing in this 
                Act may be construed as affecting in any manner any 
                rule or regulation issued or promulgated pursuant to 
                any provision of law, including section 451 of the 
                Homeland Security Act of 2002 (6 U.S.C. 271), as in 
                existence on the day before the date of the enactment 
                of this Act, and any such rule or regulation shall 
                continue to have full force and effect on and after 
                such date.
                    (B) Other actions.--Notwithstanding the treatment 
                described in paragraph (1), nothing in this Act may be 
                construed as affecting in any manner any action, 
                determination, policy, or decision pursuant to section 
                451 of the Homeland Security Act of 2002 (6 U.S.C. 271) 
                as in existence on the day before the date of the 
                enactment of this Act, and any such action, 
                determination, policy, or decision shall continue to 
                have full force and effect on and after such date.
    (c) Continuation in Office.--
            (1) Director.--The individual serving as Director of United 
        States Citizenship and Immigration Services on the day before 
        the date of the enactment of this Act may, notwithstanding the 
        treatment provision under paragraph (1) of subsection (b), 
        continue to serve as the Director of United States Citizenship 
        and Immigration Services on and after such date of enactment in 
        accordance with section 451 of the Homeland Security Act of 
        2002 (6 U.S.C. 271), as amended by subsection (a) of this 
        section, until the earlier of--
                    (A) the date on which such individual is no longer 
                eligible to serve as Director; or
                    (B) the date on which a person nominated by the 
                President to be the Director is confirmed by the Senate 
                in accordance with such amended section 451.
            (2) Other positions.--The individuals serving as Chiefs, 
        Associate Directors and other officers and officials under 
        section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) 
        on the day before the date of the enactment of this Act may, 
        notwithstanding the treatment provision under paragraph (1) of 
        subsection (b), serve as the appropriate Chiefs, Assistant 
        Directors and other officers and officials under such section 
        451 as amended by subsection (a) of this section unless the 
        Director of United States Citizenship and Immigration Services 
        determines that another individual should hold such position.
    (d) References.--
            (1) Title 5.--Section 5314 of title 5, United States Code, 
        is amended by striking ``Director of the Bureau of Citizenship 
        and Immigration Services'' and inserting ``Director of United 
        States Citizenship and Immigration Services, Department of 
        Homeland Security''.
            (2) Other references.--On and after the date of the 
        enactment of this Act, any reference in any other Federal law, 
        Executive order, rule, regulation, or delegation of authority 
        to the ``Director of the Bureau of Citizenship and Immigration 
        Services'' or the ``Bureau of Citizenship and Immigration 
        Services'' shall be deemed to be a reference to the Director of 
        United States Citizenship and Immigration Services or United 
        States Citizenship and Immigration Services, respectively.
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by amending the item relating to section 451 to 
read as follows:

``Sec. 451. United States Citizenship and Immigration Services.''.
    (f) Conforming Amendments.--The Homeland Security Act of 2002 is 
amended--
            (1) in subparagraph (E) of section 103(a) (6 U.S.C. 
        113(a)), by striking ``A Director of the Bureau of Citizenship 
        and Immigration Services'' and inserting ``A Director of United 
        States Citizenship and Immigration Services'';
            (2) in section 452 (6 U.S.C. 272)--
                    (A) in paragraphs (1), (2), and (3) of subsection 
                (b), by striking ``the Bureau of Citizenship and 
                Immigration Services'' each place it appears and 
                inserting ``United States Citizenship and Immigration 
                Services'';
                    (B) in subsection (c)--
                            (i) in subparagraphs (A) and (E) of 
                        paragraph (1), by striking ``the Bureau of 
                        Citizenship and Immigration Services'' each 
                        place it appears and inserting ``United States 
                        Citizenship and Immigration Services''; and
                            (ii) in paragraph (2), by striking 
                        ``Director of the Bureau of Citizenship and 
                        Immigration Services'' and inserting ``Director 
                        of United States Citizenship and Immigration 
                        Services'';
                    (C) in subsection (d)--
                            (i) in paragraph (2), by striking ``the 
                        Bureau of Citizenship and Immigration 
                        Services'' and inserting ``United States 
                        Citizenship and Immigration Services''; and
                            (ii) paragraph (4), by striking ``Director 
                        of the Bureau of Citizenship and Immigration 
                        Services'' and inserting ``Director of United 
                        States Citizenship and Immigration Services'';
                    (D) in paragraph (2) of subsection (e), by striking 
                ``the Bureau of Citizenship and Immigration Services'' 
                and inserting ``United States Citizenship and 
                Immigration Services'';
                    (E) in subsection (f)--
                            (i) in the heading, by striking ``Bureau of 
                        Citizenship and Immigration Services'' and 
                        inserting ``United States Citizenship and 
                        Immigration Services''; and
                            (ii) by striking ``Director of the Bureau 
                        of Citizenship and Immigration Services'' and 
                        inserting ``Director of United States 
                        Citizenship and Immigration Services''; and
                    (F) in subsection (g)--
                            (i) in subparagraphs (B) and (D) of 
                        paragraph (1), by striking ``the Bureau of 
                        Citizenship and Immigration Services'' each 
                        place it appears and inserting ``United States 
                        Citizenship and Immigration Services''; and
                            (ii) in paragraph (2), by striking ``the 
                        Bureau of Citizenship and Immigration 
                        Services'' each place it appears and inserting 
                        ``United States Citizenship and Immigration 
                        Services'';
            (3) in section 453 (6 U.S.C. 273)--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Director of the Bureau of 
                        Citizenship and Immigration Services'' and 
                        inserting ``Director of United States 
                        Citizenship and Immigration Services'';
                            (ii) in paragraphs (1) and (3), by striking 
                        ``the Bureau of Citizenship and Immigration 
                        Services'' each place it appears and inserting 
                        ``United States Citizenship and Immigration 
                        Services''; and
                            (iii) in paragraph (2)--
                                    (I) by striking ``the Bureau of 
                                Citizenship and Immigration Services'' 
                                and inserting ``United States 
                                Citizenship and Immigration Services''; 
                                and
                                    (II) by striking ``such bureau'' 
                                and inserting ``United States 
                                Citizenship and Immigration Services''; 
                                and
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``Bureau of Citizenship and 
                Immigration Services'' and inserting ``United States 
                Citizenship and Immigration Services'';
            (4) in section 456 (6 U.S.C. 275) by striking ``Director of 
        the Bureau of Citizenship and Immigration Services'' each place 
        it appears and inserting ``Director of United States 
        Citizenship and Immigration Services'';
            (5) in subparagraph (A) of section 462(b)(2) (6 U.S.C. 
        279(b)(2)), by striking ``Director of the Bureau of Citizenship 
        and Immigration Services'' and inserting ``Director of United 
        States Citizenship and Immigration Services'';
            (6) in subsections (a), (b), and (d) of section 476 (6 
        U.S.C. 296), by striking ``the Bureau of Citizenship and 
        Immigration Services'' each place it appears and inserting 
        ``United States Citizenship and Immigration Services''; and
            (7) in section 478 (6 U.S.C. 298)--
                    (A) by striking subsection (b);
                    (B) by striking the following:
    ``(a) Annual Report.--
            ``(1) In general.--One year after'';
                    (C) by inserting the following:
    ``(a) In General.--One year after'';
                    (D) by striking the following:
            ``(2) Matter included.--The report shall'';
                    (E) by inserting the following:
    ``(b) Matter Included.--The report shall'';
                    (F) by redesignating subparagraphs (A) through (H) 
                as paragraphs (1) through (8), respectively; and
                    (G) by striking ``The Department of Justice'' in 
                new paragraph (5) and replacing it with ``The 
                Department of Homeland Security''.
    (g) Repeals.--
            (1) In general.--The following provisions of the Homeland 
        Security Act of 2002 are repealed:
                    (A) Section 459 (6 U.S.C. 276).
                    (B) Section 460 (6 U.S.C. 277).
                    (C) Section 461 (6 U.S.C. 278).
                    (D) Section 472 (6 U.S.C. 292).
                    (E) Section 473 (6 U.S.C. 293).
                    (F) Section 474 (6 U.S.C. 294).
                    (G) Section 475 (6 U.S.C. 295).
                    (H) Section 477 (6 U.S.C. 297).
            (2) Clerical amendments.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        striking the items relating to the following sections:
                    (A) Section 459.
                    (B) Section 460.
                    (C) Section 461.
                    (D) Section 472.
                    (E) Section 473.
                    (F) Section 474.
                    (G) Section 475.
                    (H) Section 477.
    (h) Employee Discipline.--Section 454 of the Homeland Security Act 
of 2002 (6 U.S.C. 274) is amended to read as follows:

``SEC. 454. EMPLOYEE DISCIPLINE.

    ``Notwithstanding any other provision of law, the Secretary may 
impose disciplinary action on any employee of United States Citizenship 
and Immigration Services who knowingly deceives Congress or agency 
leadership on any matter.''.
    (i) Combination Prohibition.--
            (1) In general.--Section 471 of the Homeland Security Act 
        of 2002 (6 U.S.C. 291) is amended to read as follows:

``SEC. 471. COMBINATION PROHIBITION.

    ``The authority provided by section 1502 may be used to reorganize 
functions or organizational units within U.S. Immigration and Customs 
Enforcement or United States Citizenship and Immigration Services, but 
may not be used to combine the two components into a single agency or 
otherwise to combine, join, or consolidate functions or organizational 
units of the two components with each other.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        amending the item relating to section 471 to read as follows:

``Sec. 471. Combination prohibition.''.

SEC. 427. FRAUD PREVENTION.

    (a) Prospective Analytics Technology.--
            (1) Plan for implementation.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of 
        Homeland Security shall develop a plan to digitize the 
        remaining paper biometrics files of past immigration benefits 
        applications and use advanced analytics software to ensure the 
        proactive detection of fraud in immigration benefits 
        applications and petitions and to ensure that any such 
        applicant or petitioner does not pose a threat to national 
        security.
            (2) Implementation of plan.--Not later than one year after 
        the date of the submission of the plan under subsection (1), 
        the Secretary of Homeland Security shall begin implementation 
        of the plan.

SEC. 428. BORDER SECURITY AND TRADE MODERNIZATION TRUST FUND.

    (a) Border Security Trust Fund.--Subtitle C of title IV of the 
Homeland Security Act of 2002, as amended by this title, is further 
amended by adding at the end the following new section:

``SEC. 438. BORDER SECURITY AND TRADE MODERNIZATION TRUST FUND.

    ``(a) Establishment.--There is hereby established in the Treasury 
of the United States a trust fund to be known as the `Border Security 
and Trade Modernization Trust Fund' (in this section referred to as the 
`Fund').
    ``(b) Deposits to the Fund.--There shall be deposited in the Fund 
the following:
            ``(1) Amounts authorized and appropriated to that Fund.
            ``(2) Surcharges established in subsection (f).
            ``(3) Gifts accepted pursuant to subsection (g).
            ``(4) Penalties collected under subchapter II of chapter 12 
        of title 8, United States Code.
    ``(c) Use of Amounts in Fund.--
            ``(1) The Secretary may use amounts in the fund without 
        further appropriation to carry out the following activities 
        included in the Border Security Improvement Plan submitted 
        under section 439:
                    ``(A) Acquisition, construction, and installation 
                of physical barriers, tactical infrastructure, cameras, 
                sensors and other technology.
                    ``(B) Acquisition, construction, renovation, and 
                improvement of short-term detention facilities used for 
                processing of individuals detained by U.S. Customs and 
                Border Protection and long-term detention facilities 
                used for individuals detained by U.S. Immigration and 
                Customs Enforcement, including facilities to 
                accommodate family units.
                    ``(C) Acquisition, construction, renovation, and 
                improvement of port of entry facilities.
            ``(2) Amounts in the fund shall remain available until 
        expended.
    ``(d) Limitation on Expenditure.--
            ``(1) Amounts deposited in the Fund may not be used for any 
        activity except those provided for in this section.
            ``(2) The Secretary may not expend amounts from the Fund in 
        any fiscal year in which the Border Security Improvement Plan 
        has not been submitted pursuant to section 439.
    ``(e) Limitation on Obligation.--The Secretary may not incur an 
obligation under a contract or other agreement entered into to carry 
out an activity under this section in excess of the unobligated 
balance, at the time the contract or agreement is entered into, of the 
Fund required to be used to satisfy the obligation.
    ``(f) Border Security Surcharge.--
            ``(1) In general.--Notwithstanding any other provision of 
        law--
                    ``(A) the Secretary shall charge a surcharge of--
                            ``(i) $40 on the immigrant user fee 
                        established under section 286(m) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1356(m)); and
                            ``(ii) $6 on the land border inspection fee 
                        established under section 286(q) of such Act (8 
                        U.S.C. 1356(q)); and
                    ``(B) the Secretary of State shall charge a 
                surcharge of $20 on the machine-readable visa fee 
                established under section 103 of the Enhanced Border 
                Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
                1713).
            ``(2) Deposit of surcharges.--Surcharges collected under 
        this subsection shall be deposited in the Fund established 
        under this section.
    ``(g) Acceptance of Donations.--Notwithstanding section 3113 of 
title 31, the Secretary of the Treasury may accept for the Government a 
gift of money for deposit in the Fund.
    ``(h) Sunset.--Amounts may not be deposited in the Fund and 
surcharges authorized under subsection (f) may not be collected on the 
date that is the sooner of--
            ``(1) the date on which the Secretary notifies the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate that amounts deposited in the Fund exceed 
        $35,000,000,000; or
            ``(2) 15 years after the first date on which amounts are 
        deposited in the Fund under subsection (b).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 437, as added by this title, the following new 
item:

``Sec. 438. Border Security and Trade Modernization Trust Fund.''.
    (c) Conforming Amendment.--Notwithstanding any other provision of 
law, penalties collected under subchapter II of chapter 12 of title 8, 
United States Code, shall be deposited in the Border Security and Trade 
Modernization Trust Fund established under section 438 of the Homeland 
Security Act of 2002, as added by this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Border Security and Trade Modernization Trust Fund 
established under section 438 of the Homeland Security Act of 2002, as 
added by this section, $4,500,000,000 for each of fiscal years 2021 and 
2022.

SEC. 429. BORDER SECURITY IMPROVEMENT PLAN.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002, as amended by this title, is further amended by adding at 
the end the following:

``SEC. 439. BORDER SECURITY IMPROVEMENT PLAN.

    ``(a) In General.--On the date the President submits to Congress a 
budget pursuant to section 1105 of title 31, United States Code, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Senate, and the 
Comptroller General of the United States a risk-based plan for 
improving security along the land borders of the United States.
    ``(b) Topics.--The plan required under subsection (a) shall include 
a needs assessment and prioritization of projects regarding the 
following:
            ``(1) Physical barriers, fencing, and tactical 
        infrastructure.
            ``(2) Border Patrol mission-related technology including 
        cameras, sensors, anti-tunnel detection, persistent 
        surveillance and mobile and relocatable technologies.
            ``(3) Border Patrol access to the border including patrol 
        roads and lighting.
            ``(4) Office of Field Operations mission-related port of 
        entry technology including non-intrusive inspection systems.
            ``(5) Office of Field Operations port of entry and facility 
        modernization.
            ``(6) Border Patrol interior checkpoint and facility 
        modernization.
            ``(7) Customs and Border Protection short-term detention 
        capacity.
            ``(8) Immigration and Customs Enforcement long-term 
        detention facility capacity.
    ``(c) Elements.--The plan required under subsection (a) shall 
include the following elements:
            ``(1) A statement of goals, objectives, activities, and 
        milestones for the plan.
            ``(2) A detailed implementation schedule for the plan, 
        including estimates for the planned obligation of funds for the 
        following five fiscal years that are linked to the milestone-
        based delivery of specific--
                    ``(A) capabilities and services;
                    ``(B) mission benefits and outcomes;
                    ``(C) program management capabilities; and
                    ``(D) life cycle cost estimates.
            ``(3) A description of the manner in which specific 
        projects under the plan will enhance border security goals and 
        objectives and address the highest priority border security 
        needs.
            ``(4) An identification of the planned locations, 
        quantities, and types of projects considered under the plan.
            ``(5) A description of the methodology and analyses used to 
        inform the assessment conducted pursuant to subparagraph (b) 
        for deployment to particular locations under the plan that 
        includes the following:
                    ``(A) Analyses of alternatives, where appropriate, 
                including comparative costs and benefits.
                    ``(B) An assessment of effects on relevant 
                government and non-government stakeholders.
                    ``(C) A description of other factors critical to 
                the decision-making process.
            ``(6) An identification of staffing requirements under the 
        plan, including full-time equivalents, contractors, and 
        detailed personnel, disaggregated by activity.
            ``(7) A description of performance metrics for the plan for 
        assessing and reporting on the contributions of border security 
        capabilities realized from current and future investments.
            ``(8) A migrant surge response plan to improve the 
        Department of Homeland Security response rate to future crises.
            ``(9) A description of the status of the actions of the 
        Department of Homeland Security to address open recommendations 
        by the Office of the Inspector General of the Department and 
        the Government Accountability Office relating to border 
        security, including plans, schedules, and associated milestones 
        for fully addressing such recommendations.
            ``(10) A plan to consult State and local elected officials 
        on the eminent domain and construction process relating to 
        physical barriers (except that such requirement may be 
        satisfied through the submission of existing plans).
            ``(11) Certifications by the Under Secretary for Management 
        of the Department of Homeland Security that--
                    ``(A) the plan has been reviewed and approved in 
                accordance with an acquisition review management 
                process that complies with capital planning and 
                investment control and review requirements established 
                by the Office of Management and Budget, including as 
                provided in Circular A-11, part 7; and
                    ``(B) all activities under the plan comply with 
                Federal acquisition rules, requirements, guidelines, 
                and practices.
    ``(d) GAO Evaluation.--Not later than 120 days after receipt of the 
plan required under subsection (a) by the Comptroller General of the 
United States, the Comptroller General shall evaluate the plan and 
report to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate on any concerns or recommendations for 
improvement, as the Comptroller General determines appropriate.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 438, as added by this title, the following new 
item:

``Sec. 439. Border security improvement plan.''.

SEC. 430. INTEGRATED BORDER ENFORCEMENT TEAMS.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 440. INTEGRATED BORDER ENFORCEMENT TEAMS.

    ``(a) Establishment.--There is established within the Department a 
program to be known as the Integrated Border Enforcement Team program 
(referred to in this section as `IBET').
    ``(b) Purpose.--The purpose of IBET is to enhance border security 
in a manner that results in a cooperative approach between the United 
States and Canada to--
            ``(1) strengthen security between designated ports of 
        entry;
            ``(2) detect, investigate, prevent, and respond to 
        terrorism, transnational criminal organizations, and other 
        violations of law related to border security;
            ``(3) facilitate collaboration among components and offices 
        within the Department and international partners;
            ``(4) execute coordinated activities in furtherance of 
        border security and homeland security; and
            ``(5) enhance information-sharing, including the 
        dissemination of homeland security information among such 
        components and offices.
    ``(c) Composition and Establishment of Units.--
            ``(1) Composition.--IBET units may be comprised of 
        personnel from the following:
                    ``(A) U.S. Customs and Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) Other Department personnel, as appropriate.
                    ``(D) Other Federal, State, local, Tribal, and 
                foreign law enforcement agencies, as appropriate.
                    ``(E) Other appropriate personnel at the discretion 
                of the Secretary.
            ``(2) Establishment of units.--The Secretary is authorized 
        to establish IBET units in regions in which such units can 
        contribute to IBET missions, as appropriate. When establishing 
        an IBET unit, the Secretary shall apply risk-based criteria 
        that takes into consideration the following:
                    ``(A) Whether the region in which the IBET unit 
                would be established is significantly impacted by 
                cross-border threats, including threats posed by 
                transnational criminal organizations and terrorist 
                groups.
                    ``(B) The availability of Federal, State, local, 
                Tribal, and foreign law enforcement resources to 
                participate in the IBET unit.
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the IBET unit would be 
                established.
            ``(3) Duplication of efforts.--In determining whether to 
        establish a new IBET unit or to expand an existing IBET unit in 
        a given region, the Secretary shall ensure that the IBET unit 
        under consideration does not duplicate the efforts of other 
        existing interagency task forces or centers within such region, 
        including the Border Enforcement Security Task Force 
        established under section 443.
    ``(d) Operation.--After determining the regions in which to 
establish IBET units under subsection (c)(2), the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        IBET units;
            ``(2) take other actions to assist Federal, State, local, 
        and Tribal entities to participate in such IBET units, 
        including providing financial assistance, as appropriate, for 
        operational, administrative, and technological costs associated 
        with such participation;
            ``(3) direct the development of policy and guidance 
        necessary to identify, assess, and integrate the available 
        partner resources in relevant border sector security 
        assessments and resource planning documents;
            ``(4) establish targets and performance measures for such 
        IBET units; and
            ``(5) direct leadership of such IBET units to monitor 
        progress on such targets and performance measures.
    ``(e) Coordination.--The Secretary shall coordinate IBET activities 
with other similar border security and antiterrorism programs within 
the Department in accordance with the strategic objectives of the 
Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in subsection (c)(1) as necessary to carry out this 
section. Such memoranda with entities specified in subsection (c)(1)(G) 
shall be entered into with the concurrence of the Secretary of State.
    ``(g) Report.--Not later than 180 days after the date on which IBET 
is established and biannually thereafter for the following six years, 
the Secretary shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that--
            ``(1) describes the effectiveness of IBET units in 
        fulfilling the purposes specified in subsection (b);
            ``(2) identifies challenges on the sustainment of cross-
        border IBET operations, including challenges faced by 
        international partners, and planned corrective actions;
            ``(3) identifies costs associated with IBET units broken 
        down by relevant categories designated at the Secretary's 
        discretion;
            ``(4) identifies ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(5) identifies and assesses ways IBET, Border Tunnel Task 
        Forces, Border Enforcement Security Task Forces, and the 
        Integrated Cross-Border Maritime Law Enforcement Operation 
        Program can better align operations, including interdiction and 
        investigation activities.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 439, as added by this title, the following new 
item:

``Sec. 440. Integrated Border Enforcement Teams.''.

SEC. 431. NO BAN ON INFORMATION SHARING.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002, as amended by this title, is further amended by adding at 
the end the following new section:

``SEC. 440A. ACCESS TO STATE, LOCAL, TRIBAL, AND TERRITORIAL 
              INFORMATION.

    ``(a) Authorization of Use.--
            ``(1) In general.--In the course of an investigation 
        concerning a Federal crime within the jurisdiction of the 
        Department, the Secretary may issue in writing and cause to be 
        served a subpoena requiring the production of any biographical 
        records, State-issued identification information, driving 
        record information, vehicle registration information, or 
        criminal history information of a specific individual from a 
        State, local, Tribal, or territorial agency or department that 
        the Secretary determines relevant to such investigation, or 
        requiring testimony by the custodian of such materials to be 
        produced concerning the production and authenticity of such 
        materials.
            ``(2) Contents.--A subpoena issued under paragraph (1) 
        shall describe the information described in such paragraph 
        required to be produced and prescribe a return date within a 
        reasonable period of time within which such information can be 
        assembled and made available.
            ``(3) Production of records.--The production of information 
        under paragraph (1) may be required from any State, local, 
        Tribal, or territorial agency or department in any State, or in 
        any territory or other place subject to the jurisdiction of the 
        United States at any designated place of hearing.
    ``(b) Service.--
            ``(1) In general.--A subpoena issued under this section may 
        be served by any person designated in the subpoena as the agent 
        of service.
            ``(2) Service of subpoena.--
                    ``(A) State, local, tribal, or territorial agencies 
                and departments.--Service of a subpoena may be made 
                upon a State, local, Tribal, or territorial agency or 
                department, by delivering the subpoena to an officer, 
                to a managing or general agent, or to any other agent 
                authorized by appointment or by law to receive service 
                of process.
                    ``(B) Proof of service.--The affidavit of the 
                person serving the subpoena entered by that person on a 
                true copy thereof shall be sufficient proof of service.
    ``(c) Enforcement.--
            ``(1) In general.--In the case of the contumacy by, or 
        refusal to obey a subpoena issued to, any State, local, Tribal, 
        or territorial agency or department, the Secretary, in 
        coordination with the Attorney General, may invoke the aid of 
        any court of the United States within the jurisdiction of which 
        the investigation described in subsection (a) is being 
        conducted or within the jurisdiction that the subject of such 
        investigation is located, to compel compliance with such 
        subpoena.
            ``(2) Order.--A court of the United States described in 
        paragraph (1) may issue an order requiring the subpoenaed State 
        agency or department, in accordance with such subpoena, to 
        appear, to produce records, or to give testimony relating to 
        the matter under investigation. Any failure to obey the order 
        of the court may be punished by the court as contempt thereof.
            ``(3) Service of process.--Any process under this 
        subsection may be served in any judicial district in which the 
        State, local, Tribal, or territorial agency or department may 
        be found.
    ``(d) Nondisclosure Requirement.--
            ``(1) In general.--If the Secretary certifies that 
        otherwise there may result a danger to the national security of 
        the United States, no person may disclose to any other person 
        that a subpoena was received or information was provided 
        pursuant to this section, other than to--
                    ``(A) those persons to whom such disclosure is 
                necessary in order to comply with such subpoena;
                    ``(B) an attorney to obtain legal advice with 
                respect to testimony or the production of information 
                in response to such subpoena; or
                    ``(C) other persons as permitted by the Secretary.
            ``(2) Notice of nondisclosure requirement.--The subpoena, 
        or an officer, employee, or agency of the United States in 
        writing, shall notify the State, local, Tribal, or territorial 
        agency or department to whom such subpoena is directed of the 
        nondisclosure requirements under paragraph (1).
            ``(3) Further applicability of nondisclosure 
        requirements.--Any person who receives a disclosure under this 
        subsection shall be subject to the same prohibitions on 
        disclosure described in paragraph (1).
            ``(4) Enforcement of nondisclosure requirement.--Whoever 
        knowingly violates paragraph (1) or (3) shall be imprisoned for 
        not more than one year, and if such violation is committed with 
        the intent to obstruct an investigation or judicial proceeding, 
        shall be imprisoned for not more than five years.
            ``(5) Termination of nondisclosure requirement.--If the 
        Secretary determines that a nondisclosure requirement no longer 
        is justified by a danger to the national security of the United 
        States, an officer, employee, or agency of the United States 
        shall notify the relevant State, local, Tribal, or territorial 
        agency or department that the prohibition of disclosure is no 
        longer applicable.
    ``(e) Judicial Review.--
            ``(1) In general.--At any time before the return date 
        specified in a subpoena issued under this section, the State, 
        local, Tribal, or territorial agency or department summoned 
        may, in the United States district court for the district in 
        which such State, local, Tribal, or territorial agency or 
        department does business or resides, petition for an order 
        modifying or setting aside such subpoena.
            ``(2) Modification of nondisclosure requirement.--Any court 
        described in paragraph (1) may modify or set aside a 
        nondisclosure requirement imposed under subsection (d) at the 
        request of a State, local, Tribal, or territorial agency or 
        department to whom a subpoena has been directed, unless there 
        is reason to believe that such nondisclosure requirement is 
        justified because otherwise there may result a danger to the 
        national security of the United States.
            ``(3) Review of government submissions.--In all proceedings 
        under this subsection, the court shall review the submission of 
        the Federal Government, which may include classified 
        information, ex parte and in camera.
    ``(f) Immunity From Civil Liability.--Any State, local, Tribal, or 
territorial agency or department, including officers, agents, and 
employees of a non-natural person, who in good faith produce the 
information requested in a subpoena, shall not be liable in any court 
of the United States to any customer or other person for such 
production, or for nondisclosure of such production to the customer or 
other person.
    ``(g) Guidelines.--The Secretary shall, by rule, establish such 
guidelines as are necessary to ensure the effective implementation of 
this section.
    ``(h) Annual Reports.--The Secretary shall annually 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 (which may include a classified annex but with the presumption 
of declassification) on the use of subpoenas under this subsection by 
the Secretary, which shall include a discussion of--
            ``(1) the number of and reason for the subpoenas issued 
        under this section by the Secretary during the preceding year; 
        and
            ``(2) a description of the outcome of each such 
        subpoena.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 440, as added by this title, the following new 
item:

``Sec. 440A. Access to State, local, Tribal, and territorial 
                            information.''.

SEC. 432. BORDER SECURITY ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish a Border Security Advisory Committee (referred to in this 
section as the ``Advisory Committee'').
    (b) Duties.--
            (1) In general.--The Secretary of Homeland Security shall 
        consult the Advisory Committee, as appropriate, on border 
        security matters, including the following:
                    (A) Verifying security claims and the border 
                security metrics established by the Department of 
                Homeland Security under section 1092 of the National 
                Defense Authorization Act for Fiscal Year 2017 (Public 
                Law 114-328; 6 U.S.C. 223).
                    (B) Developing, refining, and implementing 
                policies, programs, initiatives, rulemakings, and 
                security directives pertaining to border security.
            (2) Recommendations.--The Advisory Committee shall develop, 
        at the request of the Secretary of Homeland Security, 
        recommendations for improvements to border security and may 
        provide, through the Secretary, recommendations to Congress.
    (c) Membership.--
            (1) Composition.--The Advisory Committee shall be composed 
        of the following:
                    (A) Voting members appointed by the Secretary.
                    (B) Nonvoting members, serving in an advisory 
                capacity, who shall be designated by--
                            (i) Customs and Border Protection;
                            (ii) Immigration and Customs Enforcement;
                            (iii) the Coast Guard; and
                            (iv) such other Federal department or 
                        agency as the Secretary considers appropriate.
            (2) Appointment.--The Secretary of Homeland Security shall 
        appoint voting members from among stakeholders including 
        representatives from the following:
                    (A) Labor organizations representing Federal law 
                enforcement personnel with border security as their 
                primary mission.
                    (B) Relevant Federal, State, local, and Tribal law 
                enforcement, first responders, and security experts 
                with at least five years of border security operations 
                or research experience in a state that borders the 
                northern, southern, or coastal borders of the United 
                States.
                    (C) Former officials of the Department of Homeland 
                Security with experience in border security.
                    (D) Other groups as the Secretary considers 
                appropriate.
            (3) Chairperson.--The Advisory Committee shall select a 
        chairperson from among its voting members.
            (4) Term of office.--
                    (A) In general.--The term of each voting member of 
                the Advisory Committee shall be 2 years, but a voting 
                member may continue to serve until the Secretary of 
                Homeland Security appoints a successor.
                    (B) Reappointment.--A voting member of the Advisory 
                Committee may be reappointed.
                    (C) Removal.--The Secretary of Homeland Security 
                may review the participation of a member of the 
                Advisory Committee and remove such member for cause at 
                any time.
    (d) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Border Security Advisory Committee.

SEC. 433. BORDER TUNNEL DETECTION.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 420C. BORDER TUNNEL TASK FORCES.

    ``(a) Establishment.--There is established within the Department a 
program to be known as the Border Tunnel Task Force program (referred 
to in this section as `BTTF').
    ``(b) Purpose.--The purpose of BTTF established pursuant to 
subsection (a) is to enhance and integrate border security efforts by 
identifying, reducing, and remediating cross-border tunnel related 
threats by--
            ``(1) facilitating collaboration among Federal, State, 
        local, and Tribal law enforcement agencies to execute 
        coordinated activities; and
            ``(2) enhancing information-sharing, including the 
        dissemination of homeland security information, among such 
        agencies.
    ``(c) Composition and Establishment of Border Tunnel Task Force 
Units.--
            ``(1) Composition.--BTTF units may be comprised of 
        personnel from the following:
                    ``(A) U.S. Customs and Border Protection, led by 
                the U.S. Border Patrol.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) Other Department components and offices, as 
                appropriate.
                    ``(D) Other Federal, State, local, Tribal, and 
                foreign law enforcement agencies, as appropriate.
                    ``(E) Other appropriate personnel at the discretion 
                of the Secretary.
            ``(2) Establishment of units.--The Secretary is authorized 
        to establish BTTF units in regions in which the Secretary 
        determines such units can contribute to the Department's border 
        security efforts to identify, reduce, and remediate cross-
        border tunnel threats. When establishing a BTTF unit, the 
        Secretary shall apply risk-based criteria that takes into 
        consideration the following:
                    ``(A) Whether the areas in which such BTTF units 
                would be established are significantly impacted by 
                cross-border tunnel threats.
                    ``(B) The availability of Federal, State, local, 
                and Tribal law enforcement resources to participate in 
                such BTTF units.
                    ``(C) Whether other similar joint cross-border 
                tunnel detection initiatives already take place within 
                the region in which the BTTF unit would be established.
    ``(d) Duplication of Efforts.--In determining whether to establish 
a new BTTF unit or to expand an existing BTTF unit in a given region, 
the Secretary shall ensure that the BTTF unit under consideration does 
not unnecessarily duplicate the efforts of other existing interagency 
task forces or centers within such jurisdiction.
    ``(e) Operation.--After determining the regions in which to 
establish BTTF units under subsection (c)(2), the Secretary may--
            ``(1) direct the assignment of Federal personnel to such 
        BTTF units;
            ``(2) take other actions to assist Federal, State, local, 
        and Tribal entities to participate in such BTTF units, 
        including providing financial assistance, as appropriate, for 
        operational, administrative, and technological costs associated 
        with such participation;
            ``(3) direct the development of policy and guidance 
        necessary to identify, assess, and integrate the available 
        partner resources in relevant border sector security 
        assessments and resource planning documents;
            ``(4) establish standard operating procedures, targets, and 
        performance measures for BTTF units; and
            ``(5) direct leadership of each BTTF unit to monitor 
        progress on such targets and performance measures for each such 
        unit.
    ``(f) Coordination.--The Secretary shall coordinate BTTF activities 
with other similar border security and antiterrorism programs within 
the Department that handle matters relating to cross-border tunnel 
threat detection.
    ``(g) Authorization of Tunnel Remediation Access.--Notwithstanding 
any other provision of law, U.S. Customs and Border Protection shall 
have immediate access to Federal land for the remediation of tunnels 
used to facilitate illicit cross-border activities across the 
international borders of the United States.
    ``(h) Report.--Not later than 180 days after the date on which BTTF 
is established and biannually thereafter for the following six years, 
the Secretary shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that--
            ``(1) describes the effectiveness of BTTF in fulfilling the 
        purposes specified in subsection (b);
            ``(2) identifies challenges to the sustainment of cross-
        border BTTF operations and planned corrective actions;
            ``(3) identifies costs associated with BTTF units broken 
        down by relevant categories designated at the Secretary's 
        discretion;
            ``(4) identifies ways to support joint training for BTTF 
        stakeholder agencies;
            ``(5) identifies and assesses ways BTTF, IBET, and Border 
        Enforcement Security Task Forces can better align operations, 
        including interdiction and investigation activities; and
            ``(6) identifies gaps in BTTF technological capability to 
        detect cross-border tunnel threats.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 420B, as added by this title, the following 
new item:

``Sec. 420C. Border Tunnel Task Forces.''.

SEC. 434. SUBTERRANEAN OPERATIONS.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is 
further amended by adding at the end the following new section:

``SEC. 420D. NATIONAL SUBTERRANEAN OPERATIONS PROGRAM.

    ``(a) Establishment.--There is established within U.S. Customs and 
Border Protection a program to known as the `National Subterranean 
Operations Program' (referred to in this section as `the program'). The 
program shall be headed by an Assistant Chief, who shall be appointed 
by the Chief of the U.S. Border Patrol.
    ``(b) Purpose.--The purpose of the program is the following:
            ``(1) To apply risk-based criteria to interdict and 
        remediate illicit cross-border tunnels identified by 
        technology, intelligence leads, agency partners, and relevant 
        Federal entities as determined by the Assistant Chief.
            ``(2) To patrol and secure underground municipal 
        infrastructure.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated $4,000,000 for each of fiscal years 2021 and 2022 to carry 
out this section.''.
    (b) Counter Tunnel Operations Strategic Plan.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Assistant Chief of the National 
        Subterranean Operations Program of U.S. Customs and Border 
        Protection (established pursuant to section 420 of the Homeland 
        Security Act of 2002 (as added by subsection (a))) shall 
        establish the following:
                    (A) Risk-based criteria to be used to prioritize 
                the interdiction and remediation of illicit cross-
                border tunnels identified by technology, intelligence 
                leads, agency partners, and other relevant Federal 
                entities as determined by the Assistant Chief.
                    (B) Best practices for interdicting and remediating 
                illicit cross-border tunnels.
                    (C) Processes, in coordination with Homeland 
                Security Investigations and relevant Federal entities 
                as determined by the Assistant Chief, to request and 
                share relevant illicit cross-border tunnel location, 
                operations, and technical information.
                    (D) Indicators of specific types of illicit cross-
                border tunnels found in each U.S. Border Patrol sector 
                to be periodically disseminated to U.S. Border Patrol 
                sector chiefs to educate field personnel.
                    (E) A counter illicit cross-border tunnel 
                operations resource needs assessment that includes 
                consideration of the following:
                            (i) Technology needs for conducting counter 
                        illicit cross-border tunnel operations.
                            (ii) Staffing needs, including the 
                        following:
                                    (I) A position description for U.S. 
                                Border Patrol counter cross-border 
                                tunnel operations personnel.
                                    (II) Specialized skills required of 
                                counter cross-border tunnel operations 
                                personnel.
                                    (III) The number of full-time 
                                employees needed to conduct illicit 
                                counter cross-border tunnel operations, 
                                disaggregated by U.S. Border Patrol 
                                sector.
                                    (IV) Training requirements for 
                                identified staffing needs.
            (2) Report to congress.--Not later than one year after the 
        date of enactment of this Act, the Commissioner of U.S. Customs 
        and Border Protection shall submit to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate a 
        report on the implementation of subsection (b).
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 420C, as added by this title, the following 
new item

``Sec. 420D. National Subterranean Operations Program.''.

SEC. 435. BORDER ENFORCEMENT SECURITY TASK FORCE UPDATES.

    (a) Updated Purpose.--Subsection (b) of section 432 of the Homeland 
Security Act of 2002 (6 U.S.C. 240) is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) detecting, investigating, preventing, and responding 
        to terrorism, transnational criminal organizations, and other 
        violations of law related to border security.''.
    (b) Updated Considerations for Establishment of Units.--Paragraph 
(2) of section 432(c) of the Homeland Security Act of 2002 (6 U.S.C. 
240(c)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) in the first sentence, by striking 
                ``jurisdictions'' and inserting ``regions'';
                    (B) by striking ``Before'' and inserting ``When''; 
                and
                    (C) by striking ``shall consider'' and inserting 
                ``shall apply risk-based criteria that takes into 
                consideration'';
            (2) in subparagraph (B), by inserting ``and'' after the 
        semicolon at the end; and
            (3) by striking subparagraphs (C) and (D) and inserting the 
        following new subparagraph:
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the BEST unit would be 
                established.''.
    (c) Updated Report.--Subsection (e) of section 432 of the Homeland 
Security Act of 2002 (6 U.S.C. 240) is amended to read as follows:
    ``(e) Reports.--Not later than 180 days after the date of the 
enactment of this subsection and biannually thereafter for the 
following six years, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report 
that--
            ``(1) describes the effectiveness of BEST units in 
        fulfilling the purposes specified in subsection (b);
            ``(2) identifies challenges to the sustainment of cross-
        border BEST operations, including challenges faced by 
        international partners, and planned corrective actions;
            ``(3) identifies costs associated with BEST units, broken 
        down by relevant categories designated at the Secretary's 
        discretion;
            ``(4) identifies ways to support joint training for BEST 
        stakeholder agencies;
            ``(5) identifies and assesses ways BTTF under section 420C, 
        IBET units under section 440, and BEST units can better align 
        operations, including interdiction and investigation 
        activities; and
            ``(6) identifies and assesses gaps in BEST technological 
        capability to detect transnational criminal organizations or 
        terrorist threats.''.
    (d) Updated Report.--Not later than 180 days after the date of the 
enactment of this Act and biannually thereafter for the following six 
years, 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 report 
reflected in subparagraph (e).
    (e) Technical and Conforming Amendments.--Section 432 of the 
Homeland Security Act of 2002 (6 U.S.C. 240) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)(D), by inserting a semicolon 
                at the end; and
                    (B) in paragraph (3), by striking ``jurisdiction'' 
                each place it appears and inserting ``region''; and
            (2) in subsection (d), in the matter preceding paragraph 
        (1), by striking ``jurisdictions'' and inserting ``regions''.

SEC. 436. EXTENSION OF PORT OF ENTRY DONATION AUTHORITY.

    Subparagraph (A) of section 482(b)(4) of the Homeland Security Act 
of 2002 (6 U.S.C. 301a(b)(4)) is amended by striking ``4 years'' and 
inserting ``8 years''.

                    TITLE V--TRANSPORTATION SECURITY

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR SALARIES, OPERATION, AND 
              MAINTENANCE OF THE TRANSPORTATION SECURITY 
              ADMINISTRATION.

    Subsection (v) of section 114 of title 49, United States Code, is 
amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon 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 new paragraph:
            ``(4) $8,076,294,000 for fiscal year 2022.''.

SEC. 502. RETENTION OF SECURITY SERVICE FEE BY THE TRANSPORTATION 
              SECURITY ADMINISTRATION.

    (a) In General.--Subsection (i) of section 44940 of title 49, 
United States Code, is repealed.
    (b) Conforming Amendment.--Paragraph (3) of section 44940(c) is 
amended by striking ``Beginning on October 1, 2027, fees'' and 
inserting ``Fees''.

SEC. 503. EMERGING AND FUTURE THREATS TASK FORCE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration, in consultation with the Director of National 
Intelligence and the intelligence community (as such term is defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) 
and the heads of other Federal agencies, as determined appropriate by 
the Administrator, shall establish a task force to conduct an analysis 
of emerging and potential future threats to transportation security.
    (b) Membership.--The task force established under subsection (a) 
shall be comprised of employees of the Department of Homeland Security 
who, in carrying out the analysis required under such subsection, shall 
consult with the Director of National Intelligence and the intelligence 
community and the heads of Federal agencies, as determined appropriate 
by the Administrator.
    (c) Deadline.--Not later than 270 days after the Administrator 
establishes the task force under subsection (a), the task force shall 
submit to the Administrator the analysis required under such 
subsection.
    (d) Elements.--The analysis required under subsection (a) shall 
include emerging and potential future threats posed by the following:
            (1) Evolving tactics by terrorist organizations that may 
        pose a catastrophic risk to an aviation or surface 
        transportation entity.
            (2) Explosive and explosive devices or attacks involving 
        the use of explosives that may cause catastrophic damage to an 
        aviation or surface transportation system.
            (3) Chemical or biological agents being released in either 
        aviation or surface transportation systems.
            (4) Cyberthreat actors seeking to undermine confidence in 
        transportation systems or cause service disruptions that 
        jeopardize transportation security.
            (5) Unmanned aerial systems with the capability of 
        inflicting harm on transportation targets.
            (6) Individuals or groups seeking to attack soft targets, 
        public areas, or crowded spaces of transportation systems, 
        including attacks against Transportation Security 
        Administration employees and other security personnel.
            (7) Foreign actors seeking to exploit vulnerabilities posed 
        by the inconsistent or inadequate security screening protocols 
        at last point of departure airports with direct flights to the 
        United States.
            (8) Information sharing challenges within the Federal 
        Government and among partner governments.
            (9) Information sharing challenges between the 
        Administration or other relevant Federal agencies and 
        transportation stakeholders, including air carriers, airport 
        operators, surface transportation operators, and State and 
        local law enforcement.
            (10) Growth in passenger volume in both the aviation and 
        surface transportation sectors.
    (e) Mitigation.--Not later than 120 days after the completion of 
the analysis required under subsection (a), the Administrator of the 
Transportation Security Administration shall develop, as appropriate, a 
threat mitigation strategy for each of the threats examined in such 
analysis, and--
            (1) assign appropriate resources of the Administration to 
        address such threats, based on calculated risk; or
            (2) provide recommendations through the Department of 
        Homeland Security to the appropriate Federal department or 
        agency responsible for addressing such threats.
    (f) Stakeholder Engagement.--When carrying out the analysis 
required under subsection (a), the Administrator of the Transportation 
Security Administration shall engage transportation stakeholders 
referred to in subsection (b)(9) and account for security concerns of 
transportation operators by--
            (1) convening not fewer than three industry day events for 
        such transportation stakeholders to hear from relevant public 
        and private sector security partners and provide feedback on 
        threats such transportation stakeholders identify as emerging;
            (2) developing strategies to solicit feedback on a 
        consistent basis from such transportation stakeholders across 
        all modes of transportation and providing consistent responses 
        to stakeholder concerns;
            (3) improving the quality, timeliness, and relevancy of 
        information sharing products disseminated by the Administration 
        to such transportation stakeholders, including classified 
        information sharing products;
            (4) coordinating security incident response and 
        communications drills, including tabletop exercises, to improve 
        incident preparedness and response capabilities across 
        transportation modes and among transportation systems;
            (5) encouraging regular communication between Federal 
        Security Directors, Field Intelligence Officers, Federal Air 
        Marshal Special Agents in Charge, and such transportation 
        stakeholders;
            (6) establishing regular opportunities for senior 
        Administration leadership to engage with such transportation 
        stakeholders regarding changes in the threat environment and 
        how the Administration can offer security support to address 
        such changes; and
            (7) briefing the Aviation Security Advisory Committee and 
        the Surface Transportation Security Advisory Committee on the 
        efforts of the task force established pursuant to subsection 
        (a).
    (g) Briefing to Congress.--The Administrator of the Transportation 
Security Administration shall brief the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the results of the analysis 
required under subsection (a) and relevant mitigation strategies 
developed in accordance with subsection (c).
    (h) Non-Applicability of FACA and PRA.--The Federal Advisory 
Committee Act (5 U.S.C. App.) and the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) shall not apply to the task force established 
under subsection (a).

SEC. 504. COMPTROLLER GENERAL REVIEW.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall conduct a 
review of Department of Homeland Security trusted traveler programs. 
Such review shall examine the following:
            (1) The extent to which the Department of Homeland Security 
        tracks data and monitors trends related to trusted traveler 
        programs, including root causes for identity-matching errors 
        resulting in an individual's enrollment in a trusted traveler 
        program being reinstated.
            (2) Whether the Department coordinates with the heads of 
        other relevant Federal, State, local, Tribal, or territorial 
        entities regarding redress procedures for disqualifying 
        offenses not covered by the Department's own redress processes 
        but which offenses impact an individual's enrollment in a 
        trusted traveler program.
            (3) How the Department may improve individuals' access to 
        reconsideration procedures regarding a disqualifying offense 
        for enrollment in a trusted traveler program that requires the 
        involvement of any other Federal, State, local, Tribal, or 
        territorial entity.
            (4) The extent to which travelers are informed about 
        reconsideration procedures regarding enrollment in a trusted 
        traveler program.

SEC. 505. ENROLLMENT REDRESS.

    Notwithstanding any other provision of law, the Secretary of 
Homeland Security shall, with respect to an individual whose enrollment 
in a trusted traveler program was revoked in error extend by an amount 
of time equal to the period of revocation the period of active 
enrollment in such a program upon re-enrollment in such a program by 
such an individual.

SEC. 506. TRAINING REQUIRED.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall develop and implement training for frontline 
Administration personnel regarding the screening of pregnant women and 
families with young children at passenger screening checkpoints. Such 
training shall include the following:
            (1) Information relating to concerns of pregnant women 
        relating to the use of Advanced Imaging Technology and 
        appropriate opt-out procedures and alternative screening 
        procedures.
            (2) Guidelines to assist pregnant women and families 
        traveling with young children effectively and efficiently 
        complete the screening process in a manner that is respectful 
        and improves the overall functioning of the screening 
        checkpoint.
            (3) Communication and procedural guidelines for frontline 
        Administration personnel to assist with passenger divestiture 
        for pregnant women and families traveling with young children 
        to improve the effectiveness and overall passenger experience 
        at the screening checkpoint.
    (b) Communications Strategy.--In conjunction with the 
implementation of the training required under subsection (a), the 
Administrator of the Transportation Security Administration shall 
develop and implement a communications strategy for pregnant women and 
families traveling with young children to inform such women and 
families of the procedures and guidelines described in such subsection, 
including providing information to relevant passengers through social 
media, the Administration's public website, the Administration's 
customer service call center, and partnerships with aviation 
stakeholders, including air carriers and airport operators.
    (c) Passenger Support Specialists.--In carrying out subsections (a) 
and (b), the Administrator of the Transportation Security 
Administration shall, to the extent possible, make available passenger 
support specialists, upon request, to pregnant women and families 
traveling with young children to assist with screening checkpoint 
information, concerns, and procedures.
    (d) TSA Family Lanes Feasibility Assessment.--Not later than 180 
days after the date of the enactment of this Act, the Administrator of 
the Transportation Security Administration shall conduct a feasibility 
assessment to determine whether screening processes and the screening 
experience may be improved for travelers by developing optional, 
dedicated screening lanes for families traveling with young children at 
airports where the checkpoint configuration would allow and where the 
overall functioning of the checkpoint would not be inhibited in terms 
of passenger throughput or security effectiveness.
    (e) Briefing to Congress.--Not later than 30 days after the 
implementation of the training required under subsection (a), the 
Administrator of the Transportation Security Administration shall brief 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
progress regarding the implementation of this Act and improvements made 
to the screening process for pregnant women and families traveling with 
young children.

SEC. 507. IDENTITY AND TRAVEL DOCUMENT VERIFICATION.

    Section 44901 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(m) Establishment of Screening System for Certain Persons.--Not 
later than December 31, 2020, the Administrator of the Transportation 
Security Administration shall, subject to the availability of 
appropriations, implement an identity and travel document verification 
system designed to establish a secure, automated system at all airports 
for verifying identity and travel documents of persons seeking entry 
into the sterile area of an airport. Such system shall--
            ``(1) assess the need for security screening personnel to 
        perform identity and travel document verification for such 
        passengers, thereby assessing the overall number of such 
        screening personnel;
            ``(2) reduce the average wait time of such passengers;
            ``(3) reduce overall operating expenses of the 
        Administration;
            ``(4) be integrated with the Administration's watch list 
        matching program; and
            ``(5) be integrated with other technologies to further 
        facilitate risk-based passenger screening at checkpoints, to 
        the extent practicable and consistent with security 
        standards.''.

SEC. 508. STANDARD OPERATING PROCEDURES AT AIRPORT CHECKPOINTS.

    (a) Standardization.--The Administrator of the Transportation 
Security Administration shall require, to the extent practicable, that 
standard operating procedures at airport checkpoints for passengers and 
carry-on baggage are carried out in a uniform manner among similarly 
situated airports.
    (b) Report to Congress.--Not later than 270 days after the date of 
the enactment of this Act, the Administrator of the Transportation 
Security Administration shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on how standard 
operating procedures were made uniform in accordance with subsection 
(a).
    (c) Audits.--Beginning one year after the date of the enactment of 
this Act, the Inspector General of the Department of Homeland Security 
shall conduct periodic audits of adherence to the standard operating 
procedures, as established by the Administrator of the Transportation 
Security Administration, under this section of screening personnel at 
large, medium, and small airports in diverse geographical areas.

SEC. 509. CANINE DETECTION RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary of Homeland Security shall conduct 
an audit of all canine training programs of the Department of Homeland 
Security and convene a working group of representatives from all such 
programs to make recommendations on possible efficiencies that could be 
gained by integrating training standards and facilities.
    (b) Canine Staffing Allocation Model.--The Administrator of the 
Transportation Security Administration shall develop a staffing 
allocation model for canines to determine the optimal number of 
passenger screening canines at airports in the United States.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the recommendations required 
by subsection (a).
    (d) Briefing to Congress.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator of the 
        Transportation Security Administration shall brief the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate on the state of explosives detection canine 
        production and training in the United States.
            (2) Contents.--The briefing required under paragraph (1) 
        shall include the following:
                    (A) An analysis of the steps the Transportation 
                Security Administration may take to foster additional 
                production of explosives detection canines in the 
                United States by the private sector.
                    (B) Perspectives from current explosives detection 
                canine industry stakeholders regarding the impact of 
                the Administration's procurement model on business 
                considerations.
                    (C) An analysis regarding whether the 
                Administration effectively communicates canine training 
                guidelines and testing methodology to the private 
                sector.
                    (D) The extent to which physical capacity 
                limitations at current Administration-operated sites 
                hinder the operations of either the Administration or 
                industry.

SEC. 510. SECURITY INCIDENT RESPONSE AT AIRPORTS AND SURFACE 
              TRANSPORTATION HUBS.

    The Gerardo Hernandez Airport Security Act of 2015 (Public Law 114-
50; 49 U.S.C. 44903 note) is amended--
            (1) in section 3--
                    (A) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``may'' each place it 
                appears and inserting ``shall'';
                    (B) by redesignating subsection (c) as subsection 
                (d); and
                    (C) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Review.--The Administrator of the Transportation Security 
Administration shall review the active shooter response guidelines 
specified for Department of Homeland Security personnel under this 
section and make a recommendation to the Secretary of Homeland Security 
to modify such guidelines for personnel who are certified Federal law 
enforcement officials and for personnel who are uniformed but unarmed 
security officials.''; and
            (2) in section 7--
                    (A) in subsection (b), in the matter preceding 
                paragraph (1), by striking ``may'' each place it 
                appears and inserting ``shall'';
                    (B) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (C) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Review.--The Administrator of the Transportation Security 
Administration shall review the active shooter response guidelines 
specified for Department of Homeland Security personnel under this 
section and make a recommendation to the Secretary of Homeland Security 
to modify such guidelines for personnel who are certified Federal law 
enforcement officials and for personnel who are uniformed but unarmed 
security officials.''.

SEC. 511. ALTERNATE NEW SECURITY SCREENING PERSONNEL TRAINING PROGRAM 
              COST AND FEASIBILITY STUDY.

    Not later than 180 days after the date of the enactment of this 
Act, the Administrator of the Transportation Security Administration 
shall conduct a cost and feasibility study of developing a training 
program for security screening personnel that will provide such 
personnel with an equal level of training as is provided in the 
training program for new security screening personnel located at the 
Federal Law Enforcement Training Center in Glynco, Georgia, that could 
be conducted at or within 50 miles of such security screening 
personnel's duty station. Such study should examine the use of online 
seminar and training platforms for portions of the training curriculum 
that are conducive to such an outcome.

SEC. 512. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY 
              SCREENERS.

    Section 44935 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(m) Prohibition of Advance Notice to Security Screeners of Covert 
Testing and Evaluation.--
            ``(1) In general.--The Administrator of the Transportation 
        Security Administration shall ensure, to the greatest extent 
        practicable, that information concerning a covert test of a 
        transportation security system to be conducted by a covert 
        testing office, the Inspector General of the Department of 
        Homeland Security, or the Government Accountability Office is 
        not provided to any individual involved in such test prior to 
        the completion of such test.
            ``(2) Exceptions.--Notwithstanding paragraph (1)--
                    ``(A) an authorized individual involved in a covert 
                test of a transportation security system may provide 
                information concerning such covert test to--
                            ``(i) employees, officers, and contractors 
                        of the Federal Government (including military 
                        personnel);
                            ``(ii) employees and officers of State and 
                        local governments; and
                            ``(iii) law enforcement officials who are 
                        authorized to receive or directed to be 
                        provided such information by the Administrator 
                        of the Transportation Security Administration, 
                        the Inspector General of the Department of 
                        Homeland Security, or the Comptroller General 
                        of the United States, as the case may be; and
                    ``(B) for the purpose of ensuring the security of 
                any individual in the vicinity of a site at which a 
                covert test of a transportation security system is 
                being conducted, an individual conducting such test may 
                disclose his or her status as an individual conducting 
                such test to any appropriate individual if a security 
                screener or other individual who is not a covered 
                employee identifies the individual conducting such test 
                as a potential threat.
            ``(3) Special rules for tsa.--
                    ``(A) Monitoring and security of testing 
                personnel.--The head of each covert testing office 
                shall ensure that a person or group of persons 
                conducting a covert test of a transportation security 
                system for a covert testing office is accompanied at 
                the site of such test by a cover team composed of one 
                or more employees of such covert testing office for the 
                purpose of monitoring such test and confirming the 
                identity of personnel involved in such test under 
                subparagraph (B).
                    ``(B) Responsibility of cover team.--Under this 
                paragraph, a cover team for a covert test of a 
                transportation security system shall--
                            ``(i) monitor such test; and
                            ``(ii) for the purpose of ensuring the 
                        security of any individual in the vicinity of a 
                        site at which such test is being conducted, 
                        confirm, notwithstanding paragraph (1), the 
                        identity of any individual conducting such test 
                        to any appropriate individual if a security 
                        screener or other individual who is not a 
                        covered employee identifies the individual 
                        conducting such test as a potential threat.
                    ``(C) Aviation screening.--Notwithstanding 
                subparagraph (A), the Transportation Security 
                Administration is not required to have a cover team 
                present during a test of the screening of persons, 
                carry-on items, or checked baggage at an aviation 
                security checkpoint at or serving an airport if such 
                test is--
                            ``(i) approved, in coordination with the 
                        designated security official for the airport 
                        operator by the Federal Security Director for 
                        such airport; and
                            ``(ii) carried out under an aviation 
                        screening assessment program of the Department 
                        of Homeland Security.
                    ``(D) Use of other personnel.--The Transportation 
                Security Administration may use employees, officers, 
                and contractors of the Federal Government (including 
                military personnel) and employees and officers of State 
                and local governments or any personnel authorized by 
                the Federal Security Director to conduct covert tests.
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Appropriate individual.--The term 
                `appropriate individual', as used with respect to--
                            ``(i) a covert test under paragraph (2)(B) 
                        of a transportation security system, means any 
                        individual who the individual conducting such 
                        test determines needs to know his or her status 
                        as an individual conducting such test; or
                            ``(ii) a covert test under paragraph 
                        (3)(B)(i), means any individual who the cover 
                        team monitoring such test determines needs to 
                        know the identity of such cover team.
                    ``(B) Covered employee.--The term `covered 
                employee' means any individual who receives notice of a 
                covert test before the completion of a test under 
                paragraph (2)(B).
                    ``(C) Covert test.--
                            ``(i) In general.--The term `covert test' 
                        means an exercise or activity conducted by a 
                        covert testing office, the Inspector General of 
                        the Department of Homeland Security, or the 
                        Government Accountability Office to 
                        intentionally test, compromise, or circumvent 
                        transportation security systems to identify 
                        vulnerabilities in such systems.
                            ``(ii) Limitation.--Notwithstanding clause 
                        (i), the term `covert test' does not mean an 
                        exercise or activity by an employee or 
                        contractor of the Transportation Security 
                        Administration to test or assess compliance 
                        with relevant regulations.
                    ``(D) Covert testing office.--The term `covert 
                testing office' means any office of the Transportation 
                Security Administration designated by the Administrator 
                of the Transportation Security Administration to 
                conduct covert tests of transportation security 
                systems.
                    ``(E) Employee of a covert testing office.--The 
                term `employee of a covert testing office' means an 
                individual who is an employee of a covert testing 
                office or a contractor or an employee of a contractor 
                of a covert testing office.''.

SEC. 513. EXPLOSIVE DETECTION TECHNOLOGY.

    The Secretary of Homeland Security shall prioritize the research 
and facilitation of next generation technologies to detect explosives 
in the Nation's surface transportation systems.

SEC. 514. RECURRENT VETTING FOR SURFACE TRANSPORTATION CREDENTIAL-
              HOLDERS.

    Section 70105 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(r) Recurrent Vetting.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this subsection, the Secretary shall 
        develop and implement a plan to utilize the Federal Bureau of 
        Investigation's Rap Back Service in order to establish 
        recurrent vetting capabilities for individuals holding valid 
        transportation security cards under this section.
            ``(2) Exemption.--Individuals holding valid transportation 
        security cards under this section who are subject to recurrent 
        vetting under the plan to utilize the Rap Back Service referred 
        to in paragraph (1) shall be exempt from any recurrent 
        determinations or background checks under this section to which 
        such individuals would otherwise be subject every five years in 
        the absence of such utilization.''.

SEC. 515. BIOMETRICS FOR TSA PRECHECK.

    (a) In General.--Not later than September 30, 2023, the 
Administrator of the Transportation Security Administration shall begin 
the utilization of biometrics to verify the identity of travelers 
enrolled in the Administration's trusted traveler program, known as TSA 
PreCheck, at security screening checkpoints in a manner which--
            (1) protects the privacy and civil liberties of the 
        traveling public;
            (2) improves the security and functionality of the security 
        screening checkpoint;
            (3) leverages, to the extent practicable, existing 
        biometric repositories of the Department of Homeland Security; 
        and
            (4) utilizes best available biometric technology and 
        algorithms to reduce instances of misidentification.
    (b) Working Group Established.--Not later than 30 days after the 
date of the enactment of this Act, the Administrator of the 
Transportation Security Administration shall establish a working group 
comprised of relevant transportation security stakeholders and any 
personnel determined necessary by the Administrator to inform and make 
recommendations for the successful implementation of a biometrics 
identity process.
    (c) Report to Congress.--Not later than one year after the date of 
the enactment of this Act and annually thereafter through 2023, the 
Administrator of the Transportation Security Administration shall 
report to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the status of the Administration's 
biometrics program.

SEC. 516. SECURE FLIGHT PROGRAM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall ensure that security screening checkpoints have 
real-time connectivity to the Administration's Secure Flight vetting 
system.
    (b) Secure Flight Review.--Not later than 1 year after the date of 
the enactment of this Act, the Administrator of the Transportation 
Security Administration shall develop and implement a plan to improve 
the capabilities of the Administration's Secure Flight program, 
including--
            (1) improving coordination between Secure Flight and air 
        carriers;
            (2) reducing screening errors resulting from inaccurate or 
        delayed Secure Flight data; and
            (3) identifying additional resources needed to upgrade 
        information technology systems of Secure Flight.

SEC. 517. KNOWN CREW MEMBER PROGRAM.

    (a) In General.--Not later than 180 days after the enactment of 
this Act, the Administrator of the Transportation Security 
Administration shall implement new security standards for the 
Administration's Known Crew Member program, including--
            (1) updated standards for verifying crew identity at Known 
        Crew Member-enabled checkpoints; and
            (2) cybersecurity standards for the Known Crew Member 
        program.
    (b) Coordination.--In carrying out the requirements of subsection 
(a), the Administrator of the Transportation Security Administration 
shall coordinate with relevant transportation security stakeholders, 
including air carriers and labor organizations representing pilots and 
flight attendants.

SEC. 518. SCREENING PARTNERSHIP PROGRAM.

    (a) In General.--The Administrator of the Transportation Security 
Administration shall promote and encourage airport participation in the 
Administration's Screening Partnership Program.
    (b) Blue Ribbon Panel.--Not later than 90 days after the date of 
the enactment of this Act, the Administrator of the Transportation 
Security Administration shall convene a Blue Ribbon Panel to examine 
ways in which the Screening Partnership Program can be improved, 
including--
            (1) allowing greater input for airport terminal owners and 
        operators into selecting a screening vendor;
            (2) reducing costs to the taxpayer by expanding the 
        Screening Partnership Program; and
            (3) examining security screening programs of foreign 
        partners to outline best practices for public private 
        partnership for passenger screening.

SEC. 519. HEADQUARTERS EFFICIENCY.

    Not later than 1 year after the date of the enactment of this Act, 
the Administrator of the Transportation Security Administration shall 
seek to reduce by 50 percent administrative support contract costs for 
headquarters personnel.

SEC. 520. REPEAL OF REGULATIONS.

    Sections 1408, 1517, and 1534 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 are repealed.

SEC. 521. SENSITIVE SECURITY INFORMATION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration (TSA) shall--
            (1) ensure clear and consistent designation of ``Sensitive 
        Security Information'', including reasonable security 
        justifications for so designating documents as such;
            (2) develop and implement a schedule to regularly review 
        and update, as necessary, TSA Sensitive Security Information 
        Identification guidelines;
            (3) develop a tracking mechanism for all Sensitive Security 
        Information redaction and designation challenges;
            (4) document justifications for changes in position 
        regarding Sensitive Security Information redactions and 
        designations, and make such changes accessible to TSA personnel 
        for use with relevant stakeholders, including air carriers, 
        airport operators, surface transportation operators, and State 
        and local law enforcement, as necessary; and
            (5) ensure that TSA personnel are adequately trained on 
        appropriate designation policies.
    (b) Stakeholder Outreach.--Not later than 180 days after the date 
of the enactment of this Act, the Administrator of the Transportation 
Security Administration (TSA) shall conduct outreach to relevant 
stakeholders described in subsection (a)(4) that regularly are granted 
access to Sensitive Security Information to raise awareness of the 
TSA's policies and guidelines governing the classification and use of 
Sensitive Security Information.

SEC. 522. INTERNATIONAL AVIATION SECURITY.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall develop and implement guidelines with respect to 
last point of departure airports to--
            (1) ensure the inclusion, as appropriate, of air carriers 
        and other transportation security stakeholders in the 
        development and implementation of security directives and 
        emergency amendments;
            (2) document input provided by air carriers and other 
        transportation security stakeholders during the security 
        directive and emergency amendment development and 
        implementation processes;
            (3) define, with the inclusion of feedback from air 
        carriers and other transportation security stakeholders, a 
        process, including time frames, for cancelling or incorporating 
        security directives and emergency amendments into security 
        programs;
            (4) conduct engagement with foreign partners on the 
        implementation of security directives and emergency amendments, 
        as appropriate, including recognition if existing security 
        measures at a last point of departure airport are found to 
        provide commensurate security as intended by potential new 
        security directives and emergency amendments; and
            (5) ensure that new security directives and emergency 
        amendments are focused on defined security outcomes.
    (b) Briefing to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Administrator of the Transportation 
Security Administration shall brief the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the guidelines described in this 
section.
    (c) Decisions Not Subject to Judicial Review.--Notwithstanding any 
other provision of law, any action of the Administrator of the 
Transportation Security Administration under subsection (a) is not 
subject to judicial review.

SEC. 523. OFFICE OF INSPECTION ACCOUNTABILITY.

    (a) In General.--The Administrator of the Transportation Security 
Administration shall strengthen internal controls related to 
documentation accuracy of the Office of Inspection of the 
Administration by developing and implementing--
            (1) updates to criminal investigators' performance plans to 
        reflect timely and accurate timesheet submission;
            (2) guidance and expectation for supervisory biweekly 
        timesheet review; and
            (3) a formal plan for reviewing user access, not less than 
        annually, to ensure appropriate system access and permission 
        levels.
    (b) Information Systems.--The Administrator of the Transportation 
Security Administration shall work to establish systems to assist the 
Office of Inspection of the Administration with timesheet submission 
and approval processes and improve data transfer and communication 
between the timekeeping system and the Case Management System.
    (c) Premium Pay Eligibility.--The Administrator of the 
Transportation Security Administration shall develop, formalize, and 
implement processes to ensure compliance with relevant policies 
requiring criminal investigators and supervisors annually complete 
documentation certifying availability for Law Enforcement Availability 
Pay.
    (d) Resource Allocation.--The Administrator of the Transportation 
Security Administration shall develop and implement guidance to ensure 
proper review of annual calculations for resource allocation within the 
Office of Inspection of the Administration.

SEC. 524. CHECKPOINTS OF THE FUTURE.

    (a) In General.--The Administrator of the Transportation Security 
Administration shall develop passenger self-screening solutions for 
PreCheck passengers in a manner which--
            (1) does not reduce the overall security posture of the 
        checkpoint; and
            (2) improves the efficiency and overall effectiveness of 
        the checkpoint.
    (b) Report to Congress.--Not later than 180 days after the 
enactment of this Act and annually thereafter for 5 years, the 
Administrator of the Transportation Security Administration shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the status of the requirements 
described in subsection (a).

SEC. 525. AIR CARGO SECURITY.

    Not later than one year after the date of the enactment of this Act 
the Inspector General for the Department of Homeland Security shall 
conduct an audit of the Air Cargo Division of the Transportation 
Security Administration of the Department. This audit shall include--
            (1) a review of resource and staffing allocations for the 
        Air Cargo Division;
            (2) an examination of how the Air Cargo Division's 
        effectiveness in managing the Certified Cargo Screening Program 
        and Known Shipper Program; and
            (3) how effectively the Air Cargo Division works 
        collaboratively with U.S. Customs and Border Protection to 
        target high-risk cargo.

SEC. 526. CHILDCARE.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall convene a working group comprised of personnel 
determined appropriate by the Administrator to develop--
            (1) recommendations for establishing childcare facilities 
        for employees at the Administration's headquarters facility;
            (2) recommendations for establishing a facility or 
        otherwise assisting with childcare options for employees at 
        airports; and
            (3) options for the Administration to improve flexibility 
        for employees with children in need of care.
    (b) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Administrator of the Transportation 
Security Administration shall submit to the Committee on Homeland 
Security of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
recommendations and findings of the working group established in 
subsection (a).

SEC. 527. PASSENGERS WITH PHYSICAL OR COGNITIVE DISABILITIES.

    Not later than one year after the date of the enactment of this 
Act, the Administrator of the Transportation Security Administration 
shall convene an event at each airport at which the Administration 
conducts security screening to increase awareness, understanding of 
screening protocols, and efficiency of the passenger screening 
experience for passengers with physical or cognitive disabilities.

SEC. 528. TSA HUMAN CAPITAL STRATEGIC PLAN.

    (a) Human Capital Strategic Plan Defined.--In this section, the 
term ``human capital strategic plan'' means a plan to evaluate and 
implement strategies for the Transportation Security Administration's 
selecting, developing, training, and managing a high-quality, 
productive workforce in accordance with merit system principles 
described in section 250.202 of title 5, Code of Federal Regulations 
(relating to primary duties of an agency's Chief Human Capital 
Officer).
    (b) Transportation Security Strategic Planning.--Paragraph (3) of 
section 114(s) of title 49, United States Code, is amended by adding at 
the end the following new subparagraph:
                    ``(J) A Human Capital Strategic Plan that considers 
                the recommendations contained in the Findings and 
                Recommendations of the 2019 Blue Ribbon Panel for the 
                Transportation Security Administration on Human Capital 
                Service Delivery Evaluation or any successor document. 
                Priority for consideration shall be given to the 
                recommendations from the Panel that address the use of 
                scheduling and timekeeping tools, the review and 
                updating of recruiting materials, the development of 
                standardized job descriptions, the examination of 
                Transportation Security Administration employer 
                branding and recruiting methods, the development of a 
                process to receive feedback on Human Capital functions, 
                and the improvement of leadership development and 
                feedback mechanisms.''.

SEC. 529. SCREENING TECHNOLOGY DEPLOYMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Transportation Security 
Administration shall implement a policy to produce deployment plans for 
screening technology. Such plans should--
            (1) include airport risk assessments and all relevant risk 
        factors;
            (2) consider relative airport risk when determining 
        deployment order;
            (3) provide rationale for deployment decisions, including 
        any specific risk factors considered;
            (4) include a strategy for deployment to small and medium 
        airports to ensure consistency of security operations across 
        airports of all sizes; and
            (5) include procurement strategy for each screening 
        technology to be deployed.
    (b) Continuous Evaluation of Deployed Equipment.--Not later than 
180 days after the date of the enactment of this Act, the Administrator 
of the Transportation Security Administration shall develop a strategy 
for continuous evaluation of deployed screening technology. In 
developing such strategy, the Administrator shall consider the 
following:
            (1) The effectiveness of screening during the lifespan of 
        screening technology.
            (2) How maintenance contracts for procured screening 
        technology can support the Administration's efforts to ensure 
        continued effectiveness after deployment of such technology.
            (3) Periodic testing for the effectiveness of deployed 
        screening technology based on relative risk.
    (c) Audits.--Beginning one year after the date of the enactment of 
this Act, the Inspector General of the Department of Homeland Security 
shall conduct an audit of the Transportation Security Administration's 
efforts to develop and implement deployment plans for screening 
technology. Such audit shall determine if--
            (1) the Administration has effectively produced risk-based 
        deployment plans for screening technologies;
            (2) the screening technology deployment adhered to 
        deployment plans; and
            (3) the deployment rate of screening technologies by type 
        across airport size and geographical areas.
    (d) Briefing to Congress.--Not later than 270 days after the date 
of the enactment of this Act, the Administrator of the Transportation 
Security Administration shall brief the Committee on Homeland Security 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the requirements described in this 
section.

SEC. 530. REVIEW OF AVIATION SECURITY STAKEHOLDER ACCESS TO HOMELAND 
              SECURITY INFORMATION NETWORK.

    The Secretary of Homeland Security, in coordination with the Under 
Secretary for Intelligence and Analysis of the Department of Homeland 
Security, shall review access to the Homeland Security Information 
Network to determine if access by aviation security stakeholders in 
addition to such stakeholders who already as of the date of the 
enactment of this Act already have such access would benefit aviation 
security.

SEC. 531. AIRPORT PUBLIC AREA SECURITY ENHANCEMENT.

    (a) Airport Public Area Security Working Group Engagement Plan.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Administrator of the 
        Transportation Security Administration (TSA) shall implement a 
        plan to enhance TSA engagement with the public area security 
        working group established in accordance with section 1931 of 
        the FAA Reauthorization Act of 2018 (49 U.S.C. 114 note; Public 
        Law 115-254). Such plan shall include descriptions of roles and 
        responsibilities for group members, mechanisms for 
        collaboration, and determinations regarding the frequency of 
        working group meetings.
            (2) Briefing to congress.--Not later than 30 days after 
        implementation of the plan required under paragraph (1) is 
        complete, the Administrator shall brief the appropriate 
        committees of Congress on the details of such plan.
    (b) Survey of Airport Public Area Security Efforts.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator shall begin 
        conducting a survey of public and private stakeholders 
        responsible for securing airport public areas to assess the 
        following:
                    (A) The number of airport operations centers.
                    (B) The activities in which such airport operations 
                centers regularly engage.
                    (C) The stakeholders involved in such airport 
                operations centers, including information relating to 
                staffing and participation of such stakeholders.
                    (D) Availability of resources for such airport 
                operations centers.
                    (E) Technology used to monitor and secure airport 
                public areas.
                    (F) Interoperability or other challenges associated 
                with communication or other information technology 
                systems supporting such airport operations centers.
                    (G) Policies and best practices used to provide 
                situational awareness and coordinate airport public 
                area security efforts.
            (2) Briefing to congress.--Not later than 30 days after 
        completion of the survey required under subsection (1), the 
        Administrator shall brief the appropriate committees of 
        Congress a report on the findings of such survey.
    (c) TSA Support of Airport Operations Centers.--
            (1) In general.--Not later than 90 days after the briefing 
        required under subsection (b)(2) and not less frequently than 
        once every five years thereafter, the Administrator shall 
        develop and update, respectively, a strategy for Administration 
        engagement with airport operations centers. Such strategy 
        shall--
                    (A) include specific goals and objectives for the 
                support of such airport operations centers managed by 
                public and private stakeholders responsible for 
                securing airport public areas; and
                    (B) detail means of support--
                            (i) to direct deployment of Administration 
                        personnel to such airport operations centers;
                            (ii) to provide to such stakeholders, as 
                        appropriate, access to Department unclassified 
                        or classified information sharing systems, 
                        including the Homeland Security Information 
                        Network and Homeland Security Data Network; and
                            (iii) for any activities determined 
                        appropriate by the Administrator.
            (2) Briefing to congress.--Not later than 30 days after the 
        strategy under subsection (1) is complete, the Administrator 
        shall brief the appropriate committees of Congress on the 
        implementation of such strategy.
    (d) Definitions.--In this section:
            (1) Administration; tsa.--The terms ``Administration'' and 
        ``TSA'' mean the Transportation Security Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (4) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (5) Operations center.--The term ``operations center'' 
        means a integrated and unified operation center established at 
        a transportation facility based on the framework made available 
        to public and private stakeholders pursuant to section 1987 of 
        the FAA Reauthorization Act of 2018 (49 U.S.C. 114 note; Public 
        Law 115-254).
            (6) Public and private stakeholders.--The term ``public and 
        private stakeholders'' has the meaning given such term in 
        section 114(t)(1)(C) of title 49, United States Code.

        TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY

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

SEC. 601. 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 of 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.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section $800,000,000 for each of 
fiscal years 2021 through 2022.''.

SEC. 602. 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' 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.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section $600,000,000 for each of 
fiscal years 2021 through 2022.''.

SEC. 603. 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. 604. LAW ENFORCEMENT TERRORISM PREVENTION.

    (a) Law Enforcement Terrorism Prevention Program.--Subsection (a) 
of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``States and high-risk urban areas 
                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 2021 
        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.--Subsection (b) 
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) 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 ``certify''.

SEC. 605. PRIORITIZATION.

    (a) In General.--Subsection (a) of section 2007 of the Homeland 
Security Act of 2002 (6 U.S.C. 608) 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''.
    (b) Review.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security, through the 
Administrator of the Federal Emergency Management Agency, shall review 
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 risk formula and methodology used 
to award grants under sections 2003 and 2004 of the Homeland Security 
Act of 2002 (6 U.S.C. 604 and 605), including a discussion of any 
necessary changes to such formula to ensure grant awards are 
appropriately based on risk.
    (c) Comptroller General Review.--Not later than 180 days after the 
date of enactment of this Act, the Comptroller General of the United 
States shall review and assess the risk formula and methodology used to 
award grants under sections 2003 and 2004 of the Homeland Security Act 
of 2002, including--
            (1) the process utilized by the Department of Homeland 
        Security to gather threat information for each potential State 
        and high-risk urban area;
            (2) the extent to which such risk formula and methodology 
        considers the factors specified in section 2007 of the Homeland 
        Security Act of 2002 (6 U.S.C. 608), in particular--
                    (A) the extent to which the jurisdiction has unmet 
                core capabilities due to resource constraints;
                    (B) the degree to which a jurisdiction has been 
                able to address capability gaps with previous grant 
                awards; and
                    (C) in the case of a high-risk urban area, the 
                extent to which such high-risk urban area includes--
                            (i) incorporated municipalities, counties, 
                        parishes, and Indian Tribes within the relevant 
                        eligible metropolitan area the inclusion of 
                        which will enhance regional efforts to prevent, 
                        prepare for, protect against, and respond to 
                        acts of terrorism; and
                            (ii) other local and Tribal governments in 
                        the surrounding area that are likely to be 
                        called upon to respond to acts of terrorism 
                        within the high-risk urban area; and
            (3) how grant award amounts are determined.

SEC. 606. 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) by redesignating paragraphs (6) through (14) as 
                paragraphs (8) through (16), respectively;
                    (C) in paragraph (5), by inserting before the 
                semicolon at the end the following: ``, provided such 
                purchases 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''; and
                    (D) 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, 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 227) and developing statewide cyber 
        threat information analysis and dissemination activities;'';
                    (E) in paragraph (8), as so redesignated, by 
                striking ``Homeland Security Advisory System'' and 
                inserting ``National Terrorism Advisory System''; and
                    (F) in paragraph (14), as so redesignated, by 
                striking ``3'' and inserting ``5'';
            (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 ``core''.

SEC. 607. MEMORANDA OF UNDERSTANDING.

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

``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS 
              AND OFFICES.

    ``The Administrator shall enter into memoranda of understanding 
with the heads of the following departmental components and offices 
delineating the roles and responsibilities of such components and 
offices regarding the policy and guidance for grants under section 1406 
of the Implementing Recommendations of the 9/11 Commission Act of 2007 
(6 U.S.C. 1135), sections 2003 and 2004 of this Act, and section 70107 
of title 46, United States Code, as appropriate:
            ``(1) The Commissioner of U.S. Customs and Border 
        Protection.
            ``(2) The Administrator of the Transportation Security 
        Administration.
            ``(3) The Commandant of the Coast Guard.
            ``(4) The Under Secretary for Intelligence and Analysis.
            ``(5) The Director of the Office of Emergency 
        Communications.
            ``(6) The Assistant Secretary for State and Local Law 
        Enforcement.
            ``(7) The Targeted Violence and Terrorism Prevention 
        Director.
            ``(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 is amended by inserting after the 
item relating to section 2023 the following new item:

``Sec. 2024. Memoranda of understanding with departmental components 
                            and offices.''.

SEC. 608. GRANTS METRICS.

    (a) In General.--To determine the extent to which grants under 
sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 
603 and 604) have closed capability gaps identified in State 
Preparedness Reports required under subsection (c) of section 652 of 
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752; 
title VI of the Department of Homeland Security Appropriations Act, 
2007; Public Law 109-295) and Threat and Hazard Identification and Risk 
Assessments required under subsections (e) and (f) of such sections 
2003 and 2004, respectively, as added by this title, from each State 
and high-risk urban area, the Administrator of the Federal Emergency 
Management Agency shall conduct and submit to the Committee on Homeland 
Security and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate an assessment of information 
provided in such Reports and Assessments.
    (b) Assessment Requirements.--The assessment required under 
subsection (a) shall include a comparison of successive State 
Preparedness Reports and Threat and Hazard Identification and Risk 
Assessments that aggregates results across the States and high-risk 
urban areas.

SEC. 609. GRANT MANAGEMENT BEST PRACTICES.

    The Administrator of the Federal Emergency Management Agency shall 
include in the annual Notice of Funding Opportunity relating to grants 
under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 
U.S.C. 604 and 605) an appendix that includes the following:
            (1) A summary of findings identified by the Office of the 
        Inspector General of the Department of Homeland Security in 
        audits of such grants and methods to address areas identified 
        for improvement, including opportunities for technical 
        assistance.
            (2) Innovative projects and best practices instituted by 
        grant recipients.

SEC. 610. PROHIBITION ON CONSOLIDATION.

    The Secretary of Homeland Security may not implement the National 
Priorities Security Grant Program or any successor consolidated grant 
program unless the Secretary receives prior authorization from Congress 
permitting such implementation.

SEC. 611. MAINTENANCE OF GRANT INVESTMENTS.

    Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609), 
as amended by this title, is further 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 paragraph (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. 612. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY 
              ASSISTANCE GRANTS.

    Subparagraph (A) of section 1406(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(b)(2)(A); Public Law 110-53) is amended by inserting ``and 
associated backfill'' after ``security training''.

SEC. 613. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY 
              ASSISTANCE GRANTS.

    Section 1406 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended by 
striking subsection (m) and inserting the following new subsections:
    ``(m) Periods of Performance.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds provided pursuant to a grant awarded under this section 
        for a use specified in subsection (b) shall remain available 
        for use by a grant recipient for a period of not fewer than 36 
        months.
            ``(2) Exception.--Funds provided pursuant to a grant 
        awarded under this section for a use specified in subparagraph 
        (M) or (N) of subsection (b)(1) shall remain available for use 
        by a grant recipient for a period of not fewer than 55 months.
    ``(n) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section $200,000,000 for each of 
fiscal years 2021 through 2022.''.

SEC. 614. COMPTROLLER GENERAL REVIEW OF PUBLIC TRANSPORTATION SECURITY 
              ASSISTANCE GRANT PROGRAM.

    (a) In General.--The Comptroller General of the United States shall 
conduct a review of the public transportation security assistance grant 
program under section 1406 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53).
    (b) Scope.--The review required under paragraph (1) shall include 
the following:
            (1) An assessment of the type of projects funded under the 
        public transportation security grant program referred to in 
        such paragraph.
            (2) An assessment of the manner in which such projects 
        address threats to public transportation infrastructure.
            (3) An assessment of the impact, if any, of this Act 
        (including the amendments made by this Act) on types of 
        projects funded under the public transportation security 
        assistance grant program.
            (4) An assessment of the management and administration of 
        public transportation security assistance grant program funds 
        by grantees.
            (5) Recommendations to improve the manner in which public 
        transportation security assistance grant program funds address 
        vulnerabilities in public transportation infrastructure.
            (6) Recommendations to improve the management and 
        administration of the public transportation security assistance 
        grant program.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act and again not later than five years after such date of 
enactment, the Comptroller General shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the review required under this section.

SEC. 615. 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:
    ``(n) Period of Performance.--The Secretary shall make funds 
provided under this section available for use by a recipient of a grant 
for a period of not less than 36 months.
    ``(o) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section $200,000,000 for each of 
fiscal years 2021 through 2022.''.

SEC. 616. CYBER PREPAREDNESS.

    (a) In General.--Section 2209 of the Homeland Security Act of 2002 
(6 U.S.C. 659) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (5)(B), by inserting ``, including 
                State, local, and regional fusion centers, 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 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. 617. OPERATION STONEGARDEN.

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

``SEC. 2009. OPERATION STONEGARDEN.

    ``(a) Establishment.--There is established in the Department a 
program to be known as `Operation Stonegarden', under which 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--
            ``(1) shall be located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with a maritime border; 
                and
            ``(2) shall be involved in an active, ongoing, U.S. Customs 
        and Border Protection operation coordinated through a U.S. 
        Border Patrol sector office.
    ``(b) Permitted Uses.--The recipient of a grant under this section 
may use such grant for--
            ``(1) equipment, including maintenance and sustainment 
        costs;
            ``(2) personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities;
            ``(3) any activity permitted for Operation Stonegarden 
        under the Department of Homeland Security's most recent 
        Homeland Security Grant Program Notice of Funding Opportunity; 
        and
            ``(4) any other appropriate activity, as determined by the 
        Administrator, in consultation with the Commissioner of U.S. 
        Customs and Border Protection.
    ``(c) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not less than 36 
months.
    ``(d) Report.--For each of fiscal years 2021 and 2022, the 
Administrator 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 that contains 
information on the expenditure of grants made under this section by 
each grant recipient.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of fiscal years 2021 and 2022 for 
grants under this section.''.
    (b) Conforming Amendment.--Subsection (a) of section 2002 of the 
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as 
follows:
    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003, 2004, 2009, and 2010 to State, 
local, and Tribal governments, as appropriate.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2008 the following new item:

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

                       Subtitle B--Communications

SEC. 621. OFFICE OF EMERGENCY COMMUNICATIONS.

    The Secretary of Homeland Security may not change the location or 
reporting structure of the Office of Emergency Communications of the 
Department of Homeland Security unless the Secretary receives prior 
authorization from the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate permitting such change.

SEC. 622. RESPONSIBILITIES OF OFFICE OF EMERGENCY COMMUNICATIONS 
              DIRECTOR.

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

SEC. 623. ANNUAL REPORTING ON ACTIVITIES OF THE OFFICE OF EMERGENCY 
              COMMUNICATIONS.

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

SEC. 624. NATIONAL EMERGENCY COMMUNICATIONS PLAN.

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

SEC. 625. TECHNICAL EDIT.

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

SEC. 626. PUBLIC SAFETY BROADBAND NETWORK.

    The Director of the Cybersecurity and Infrastructure Security 
Agency of the Department of Homeland Security shall provide to the 
Committee on Homeland Security and the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate information on the Department of 
Homeland Security's responsibilities related to the development of the 
nationwide Public Safety Broadband Network authorized in section 6202 
of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1422; Public Law 112-96), including information on efforts by the 
Department to work with the First Responder Network Authority of the 
Department of Commerce to identify and address cyber risks that could 
impact the near term or long term availability and operations of such 
network and recommendations to mitigate such risks.

SEC. 627. COMMUNICATIONS TRAINING.

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

         Subtitle C--Federal Emergency Management Agency (FEMA)

SEC. 631. SHORT TITLE.

    This subtitle may be cited as the ``FEMA Reauthorization Act of 
2019''.

SEC. 632. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

    Section 699 of the Post-Katrina Emergency Management Reform Act of 
2006 (Public Law 109-295; 6 U.S.C. 811) is amended--
            (1) by striking ``administration and operations'' each 
        place it appears and inserting ``management and 
        administration'';
            (2) in paragraph (2), by striking ``; and'';
            (3) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
            ``(4) for fiscal year 2021, $1,124,242,980; and
            ``(5) for fiscal year 2022, $1,146,727,840.''.

SEC. 633. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

    Section 1204 of the Implementing Recommendations of the 9/11 
Commission Act (6 U.S.C. 1102) is amended--
            (1) in subsection (b)(4), by striking ``Rescue'' and 
        inserting ``Recovery'';
            (2) in subsection (c), by inserting ``to the extent 
        practicable, provide training in settings that simulate real 
        response environments, such as urban areas,'' after 
        ``levels,'';
            (3) in subsection (d), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) for the Center for Domestic Preparedness--
                    ``(A) $68,131,920 for fiscal year 2021; and
                    ``(B) $69,494,558 for fiscal year 2022; and
            ``(2) for the members referred to in paragraphs (2) through 
        (7) of subsection (b)--
                    ``(A) $103,020,000 for fiscal year 2021; and
                    ``(B) $105,080,400 for fiscal year 2022.''; and
            (4) in subsection (e) by striking--
                    (A) ``each of the following entities'' and 
                inserting ``members enumerated in section (b)'';
                    (B) ``2007--'' and inserting ``2015.''; and
                    (C) paragraphs (1) through (5).

SEC. 634. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.

    (a) In General.--The Secretary of Homeland Security is authorized 
to establish a Rural Domestic Preparedness Consortium within the 
Department of Homeland Security consisting of universities and 
nonprofit organizations qualified to provide training to emergency 
response providers from rural communities.
    (b) Duties.--The Rural Domestic Preparedness Consortium authorized 
under subsection (a) shall identify, develop, test, and deliver 
training to State, local, and Tribal emergency response providers from 
rural communities, provide on-site and mobile training, and facilitate 
the delivery of training by the training partners of the Department of 
Homeland Security.
    (c) Authorization of Appropriations.--Of amounts appropriated for 
Continuing Training Grants of the Department of Homeland Security, 
$5,000,000 is authorized to be used for the Rural Domestic Preparedness 
Consortium authorized under subsection (a).

SEC. 635. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.

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

``SEC. 529. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.

    ``(a) In General.--There is established in the Agency a Center for 
Faith-Based and Neighborhood Partnerships, headed by a Director 
appointed by the Secretary.
    ``(b) Mission.--The mission of the Center shall be to develop and 
coordinate Departmental outreach efforts with faith-based and community 
organizations and serve as a liaison between such organizations and 
components of the Department for activities related to securing 
facilities, emergency preparedness and response, and combating human 
trafficking.
    ``(c) Responsibilities.--In support of the mission of the Center 
for Faith-Based and Neighborhood Partnerships, the Director shall--
            ``(1) develop exercises that engage faith-based and 
        community organizations to test capabilities for all hazards, 
        including active shooter incidents;
            ``(2) coordinate the delivery of guidance and training to 
        faith-based and community organizations related to securing 
        their facilities against natural disasters, acts of terrorism, 
        and other man-made disasters;
            ``(3) conduct outreach to faith-based and community 
        organizations regarding guidance, applicable grant programs, 
        training, and exercises and Departmental capabilities available 
        to assist faith-based and community organizations to secure 
        their facilities against natural disasters, acts of terrorism, 
        and other man-made disasters;
            ``(4) facilitate engagement and coordination among the 
        emergency management community and faith-based and community 
        organizations;
            ``(5) deliver training and technical assistance to faith-
        based and community-based organizations and provide subject-
        matter expertise related to anti-human trafficking efforts to 
        help communities successfully partner with other Blue Campaign 
        components; and
            ``(6) perform any other duties as assigned by the 
        Administrator.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 528 the following new item:

``Sec. 529. Center for Faith-Based and Neighborhood Partnerships.''.

SEC. 636. EMERGENCY SUPPORT FUNCTIONS.

    (a) Update.--Paragraph (13) of section 504(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 314(a)) is amended by inserting ``, 
periodically updating (but not less often than once every five 
years),'' after ``administering''.
    (b) Emergency Support Functions.--Section 653 of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 753; title VI of the 
Department of Homeland Security Appropriations Act, 2007; Public Law 
109-295) is amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Coordination.--The President, acting through the 
Administrator, shall develop and provide to Federal departments and 
agencies with coordinating, primary, or supporting responsibilities 
under the National Response Framework performance metrics to ensure 
readiness to execute responsibilities under the emergency support 
functions of such Framework.''.

SEC. 637. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.

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

SEC. 638. REMEDIAL ACTION MANAGEMENT PROGRAM.

    Section 650 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 750; title VI of the Department of Homeland Security 
Appropriations Act, 2007; Public Law 109-295) is amended to read as 
follows:

``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.

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

SEC. 639. STRATEGIC HUMAN CAPITAL PLAN.

    Subsection (c) of section 10102 of title 5, United States Code, is 
amended by striking ``2007'' and inserting ``2021''.

SEC. 640. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.

    (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 Federal 
Emergency Management Agency an Office of Disability Integration and 
Coordination, which shall be headed by a Director.
    ``(b) Mission.--The mission of the Office is to ensure that 
individuals with disabilities and other access and functional needs are 
included in emergency management activities throughout the Agency by 
providing guidance, tools, methods, and strategies for the purpose of 
equal physical program and effective communication access.
    ``(c) Responsibilities.--In support of the mission of the Office, 
the Director shall--
            ``(1) provide guidance and coordination on matters related 
        to individuals with disabilities in emergency planning 
        requirements and relief efforts in the event of a natural 
        disaster, act of terrorism, or other man-made disaster;
            ``(2) oversee Office staff and personnel responsible for 
        disability integration in each regional office with respect to 
        carrying out the mission of the Office;
            ``(3) liaise with the staff of the Agency including 
        nonpermanent employees, organizations representing individuals 
        with disabilities, other agencies of the Federal Government, 
        and State, local, and Tribal government authorities regarding 
        the needs of individuals with disabilities in emergency 
        planning requirements and relief efforts in the event of a 
        natural disaster, act of terrorism, or other man-made disaster;
            ``(4) 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;
            ``(5) ensure the coordination and dissemination of best 
        practices and model evacuation plans for individuals with 
        disabilities;
            ``(6) 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;
            ``(7) coordinate with the Emergency Management Institute, 
        Center for Domestic Preparedness, Center for Homeland Defense 
        and Security, U.S. Fire Administration, National Exercise 
        Program, and National Domestic Preparedness Consortium to 
        ensure that content related to persons with disabilities, 
        access and functional needs, and children are integrated into 
        existing and future emergency management trainings;
            ``(8) promote the accessibility of telephone hotlines and 
        websites regarding emergency preparedness, evacuations, and 
        disaster relief;
            ``(9) 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;
            ``(10) ensure the availability of accessible transportation 
        options for individuals with disabilities in the event of an 
        evacuation;
            ``(11) provide guidance and implement policies to ensure 
        that the rights and feedback of individuals with disabilities 
        regarding post-evacuation residency and relocation are 
        respected;
            ``(12) ensure that meeting the needs of individuals with 
        disabilities are included in the components of the national 
        preparedness system established under section 644 of the Post-
        Katrina Emergency Management Reform Act of 2006 (Public Law 
        109-295; 120 Stat. 1425; 6 U.S.C. 744); and
            ``(13) 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' shall mean the National 
Council on Disabilities and the Interagency Coordinating Council on 
Preparedness and Individuals with Disabilities, among other appropriate 
disability organizations.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by striking the item relating to 
        section 513 and inserting the following new item:

``Sec. 513. Office of Disability Integration and Coordination.''.
    (b) Reporting.--
            (1) Report to congress.--Not later than 120 days after the 
        date of the enactment of this section, the Administrator shall 
        submit to Congress a report on the funding and staffing needs 
        of the Office of Disability Integration and Coordination under 
        section 513 of the Homeland Security Act of 2002, as amended by 
        subsection (a).
            (2) Comptroller general review.--Not later than 120 days 
        after the date of the submission of the report under paragraph 
        (1), the Comptroller General of the United States shall review 
        the report to evaluate whether the funding and staffing needs 
        described in the report are sufficient to support the 
        activities of the Office of Disability Integration and 
        Coordination.

SEC. 641. FEMA SENIOR LAW ENFORCEMENT ADVISOR.

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

``SEC. 530. SENIOR LAW ENFORCEMENT ADVISOR.

    ``(a) Establishment.--There is established in the Agency a Senior 
Law Enforcement Advisor to serve as a qualified expert to the 
Administrator for the purpose of strengthening the Agency's 
coordination among State, local, and Tribal law enforcement.
    ``(b) Qualifications.--The Senior Law Enforcement Advisor shall 
have an appropriate background with experience in law enforcement, 
intelligence, information sharing, and other emergency response 
functions.
    ``(c) Responsibilities.--The Senior Law Enforcement Advisor shall--
            ``(1) coordinate on behalf of the Administrator with the 
        Office for State and Local Law Enforcement under section 2006 
        for the purpose of ensuring State, local, and Tribal law 
        enforcement receive consistent and appropriate consideration in 
        policies, guidance, training, and exercises related to 
        preventing, preparing for, protecting against, and responding 
        to natural disasters, acts of terrorism, and other man-made 
        disasters within the United States;
            ``(2) work with the Administrator and the Office for State 
        and Local Law Enforcement under section 2006 to ensure grants 
        to State, local, and Tribal government agencies, including 
        programs under sections 2003, 2004, and 2006(a), appropriately 
        focus on terrorism prevention activities; and
            ``(3) serve other appropriate functions as determined by 
        the Administrator.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 529, as added by this title, the following new 
item:

``Sec. 530. Senior Law Enforcement Advisor.''.

SEC. 642. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT.

    (a) Homeland Security Act of 2002.--Title V of the Homeland 
Security Act of 2002 (6 U.S.C. 501 et seq.) is amended--
            (1) in section 501(8) (6 U.S.C. 311(8))--
                    (A) by striking ``National Response Plan'' each 
                place it appears and inserting ``National Response 
                Framework''; and
                    (B) by striking ``502(a)(6)'' and inserting 
                ``504(a)(6)'';
            (2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting 
        ``and incidents impacting critical infrastructure'' before the 
        semicolon;
            (3) in section 504(a) (6 U.S.C. 314(a))--
                    (A) in paragraph (3) by striking ``, including--'' 
                and inserting ``(that includes incidents impacting 
                critical infrastructure), including--'';
                    (B) in paragraph (4) by inserting ``, including 
                incidents impacting critical infrastructure'' before 
                the semicolon;
                    (C) in paragraph (5) by striking ``and local'' and 
                inserting ``local, and Tribal'';
                    (D) in paragraph (6) by striking ``national 
                response plan'' and inserting ``national response 
                framework, which shall be reviewed and updated as 
                required but not less than every 5 years'';
                    (E) by redesignating paragraphs (7) through (21) as 
                paragraphs (8) through (22), respectively;
                    (F) by inserting after paragraph (6) the following:
            ``(7) developing integrated frameworks, to include 
        consolidating existing Government plans addressing prevention, 
        protection, mitigation, and recovery with such frameworks 
        reviewed and updated as required, but not less than every 5 
        years;''; and
                    (G) in paragraph (14), as so redesignated, by 
                striking ``National Response Plan'' each place it 
                appears and inserting ``National Response Framework'';
            (4) in section 507 (6 U.S.C. 317)--
                    (A) in subsection (c)--
                            (i) in paragraph (2)(E), by striking 
                        ``National Response Plan'' and inserting 
                        ``National Response Framework''; and
                            (ii) in paragraph (3)(A), by striking 
                        ``National Response Plan'' and inserting 
                        ``National Response Framework''; and
                    (B) in subsection (f)(1)(G), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework'';
            (5) in section 508 (6 U.S.C. 318)--
                    (A) in subsection (b)(1), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework''; and
                    (B) in subsection (d)(2)(A), by striking ``The 
                Deputy Administrator, Protection and National 
                Preparedness'' and inserting ``A Deputy 
                Administrator'';
            (6) in section 509 (6 U.S.C. 319)--
                    (A) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``National Response 
                                Plan'' and inserting ``National 
                                Response Framework, National Protection 
                                Framework, National Prevention 
                                Framework, National Mitigation 
                                Framework, National Recovery 
                                Framework'';
                                    (II) by striking ``successor'' and 
                                inserting ``successors''; and
                                    (III) by striking ``plan'' at the 
                                end of that paragraph and inserting 
                                ``framework''; and
                            (ii) in paragraph (2), by striking 
                        ``National Response Plan'' each place it 
                        appears and inserting ``National Response 
                        Framework''; and
                    (B) in subsection (c)(1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``National response 
                                plan'' in the header and inserting 
                                ``National response framework''; and
                                    (II) by striking ``National 
                                Response Plan'' in the text and 
                                inserting ``National Response 
                                Framework''; and
                            (ii) in subparagraph (B), by striking 
                        ``National Response Plan'' and inserting 
                        ``National Response Framework'';
            (7) in section 510 (6 U.S.C. 320)--
                    (A) in subsection (a), by striking ``enter into a 
                memorandum of understanding'' and inserting 
                ``partner'';
                    (B) in subsection (b)(1)(A), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework''; and
                    (C) in subsection (c), by striking ``National 
                Response Plan'' and inserting ``National Response 
                Framework'';
            (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking 
        ``and local'' each place it appears and inserting ``, local, 
        and Tribal'';
            (9) by striking section 524 (6 U.S.C. 321m); and
            (10) in section 525(a) (6 U.S.C. 321n), by striking 
        ``Secretary'' and inserting ``Administrator''.
    (b) Post-Katrina Emergency Management Reform Act of 2006.--
            (1) Citation correction.--Section 602(13) of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        701(13)) is amended by striking ``502(a)(6)'' and inserting 
        ``504(a)(6)''.
            (2) Change of reference.--Chapter 1 of subtitle C of title 
        VI of the Post-Katrina Emergency Management Reform Act of 2006 
        (Public Law 109-295) is amended by striking ``National Response 
        Plan'' each place it appears and inserting ``National Response 
        Framework''.
    (c) Savings Clause.--The amendments made by subsection (a) to 
section 503(b)(2)(A) and paragraphs (3) and (4) of section 504(a) of 
the Homeland Security Act of 2002 may not be construed as affecting the 
authority, existing on the day before the date of enactment of this 
division, of any other component of the Department of Homeland Security 
or any other Federal department or agency.

              Subtitle D--Genome Editing Threat Assessment

SEC. 651. GENOME EDITING THREAT ASSESSMENT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary for the Countering 
Weapons of Mass Destruction Office of the Department of Homeland 
Security, in coordination with the Under Secretary for Intelligence and 
Analysis of the Department, the Under Secretary for the Science and 
Technology Directorate of the Department, and other Federal partners, 
as appropriate, shall develop a threat assessment on the potential 
homeland security vulnerabilities associated with genome modification 
and editing. Such threat assessment shall include information relating 
to the following:
            (1) The dual-use of emerging biotechnology.
            (2) The ability of gene editing to maliciously proliferate 
        infectious diseases and pandemics on human, animal, and plant 
        populations.
            (3) The cybersecurity vulnerabilities in computer systems 
        analyzing genomic data.
            (4) Privacy concerns associated with analyzing genomic 
        data.
    (b) Recommendations.--Upon completion of the threat assessment 
required under subsection (a), the Secretary of Homeland Security shall 
make a determination if any changes to future operations of the 
Department of Homeland Security are required to address security 
vulnerabilities identified in such assessment.
    (c) Report.--Not later than 60 days after the completion of the 
threat assessment required under subsection (a), the Secretary of 
Homeland Security shall, consistent with the protection of classified 
information, report to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate on the findings of such threat 
assessment, any identified recommendations, plans for incorporating 
such recommendations into future operations of the Department of 
Homeland Security, and any proposed legislative changes informed by 
such threat assessment.

                    TITLE VII--PANDEMIC PREPAREDNESS

SEC. 701. CHIEF MEDICAL OFFICER.

    Section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 587) is 
amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``and shall establish medical and human, 
                animal, and occupational health exposure policy, 
                guidance, strategies, and initiatives,'' before 
                ``including--'';
                    (B) in paragraph (1), by inserting before the 
                semicolon at the end the following: ``, including 
                advice on how to prepare for, protect against, respond 
                to, recover from, and mitigate against the medical 
                effects of terrorist attacks or other high consequence 
                events utilizing chemical, biological, radiological, or 
                nuclear agents or explosives'';
                    (C) in paragraph (2), by inserting before the 
                semicolon at the end the following: ``, including 
                coordinating the Department's policy, strategy, and 
                preparedness for pandemics and emerging infectious 
                diseases'';
                    (D) in paragraph (4)--
                            (i) by inserting ``emergency medical 
                        services and medical first responder 
                        stakeholders,'' after ``the medical 
                        community,''; and
                            (ii) by striking ``and'' at the end;
                    (E) by redesignating paragraph (5) as paragraph 
                (9); and
                    (F) by inserting after paragraph (4) the following 
                new paragraphs:
            ``(5) ensuring that the workforce of the Department has 
        evidence-based policy, standards, requirements, and metrics for 
        operational medicine programs;
            ``(6) directing and maintaining a coordinated system for 
        medical support for the Department's operational activities;
            ``(7) providing oversight of the Department's medical 
        programs and providers, including--
                    ``(A) reviewing and maintaining verification of the 
                accreditation of the Department's health provider 
                workforce;
                    ``(B) developing quality assurance and clinical 
                policy, requirements, standards, and metrics for all 
                medical and health activities of the Department;
                    ``(C) providing oversight of medical records 
                systems for employees and individuals in the 
                Department's care and custody; and
                    ``(D) providing medical direction for emergency 
                medical services activities of the Department;
            ``(8) as established under section 1932, maintaining a 
        medical countermeasures stockpile and dispensing system, as 
        necessary, to facilitate personnel readiness, and protection 
        for the Department's employees and working animals and 
        individuals in the Department's care and custody in the event 
        of a chemical, biological, radiological, nuclear, or explosives 
        attack, naturally occurring disease outbreak, or pandemic; 
        and''; and
            (2) by adding at the end the following new subsection:
    ``(d) Medical Liaisons.--The Chief Medical Officer may provide 
medical liaisons to the components of the Department to provide subject 
matter expertise on medical and public health issues and a direct link 
to the Chief Medical Officer. Such expertise may include the following:
            ``(1) Providing guidance on health and medical aspects of 
        policy, planning, and operations.
            ``(2) Supporting the development and alignment of medical 
        and health systems.
            ``(3) Identifying--
                    ``(A) common gaps in medical and health standards, 
                policy, or guidance; and
                    ``(B) enterprise solutions to bridge such gaps.''.

SEC. 702. MEDICAL COUNTERMEASURES PROGRAM.

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

``SEC. 1932. MEDICAL COUNTERMEASURES.

    ``(a) In General.--The Secretary shall establish a medical 
countermeasures program to facilitate personnel readiness, and 
protection for the Department's employees and working animals and 
individuals in the Department's care and custody, in the event of a 
chemical, biological, radiological, nuclear, or explosives attack, 
naturally occurring disease outbreak, or pandemic, and to support 
Department mission continuity.
    ``(b) Oversight.--The Chief Medical Officer of the Department shall 
provide programmatic oversight of the medical countermeasures program 
established pursuant to subsection (a), and shall--
            ``(1) develop Department-wide standards for medical 
        countermeasure storage, security, dispensing, and 
        documentation;
            ``(2) maintain a stockpile of medical countermeasures, 
        including antibiotics, antivirals, and radiological 
        countermeasures, as appropriate;
            ``(3) preposition appropriate medical countermeasures in 
        strategic locations nationwide, based on threat and employee 
        density, in accordance with applicable Federal statutes and 
        regulations;
            ``(4) provide oversight and guidance on dispensing of 
        stockpiled medical countermeasures;
            ``(5) ensure rapid deployment and dispensing of medical 
        countermeasures in a chemical, biological, radiological, 
        nuclear, or explosives attack, naturally occurring disease 
        outbreak, or pandemic;
            ``(6) provide training to Department employees on medical 
        countermeasure dispensing; and
            ``(7) support dispensing exercises.
    ``(c) Medical Countermeasures Working Group.--The Chief Medical 
Officer shall establish a medical countermeasures working group 
comprised of representatives from appropriate components and offices of 
the Department to ensure that medical countermeasures standards are 
maintained and guidance is consistent.
    ``(d) Medical Countermeasures Management.--Not later than 180 days 
after the date of the enactment of this section, the Chief Medical 
Officer shall develop and submit to the Secretary an integrated 
logistics support plan for medical countermeasures, including--
            ``(1) a methodology for determining the ideal types and 
        quantities of medical countermeasures to stockpile and how 
        frequently such methodology shall be reevaluated;
            ``(2) a replenishment plan; and
            ``(3) inventory tracking, reporting, and reconciliation 
        procedures for existing stockpiles and new medical 
        countermeasure purchases.
    ``(e) Stockpile Elements.--In determining the types and quantities 
of medical countermeasures to stockpile under subsection (d), the Chief 
Medical Officer shall utilize, if available--
            ``(1) Department chemical, biological, radiological, and 
        nuclear risk assessments; and
            ``(2) Centers for Disease Control and Prevention guidance 
        on medical countermeasures.
    ``(f) Report.--Not later than 180 days after the date of the 
enactment of this section, the Chief Medical Officer shall report to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate on progress in achieving the requirements of this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 1931 the following new item:

``Sec. 1932. Medical countermeasures.''.

SEC. 703. PERSONAL PROTECTIVE EQUIPMENT.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Personal protective equipment.--The term ``personal 
        protective equipment'' includes protective gloves, masks, and 
        any additional protective equipment determined appropriate by 
        the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Availability of Personal Protective Equipment for Certain 
Department Personnel.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall ensure the 
        availability of an adequate supply of personal protective 
        equipment to equip personnel of the Department and each 
        component conducting operations requiring contact with the 
        public for use during the COVID-19 global pandemic. Such 
        personnel include the following:
                    (A) Transportation Security Officers.
                    (B) Explosives Detection Canine Handlers.
                    (C) Federal Air Marshals.
                    (D) Transportation Security Inspectors.
                    (E) Administration personnel involved in operations 
                of Visual Intermodal Prevention and Response teams.
                    (F) U.S. Border Patrol agents.
                    (G) U.S. Customs and Border Protection officers.
                    (H) Air and Marine Officers.
                    (I) U.S. Border Patrol Processing Coordinators.
                    (J) Officers of the Federal Protective Service.
                    (K) Secret Service Agents and officers.
                    (L) U.S. Immigration and Customs Enforcement 
                officers.
                    (M) Any other personnel determined appropriate by 
                the Secretary.
            (2) Job hazard analysis.--Not later than 30 days after the 
        date of the enactment of this Act, each Department component 
        head shall--
                    (A) ensure the job hazard analysis of each such 
                component identifies the regular duties and tasks 
                required of relevant personnel to determine the amount 
                of personal protective equipment required per shift to 
                conduct specified duties and tasks; and
                    (B) provide to the Secretary such analysis.
            (3) Storage.--Not later than 30 days after the date of the 
        enactment of this Act, each Department component head shall 
        identify and implement appropriate best practices for storing 
        personal protective equipment.
            (4) Measures to protect certain frontline personnel.--Not 
        later than 60 days after the date of the enactment of this Act, 
        each Department component head shall identify and implement 
        measures to augment existing Department facilities and vehicles 
        to protect frontline Department personnel regularly interacting 
        with or transporting individuals in the public. Such measures 
        shall include the implementation of technologies such as 
        plexiglass barriers, biometric technology, computed tomography, 
        detection-at-range, and credential authentication technology 
        utilizing digital camera technology.
            (5) Policies.--Not later than 60 days after the date of the 
        enactment of this Act, the Secretary shall develop or update, 
        as appropriate, policies for the workforce of the Department 
        related to the use and potential reuse and availability of 
        personal protective equipment.
            (6) Report to congress.--The Secretary shall report to the 
        appropriate congressional committees regarding the 
        implementation of this subsection.
    (c) COVID-19 After-Action Review.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees an after-action review to 
examine the Department's response and mitigation efforts related to the 
COVID-19 global pandemic. Such review shall include information 
relating to the following:
            (1) The overall preparedness of the Department and each of 
        the Department components to respond to the COVID-19 global 
        pandemic, including preparedness to continue to fulfill its 
        mission and protect Department personnel, the public, the 
        transportation system, ports of entry, and the border.
            (2) Communication challenges related to effectively 
        engaging with the public, Department personnel, and appropriate 
        Federal, State, local, Tribal, and industry stakeholders.
            (3) The effectiveness of existing authorities allowing the 
        Department to utilize weather and safety leave policies, hazard 
        pay, or other personnel management policies to protect 
        Department personnel.
            (4) Impacts on security functions, operations, and other 
        homeland security missions.
            (5) The availability of personal protective equipment for 
        Department personnel and individuals in the custody of the 
        Department.
            (6) The extent to which technologies to promote less 
        contact between Department personnel and the public, such as 
        the technologies referred to in subsection (d), were 
        implemented, and any challenges or impediments to such 
        implementation.
            (7) Recommendations for action to improve the preparedness 
        of the Department for future crises and pandemics.

SEC. 704. TELEWORKING ASSESSMENT.

    Not later than one year after the date of the enactment of this 
Act, the Comptroller General of the United States shall conduct a 
review of the capabilities of the Department of Homeland Security to 
support Department-wide teleworking activity during the COVID-19 
pandemic. Such review shall include the following:
            (1) A description of how many employees in each component 
        of the Department engaged in teleworking prior to the COVID-19 
        pandemic and how many engaged in teleworking beginning in March 
        2020.
            (2) An evaluation of the capabilities of each of the 
        components to support remote teleworking activities during the 
        COVID-19 pandemic.
            (3) An evaluation of the security protocols and guidance 
        developed by the Department and the level of compliance by 
        employees with such protocols.
            (4) An assessment of the major issues encountered by each 
        component during the transition to teleworking due to the 
        COVID-19 pandemic.
            (5) An assessment of the availability of assistance with 
        teleworking capabilities during the COVID-19 pandemic.
            (6) An assessment of the capability of the Department to 
        support teleworking by employees engaged in responsibilities 
        that require the review of classified materials.
            (7) Recommendations for improving teleworking capabilities 
        for all employees, including for employees engaged in 
        responsibilities that require the review of classified 
        materials.

SEC. 705. TRANSPORTATION SECURITY PUBLIC HEALTH THREAT PREPAREDNESS.

    (a) Definitions.--In this section:
            (1) Administration; tsa.--The terms ``Administration'' and 
        ``TSA'' mean the Transportation Security Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security of the House 
                of Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Commerce, 
                Science, and Transportation of the Senate.
            (4) Department.--The terms ``Department'' means the 
        Department of Homeland Security.
    (b) Authorization of TSA Personnel Details.--
            (1) In general.--Pursuant to section 114(m) of title 49, 
        United States Code, the Administrator is authorized to provide 
        Administration personnel to other components of the Department 
        and other Federal agencies to improve coordination with such 
        components and such agencies to prepare for, protect against, 
        and respond to public health threats to transportation 
        security.
            (2) Strategy.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator shall brief the 
        appropriate congressional committees regarding a strategy to 
        improve coordination with other components of the Department 
        and other Federal agencies to prepare for, protect against, and 
        respond to public health threats to transportation security.
    (c) TSA Preparedness.--
            (1) Risk analysis.--To the extent possible and in 
        consultation with transportation security stakeholders, the 
        Administrator shall conduct an analysis of transportation 
        sector preparedness for public health threats. Such analysis 
        shall assess at a minimum the following:
                    (A) The risks of public health threats to 
                transportation security, including to transportation 
                hubs, transportation security stakeholders, 
                Administration personnel, and passengers.
                    (B) Information sharing challenges among relevant 
                components of the Department, other Federal agencies, 
                international partners, and transportation security 
                stakeholders.
                    (C) Impacts on changes to Administration policies 
                and procedures for screening passengers and property.
            (2) Briefing to congress.--Not later than 180 days after 
        the date of the enactment of this Act, the Administrator shall 
        brief the appropriate congressional committees on the 
        following:
                    (A) The risk analysis required under paragraph (1).
                    (B) Technologies necessary to advance toward a 
                contactless checkpoint to better protect from future 
                public health threats Administration personnel, 
                passengers, airport personnel, and authorized personnel 
                who pass through airport screening areas.
                    (C) Policies and procedures implemented by the 
                Administration and transportation security stakeholders 
                to protect from public health threats Administration 
                personnel, passengers, airport personnel, and 
                authorized personnel who pass through airport screening 
                areas, as well as future plans for additional measures 
                relating to such protection.
                    (D) The status of existing or future planned 
                security directives or emergency amendments to air 
                carrier security requirements for flights from 
                international points.
                    (E) How the Administration coordinates and shares 
                information with relevant domestic and international 
                partners during a public health threat, and how such 
                coordination may be improved.

SEC. 706. SECURING CRITICAL SUPPLIES.

    (a) Strategy To Prevent a Shortage of Items Determined To Be 
Critical to Survival During a Crisis and Safeguard the Supply Chains of 
Such Items.--Not later than 180 days after the date of the enactment of 
this Act, the Secretary, acting through the Under Secretary and the 
Director, shall--
            (1) identify items determined by the Secretary to be 
        critical to survival during a crisis resulting from a terrorist 
        attack, pandemic, or natural disaster;
            (2) assess the activities of the Department with respect to 
        the prevention of a shortage of items;
            (3) assess vulnerabilities in the supply chain for such 
        items, which vulnerabilities may be exploited by individuals, 
        entities, or foreign terrorist organizations that may have an 
        adversarial relationship with the United States; and
            (4) develop and submit to the appropriate congressional 
        committees a--
                    (A) report containing a strategy to prevent such a 
                shortage based upon the assessments required under 
                paragraph (2); and
                    (B) classified annex to the report required under 
                subparagraph (A) relating to a strategy to prevent the 
                exploitation of vulnerabilities in the supply chain for 
                such items based upon the assessment required under 
                paragraph (3).
    (b) Matters Included.--The strategies required under subsection (a) 
shall include--
            (1) an identification of items that the Secretary 
        determines to be critical to survival, including--
                    (A) food and water;
                    (B) prescription medication;
                    (C) medical supplies; and
                    (D) energy infrastructure and supplies;
            (2) an examination of whether the source of any such item 
        is foreign-owned, controlled, or influenced by a country that 
        may have an adversarial relationship with the United States; 
        and
            (3) recommendations with respect to steps the Department 
        could take to--
                    (A) ensure the availability of such items; and
                    (B) safeguard from exploitation by individuals, 
                entities, or foreign terrorist organizations the supply 
                chain for such items.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security of the House 
                of Representatives; and
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Director.--The term ``Director'' means the Director of 
        the Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Intelligence and Analysis of the 
        Department of Homeland Security.
                                 <all>