[Congressional Record Volume 163, Number 123 (Thursday, July 20, 2017)]
[House]
[Pages H6047-H6120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT

  Mr. McCAUL. Mr. Speaker, pursuant to House Resolution 454, I move to 
suspend the rules and pass the bill (H.R. 2825) to amend the Homeland 
Security Act of 2002 to make certain improvements in the laws 
administered by the Secretary of Homeland Security, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2825

       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 ``Department 
     of Homeland Security Authorization Act'' or the ``DHS 
     Authorization Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

                     DIVISION A--HOMELAND SECURITY

         TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS

Sec. 1001. Short title.

                  Subtitle A--Headquarters Operations

Sec. 1101. Homeland security enterprise defined.
Sec. 1102. Functions and components of Headquarters of Department of 
              Homeland Security.
Sec. 1103. Repeal of Director of Shared Services and Office of 
              Counternarcotics Enforcement of Department of Homeland 
              Security.
Sec. 1104. Responsibilities and functions of Chief Privacy Officer.
Sec. 1105. Responsibilities of Chief Financial Officer.
Sec. 1106. Chief Information Officer.
Sec. 1107. Quadrennial Homeland Security review.
Sec. 1108. Office of Strategy, Policy, and Plans.
Sec. 1109. Office of External Affairs.
Sec. 1110. Chief Procurement Officer.
Sec. 1111. Chief Security Officer.
Sec. 1112. Office of Inspector General.
Sec. 1113. Office for Civil Rights and Civil Liberties.
Sec. 1114. Department of Homeland Security Rotation Program.
Sec. 1115. Future Years Homeland Security Program.
Sec. 1116. Field efficiencies plan.
Sec. 1117. Submission to Congress of information regarding 
              reprogramming or transfer of Department of Homeland 
              Security resources to respond to operational surges.
Sec. 1118. Report to Congress on cost savings and efficiency.
Sec. 1119. Research and development and CBRNE organizational review.
Sec. 1120. Activities related to children.

             Subtitle B--Human Resources and Other Matters

Sec. 1131. Chief Human Capital Officer responsibilities.
Sec. 1132. Employee engagement steering committee and action plan.
Sec. 1133. Annual employee award program.
Sec. 1134. Independent investigation and implementation plan.
Sec. 1135. Timely guidance to DHS personnel regarding Executive Orders.
Sec. 1136. Secretary's responsibilities regarding election 
              infrastructure.

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

Sec. 1201. Definitions.

                  Subtitle A--Acquisition Authorities

Sec. 1211. Acquisition authorities for Under Secretary for Management 
              of the Department of Homeland Security.
Sec. 1212. Acquisition authorities for Chief Financial Officer of the 
              Department of Homeland Security.
Sec. 1213. Acquisition authorities for Chief Information Officer of the 
              Department of Homeland Security.
Sec. 1214. Acquisition authorities for Program Accountability and Risk 
              Management.
Sec. 1215. Acquisition innovation.

         Subtitle B--Acquisition Program Management Discipline

Sec. 1221. Acquisition Review Board.
Sec. 1222. Requirements to reduce duplication in acquisition programs.
Sec. 1223. Department leadership council.
Sec. 1224. Government Accountability Office review of Board and of 
              requirements to reduce duplication in acquisition 
              programs.
Sec. 1225. Excluded party list system waivers.
Sec. 1226. Inspector General oversight of suspension and debarment.

     Subtitle C--Acquisition Program Management Accountability and 
                              Transparency

Sec. 1231. Congressional notification for major acquisition programs.
Sec. 1232. Multiyear Acquisition Strategy.
Sec. 1233. Acquisition reports.

            TITLE III--INTELLIGENCE AND INFORMATION SHARING

  Subtitle A--Department of Homeland Security Intelligence Enterprise

Sec. 1301. Homeland intelligence doctrine.
Sec. 1302. Analysts for the Chief Intelligence Officer.
Sec. 1303. Annual homeland terrorist threat assessments.
Sec. 1304. Department of Homeland Security data framework.
Sec. 1305. Establishment of Insider Threat Program.
Sec. 1306. Threat assessment on terrorist use of virtual currency.
Sec. 1307. Department of Homeland Security counterterrorism advisory 
              board.
Sec. 1308. Border and gang threat assessment.
Sec. 1309. Security clearance management and administration.

              Subtitle B--Stakeholder Information Sharing

Sec. 1311. Department of Homeland Security Fusion Center Partnership 
              Initiative.
Sec. 1312. Fusion center personnel needs assessment.
Sec. 1313. Program for State and local analyst clearances.
Sec. 1314. Information technology assessment.
Sec. 1315. Department of Homeland Security classified facility 
              inventory and dissemination.
Sec. 1316. Terror inmate information sharing.
Sec. 1317. Annual report on Office for State and Local Law Enforcement.
Sec. 1318. Annual catalog on Department of Homeland Security training, 
              publications, programs, and services for State, local, 
              and tribal law enforcement agencies.

                      TITLE IV--MARITIME SECURITY

Sec. 1401. Strategic plan to enhance the security of the international 
              supply chain.
Sec. 1402. Container Security Initiative.
Sec. 1403. Cyber at ports.
Sec. 1404. Facility inspection intervals.
Sec. 1405. Updates of maritime operations coordination plan.
Sec. 1406. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 1407. Cost benefit analysis of co-locating DHS assets.
Sec. 1408. Repeal of interagency operational centers for port security 
              and secure systems of transportation.
Sec. 1409. Maritime security capabilities assessments.
Sec. 1410. Conforming and clerical amendments.

            TITLE V--TRANSPORTATION SECURITY ADMINISTRATION

                       Subtitle A--Administration

Sec. 1501. Amendments to the Homeland Security Act of 2002 and title 5, 
              United States Code.
Sec. 1502. Amendments to title 49, United States Code.
Sec. 1503. Amendments to the Aviation and Transportation Security Act.
Sec. 1504. Information required to be submitted to Congress under the 
              strategic 5-year technology investment plan of the 
              Transportation Security Administration.
Sec. 1505. Maintenance of security-related technology.
Sec. 1506. Transportation Security Administration efficiency.

[[Page H6048]]

Sec. 1507. Transportation senior executive service accountability.

              Subtitle B--Passenger Security and Screening

Sec. 1511. Department of Homeland Security trusted traveler program 
              collaboration.
Sec. 1512. PreCheck Biometric pilot project.
Sec. 1513. Identity and travel document verification.
Sec. 1514. Computed tomography pilot project.
Sec. 1515. Explosives detection canine teams for aviation.
Sec. 1516. Standard operating procedures at airport checkpoints.
Sec. 1517. Traveler redress improvement.
Sec. 1518. Screening in areas other than passenger terminals.
Sec. 1519. Federal Air Marshal Service agreements.
Sec. 1520. Federal Air Marshal mission scheduling automation.
Sec. 1521. Canine detection research and development.
Sec. 1522. International Civil Aviation Organization.
Sec. 1523. Passenger security fee.
Sec. 1524. Last point of departure airport certification.
Sec. 1525. Security incident response at airports and surface 
              transportation hubs.
Sec. 1526. Airport security screening opt-out program.
Sec. 1527. Personnel management system review.
Sec. 1528. Innovation task force.
Sec. 1529. Airport law enforcement reimbursement.

 Subtitle C--Transportation Security Screening Personnel Training and 
                             Accountability

Sec. 1531. Transportation security training programs.
Sec. 1532. Alternate new security screening personnel training program 
              cost and feasibility study.
Sec. 1533. Prohibition of advance notice of covert testing to security 
              screeners.

       Subtitle D--Airport Access Controls and Perimeter Security

Sec. 1541. Reformation of certain programs of the Transportation 
              Security Administration.
Sec. 1542. Airport perimeter and access control security.
Sec. 1543. Exit lane security.
Sec. 1544. Reimbursement for deployment of armed law enforcement 
              personnel at airports.

                     Subtitle E--Air Cargo Security

Sec. 1551. Air cargo advance screening program.
Sec. 1552. Explosives detection canine teams for air cargo security.

           Subtitle F--Information Sharing and Cybersecurity

Sec. 1561. Information sharing and cybersecurity.

              Subtitle G--Surface Transportation Security

Sec. 1571. Definitions.
Sec. 1572. Surface transportation security assessment and 
              implementation of risk-based strategy.
Sec. 1573. Risk-based budgeting and resource allocation.
Sec. 1574. Surface transportation security management and interagency 
              coordination review.
Sec. 1575. Transparency.
Sec. 1576. TSA counterterrorism asset deployment.
Sec. 1577. Surface transportation security advisory committee.
Sec. 1578. Review of the explosives detection canine team program.
Sec. 1579. Expansion of national explosives detection canine team 
              program.
Sec. 1580. Explosive detection technology.
Sec. 1581. Study on security standards and best practices for United 
              States and foreign passenger transportation systems.
Sec. 1582. Amtrak security upgrades.
Sec. 1583. Study on surface transportation inspectors.
Sec. 1584. Security awareness program.
Sec. 1585. Voluntary use of credentialing.
Sec. 1586. Background records checks for issuance of hazmat licenses.
Sec. 1587. Recurrent vetting for surface transportation credential-
              holders.
Sec. 1588. Pipeline security study.

  Subtitle H--Security Enhancements in Public Areas of Transportation 
                               Facilities

Sec. 1591. Working group.
Sec. 1592. Technical assistance; Vulnerability assessment tools.
Sec. 1593. Operations centers.
Sec. 1594. Review of regulations.
Sec. 1595. Definition.

     TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS

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

Sec. 1601. Urban Area Security Initiative.
Sec. 1602. State Homeland Security Grant Program.
Sec. 1603. Grants to directly eligible tribes.
Sec. 1604. Law enforcement terrorism prevention.
Sec. 1605. Prioritization.
Sec. 1606. Allowable uses.
Sec. 1607. Approval of certain equipment.
Sec. 1608. Memoranda of understanding.
Sec. 1609. Grants metrics.
Sec. 1610. Grant management best practices.
Sec. 1611. Prohibition on consolidation.
Sec. 1612. Maintenance of grant investments.
Sec. 1613. Transit security grant program.
Sec. 1614. Port security grant program.
Sec. 1615. Cyber preparedness.
Sec. 1616. Major metropolitan area counterterrorism training and 
              exercise grant program.
Sec. 1617. Operation Stonegarden.
Sec. 1618. Non-Profit Security Grant Program.
Sec. 1619. Study of the use of grant funds for cybersecurity.

                       Subtitle B--Communications

Sec. 1631. Office of Emergency Communications.
Sec. 1632. Responsibilities of Office of Emergency Communications 
              Director.
Sec. 1633. Annual reporting on activities of the Office of Emergency 
              Communications.
Sec. 1634. National Emergency Communications Plan.
Sec. 1635. Technical edit.
Sec. 1636. Public Safety Broadband Network.
Sec. 1637. Communications training.

                    Subtitle C--Medical Preparedness

Sec. 1641. Chief Medical Officer.
Sec. 1642. Medical Countermeasures Program.

                        TITLE VII--OTHER MATTERS

Sec. 1701. Decision regarding certain executive memoranda.
Sec. 1702. Permanent authorization for Asia-Pacific Economic 
              Cooperation Business Travel Card Program.
Sec. 1703. Authorization of appropriations for Office of Inspector 
              General.
Sec. 1704. Canine teams.
Sec. 1705. Technical amendments to the Homeland Security Act of 2002.
Sec. 1706. Savings clause.

          DIVISION B--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

Sec. 2001. Short title.
Sec. 2002. Establishment of U.S. Immigration and Customs Enforcement.

     DIVISION C--UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

Sec. 3001. Short title.
Sec. 3002. Establishment of United States Citizenship and Immigration 
              Services.

                DIVISION D--UNITED STATES SECRET SERVICE

Sec. 4001. Short title.
Sec. 4002. Presidential appointment of Director of the Secret Service.
Sec. 4003. Restricted building or grounds.
Sec. 4004. Threats against former vice presidents.
Sec. 4005. Increased training.
Sec. 4006. Training facilities.
Sec. 4007. Evaluation of vulnerabilities and threats.
Sec. 4008. Evaluation of use of technology.
Sec. 4009. Evaluation of use of additional weaponry.
Sec. 4010. Security costs for secondary residences.
Sec. 4011. Establishment of Ethics Program Office.
Sec. 4012. Secret Service protection at polling places.
Sec. 4013. Sense of Congress.

                        DIVISION E--COAST GUARD

Sec. 5001. Short title.

                        TITLE I--AUTHORIZATIONS

Sec. 5101. Authorizations of appropriations.
Sec. 5102. Authorized levels of military strength and training.

                         TITLE II--COAST GUARD

Sec. 5201. Training; public safety personnel.
Sec. 5202. Commissioned service retirement.
Sec. 5203. Officer promotion zones.
Sec. 5204. Cross reference.
Sec. 5205. Repeal.
Sec. 5206. Unmanned aircraft system.
Sec. 5207. Coast Guard health-care professionals; licensure 
              portability.
Sec. 5208. Incentive contracts for Coast Guard yard and industrial 
              establishments.
Sec. 5209. Maintaining cutters in class.
Sec. 5210. Congressional affairs; Director.
Sec. 5211. Contracting for major acquisitions programs.
Sec. 5212. National Security Cutter.
Sec. 5213. Radar refresher training.
Sec. 5214. Repeal.
Sec. 5215. Extension of authority.
Sec. 5216. Authorization of amounts for Fast Response Cutters.
Sec. 5217. Authorization of amounts for ice trials of icebreaker 
              vessels.
Sec. 5218. Shoreside infrastructure.
Sec. 5219. Aircraft improvements.
Sec. 5220. Acquisition plan for inland waterway and river tenders and 
              Bay-class icebreakers.
Sec. 5221. Report on sexual assault victim recovery in the Coast Guard.

                 TITLE III--PORTS AND WATERWAYS SAFETY

Sec. 5301. Codification of Ports and Waterways Safety Act.
Sec. 5302. Conforming amendments.
Sec. 5303. Transitional and savings provisions.
Sec. 5304. Rule of construction.
Sec. 5305. Advisory Committee: Repeal.
Sec. 5306. Regattas and marine parades.
Sec. 5307. Regulation of vessels in territorial waters of United 
              States.

[[Page H6049]]

                TITLE IV--MARITIME TRANSPORTATION SAFETY

Sec. 5401. Clarification of logbook entries.
Sec. 5402. Technical corrections: licenses, certifications of registry, 
              and merchant mariner documents.
Sec. 5403. Numbering for undocumented barges.
Sec. 5404. Drawbridge deviation exemption.
Sec. 5405. Deadline for compliance with alternate safety compliance 
              programs.
Sec. 5406. Authorization for marine debris program.
Sec. 5407. Alternative distress signals.
Sec. 5408. Atlantic Coast Port Access Route Study recommendations.
Sec. 5409. Documentation of recreational vessels.
Sec. 5410. Certificates of documentation for recreational vessels.
Sec. 5411. Backup global positioning system.
Sec. 5412. Waters deemed not navigable waters of the United States for 
              certain purposes.
Sec. 5413. Uninspected passenger vessels in St. Louis County, 
              Minnesota.
Sec. 5414. Engine cut-off switch requirements.
Sec. 5415. Analysis of commercial fishing vessel classification 
              requirements.

                         TITLE V--MISCELLANEOUS

Sec. 5501. Repeal.
Sec. 5502. Reimbursements for non-Federal construction costs of certain 
              aids to navigation.
Sec. 5503. Corrections to provisions enacted by Coast Guard 
              Authorization Acts.
Sec. 5504. Ship Shoal Lighthouse transfer: Repeal.
Sec. 5505. Coast Guard maritime domain awareness.
Sec. 5506. Towing safety management system fees.
Sec. 5507. Oil spill disbursements auditing and report.
Sec. 5508. Land exchange, Ayakulik Island, Alaska.
Sec. 5509. Vessel response plans in the Arctic Report.
Sec. 5510. Assessment of public comments on additional anchorages on 
              the Hudson River.
Sec. 5511. Public safety answering points and maritime search and 
              rescue coordination.
Sec. 5512. Documentation of ``America's Finest''.

         DIVISION F--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

Sec. 6001. Short title.
Sec. 6002. Reauthorization of Federal Emergency Management Agency.
Sec. 6003. Comprehensive study of disaster costs and losses.
Sec. 6004. National Domestic Preparedness Consortium.
Sec. 6005. Rural Domestic Preparedness Consortium.
Sec. 6006. National preparation and response efforts relating to 
              earthquakes and tsunamis.
Sec. 6007. Authorities.
Sec. 6008. Center for faith-based and neighborhood partnerships.
Sec. 6009. Emergency support functions.
Sec. 6010. Review of National Incident Management System.
Sec. 6011. Remedial action management program.
Sec. 6012. Center for Domestic Preparedness.
Sec. 6013. FEMA Senior Law Enforcement Advisor.
Sec. 6014. Technical expert authorized.
Sec. 6015. Mission support.
Sec. 6016. Systems modernization.
Sec. 6017. Strategic human capital plan.
Sec. 6018. Office of Disability Integration and Coordination of 
              Department of Homeland Security.
Sec. 6019. Technical amendments to National Emergency Management.

     SEC. 2. REFERENCES.

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

                     DIVISION A--HOMELAND SECURITY

         TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Department of Homeland 
     Security Authorization Act for Fiscal Years 2018 and 2019''.

                  Subtitle A--Headquarters Operations

     SEC. 1101. 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. 1102. 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 (c)--
       (A) 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'';
       (B) in paragraph (2), by striking ``and'' after the 
     semicolon at the end;
       (C) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(4) entering 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) 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 Office of Strategy, Policy, and Plans.
       ``(F) The Office of the General Counsel.
       ``(G) The Office of the Chief Privacy Officer.
       ``(H) The Office for Civil Rights and Civil Liberties.
       ``(I) The Office of Operations Coordination.
       ``(J) The Office of Intelligence and Analysis.
       ``(K) The Office of Legislative Affairs.
       ``(L) The Office of Public Affairs.
       ``(M) The Office of the Inspector General.
       ``(N) The Office of the Citizenship and Immigration 
     Services Ombudsman.
       ``(O) The Office of Partnership and Engagement.
       ``(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. 1103. 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. 1104. 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,'' after ``in the Department,''; and
       (ii) by striking ``to the Secretary, to assume'' and 
     inserting ``to the Secretary. Such official shall have'';

[[Page H6050]]

       (B) in paragraph (5), by striking ``and'' at the end;
       (C) by striking paragraph (6); and
       (D) by inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) developing guidance to assist components of the 
     Department in developing privacy policies and practices;
       ``(7) establishing a mechanism to ensure such components 
     are in compliance with Federal, regulatory, 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 information sharing activities incorporate 
     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 section 552 
     of title 5, United States Code;
       ``(12) overseeing the management and processing of requests 
     for information under section 552 of title 5, United States 
     Code, within Department Headquarters and relevant Department 
     component offices;
       ``(13) identifying and eliminating unnecessary and 
     duplicative actions taken by the Department in the course of 
     processing requests for information under section 552 of 
     title 5, United States Code;
       ``(14) preparing an annual report to Congress that 
     includes--
       ``(A) a description of the activities of the Department 
     that affect privacy during the fiscal year covered by the 
     report, including complaints of privacy violations, 
     implementation of section 552a of title 5, United States Code 
     (popularly known as the Privacy Act of 1974), internal 
     controls, and other matters; and
       ``(B) the number of new technology programs implemented in 
     the Department during the fiscal year covered by the report, 
     the number of such programs that the Chief Privacy Officer 
     has evaluated to ensure that privacy protections are 
     considered and implemented, the number of such programs that 
     effectively implemented privacy protections into new 
     technology programs, and an explanation of why any new 
     programs did not effectively implement privacy protections; 
     and
       ``(15) 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 subsection:
       ``(f) Reassignment of Functions.--Notwithstanding 
     subsection (a)(10), 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 that section.''.

     SEC. 1105. 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 lifecycle of such programs and 
     activities;
       ``(9) fully implement a common accounting structure to be 
     used across the entire Department by fiscal year 2020; 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. 1106. 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 publically report the risk rating to the 
     Office of Management and Budget; and
       ``(8) 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 2022, 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

[[Page H6051]]

     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 
     2019, 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. 1107. 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'';
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``description of the 
     threats to'' and inserting ``risk assessment of'';
       (ii) in subparagraph (C), by inserting ``, as required 
     under subsection (b)(2)'' before the semicolon at the end;
       (iii) in subparagraph (D)--

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

       (iv) in subparagraph (F)--

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

       (v) in subparagraph (G)--

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

       (vi) by striking subparagraph (H); and
       (vii) by redesignating subparagraph (I) as subparagraph 
     (H);
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Documentation.--The Secretary shall retain the 
     following documentation regarding the quadrennial homeland 
     security review:
       ``(A) Records regarding the consultation carried out the 
     pursuant to subsection (a)(3), including--
       ``(i) all written communications, including communications 
     sent out by the Secretary and feedback submitted to the 
     Secretary through technology, online communications tools, 
     in-person discussions, and the interagency process; and
       ``(ii) information on how feedback received by the 
     Secretary informed the quadrennial homeland security review.
       ``(B) Information regarding the risk assessment, as 
     required under subsection (c)(2)(B), including--
       ``(i) the risk model utilized to generate the risk 
     assessment;
       ``(ii) information, including data used in the risk model, 
     utilized to generate the risk assessment;
       ``(iii) sources of information, including other risk 
     assessments, utilized to generate the risk assessment; and
       ``(iv) information on assumptions, weighing factors, and 
     subjective judgments utilized to generate the risk 
     assessment, together with information on the rationale or 
     basis thereof.''; and
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following new 
     subsection (d):
       ``(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, 2017.

     SEC. 1108. OFFICE OF STRATEGY, POLICY, AND PLANS.

       (a) In General.--Section 708 of the Homeland Security Act 
     of 2002 (as redesignated pursuant to section 1705(g) of this 
     Act; relating to the Office of Strategy, Policy, and Plans of 
     the Department of Homeland Security) is amended--
       (1) in subsection (a), by adding at the end the following: 
     ``The Office of Strategy, Policy, and Plans shall include the 
     following components:
       ``(1) The Office of International Affairs.
       ``(2) The Office of Cyber, Infrastructure, and Resilience 
     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.

[[Page H6052]]

       (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 708 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 Assistant Secretaries appointed by the 
     President:
       ``(i) The Assistant Secretary, Infrastructure Protection.
       ``(ii) The Assistant Secretary for Public Affairs.
       ``(iii) The Assistant Secretary for Legislative Affairs.
       ``(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 paragraphs:
       ``(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.
       ``(4) Limitation on creation of positions.--No Assistant 
     Secretary position may be created in addition to the 
     positions provided for by this section unless such position 
     is authorized by a statute enacted after the date of the 
     enactment of the Department of Homeland Security 
     Authorization Act for Fiscal Years 2018 and 2019.''.
       (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) Prohibition on New Offices.--No new office may be 
     created to perform functions transferred by this section, 
     other than as provided in section 709 of the Homeland 
     Security Act of 2002, as amended by this Act.
       (f) 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).
       (g) 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 30 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. 1109. OFFICE OF EXTERNAL AFFAIRS.

       (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. 709. OFFICE OF EXTERNAL AFFAIRS.

       ``(a) In General.--There is established in the Department 
     an Office of External Affairs.
       ``(b) Head of the Office.--The Office of External Affairs 
     shall be headed by a Principal Assistant Secretary for 
     External Affairs, who shall be appointed by the Secretary. 
     The Principal Assistant Secretary shall report to the 
     Secretary.
       ``(c) Composition.--The Office of External Affairs shall 
     include the following components:
       ``(1) The Office of Legislative Affairs, led by the 
     Assistant Secretary for Legislative Affairs who shall report 
     to the Principal Assistant Secretary for External Affairs.
       ``(2) The Office of Public Affairs, led by the Assistant 
     Secretary for Public Affairs who shall report to the 
     Principal Assistant Secretary for External Affairs.
       ``(3) The Office of Partnership and Engagement, led by the 
     Assistant Secretary for Partnership and Engagement who shall 
     report to the Principal Assistant Secretary for External 
     Affairs.
       ``(d) Assistant Secretary for Partnership and Engagement.--
     The Assistant Secretary for Partnership and Engagement shall 
     be appointed by the Secretary and 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) conduct the activities specified in 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 government;
       ``(5) provide State and local governments with regular 
     information, research, and technical support to assist local 
     efforts at securing the homeland; and
       ``(6) perform such other functions as are established by 
     law or delegated by the Secretary.''.
       (b) Transfer of Functions, Assets, and Personnel of Office 
     for State and Local Law Enforcement.--The functions 
     authorized to be performed by the Office for State and Local 
     Law Enforcement of the Department of Homeland Security 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 Office of Partnership and Engagement under 
     section 709 of the Homeland Security Act of 2002, as added by 
     this section.
       (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 for State and Local 
     Government Coordination immediately on the day before the 
     date of the enactment of this Act, and the assets and 
     personnel associated with such functions, are transferred to 
     the Office of Partnership and Engagement under section 709 of 
     the Homeland Security Act of 2002, as added by this section.
       (3) Conforming amendment.--The Homeland Security Act of 
     2002 is amended by striking section 801 (6 U.S.C. 631).
       (4) Clerical amendment.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     section 801.
       (d) Abolishment of Special Assistant to Secretary of 
     Homeland Security.--
       (1) In general.--The Special Assistant to the Secretary 
     authorized by 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 immediately before the enactment of this Act, and 
     the assets and personnel associated with such functions, are 
     transferred to the Office of Partnership and Engagement under 
     section 709 of the Homeland Security Act of 2002, as added by 
     this section.
       (3) Conforming amendment.--Section 102 of the Homeland 
     Security Act of 2002 (6 U.S.C. 112) is amended by striking 
     subsection (f).
       (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 708 (as 
     redesignated pursuant to section 1705(o) of this Act) the 
     following new item:

``Sec. 709. Office of External Affairs.''.

     SEC. 1110. CHIEF PROCUREMENT OFFICER.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as

[[Page H6053]]

     amended by this Act, is further amended by adding at the end 
     the following new section:

     ``SEC. 710. 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, as amended by this 
     Act, is further amended by inserting after the item relating 
     to section 709 the following new item:

``Sec. 710. Chief Procurement Officer.''.

     SEC. 1111. CHIEF SECURITY OFFICER.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) is further amended by inserting 
     after the item relating to section 710, as added by this Act, 
     the following new section:

     ``SEC. 711. 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 710, as added by this Act, the 
     following new item:

``Sec. 711. Chief Security Officer.''.

     SEC. 1112. OFFICE OF INSPECTOR GENERAL.

       (a) Sense of Congress.--
       (1) Findings.--Congress finds the following:
       (A) The Inspector General Act of 1978 mandates that 
     Inspectors General are to conduct audits and investigations 
     relating to the programs and operations of Federal 
     departments to promote economy, efficiency, and effectiveness 
     in the administration of programs and operations, and to 
     prevent and detect fraud and abuse in such programs and 
     operations.
       (B) The Inspector General Act of 1978 mandates that 
     Inspectors General are to provide a means for keeping Federal 
     departments and the Congress fully and currently informed 
     about problems and deficiencies relating to the 
     administration of such programs and operations and the 
     necessity for and progress of corrective action.
       (C) The Office of the Inspector General of the Department 
     of Homeland Security detects, investigates, and prevents 
     instances of waste, fraud, abuse, and mismanagement within 
     the Department, and offers solutions for response.
       (D) The Office of the Inspector General of the Department 
     of Homeland Security consistently produces high-value, high-
     impact work that enhances the security and safety of the 
     homeland.
       (E) The Inspector General of the Department of Homeland 
     Security provides the leadership and accountability within 
     the Office of the Inspector General to oversee a cabinet-
     level agency.
       (F) The Inspector General of the Department of Homeland 
     Security stands as a leader within the Inspector General 
     community through consistent exemplary service.
       (G) The Office of Inspector General of the Department of 
     Homeland Security offers the Federal Government and American 
     taxpayers an impressive return on investment, measured in 
     dollars spent versus dollars saved.
       (H) The Office of the Inspector General of the Department 
     of Homeland Security enhances the Department's ability to 
     effectively and efficiently administer laws.
       (2) Sense of congress.--It is the sense of Congress that 
     the Inspector General of the Department of Homeland Security 
     plays a vital role in fulfilling the Department's daily 
     missions.
       (b) Notification.--The heads of offices and components of 
     the Department of Homeland Security shall promptly advise the 
     Inspector General of the Department of all allegations of 
     misconduct with respect to which the Inspector General has 
     investigative authority under the Inspector General Act of 
     1978. The Inspector General may waive the notification 
     requirement under this subsection with respect to any 
     category or subset of allegations of misconduct.
       (c) Rule of Construction.--Nothing in this section may be 
     construed as affecting the authority of the Secretary of 
     Homeland Security under subsection (a) of section 8I of the 
     Inspector General Act of 1978 (5 U.S.C. App. 8I).

     SEC. 1113. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

       (a) In General.--Section 705 of the Homeland Security Act 
     of 2002 (6 U.S.C. 345) is amended--
       (1) in the section heading, by striking ``ESTABLISHMENT OF 
     OFFICER FOR'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Office for Civil Rights and Civil Liberties.--There 
     is in the Department an Office for Civil Rights and Civil 
     Liberties. Under the direction of the Officer for Civil 
     Rights and Civil Liberties, the Office shall support the 
     Officer in the following:
       ``(1) Integrating civil rights and civil liberties into 
     activities of the Department by conducting programs and 
     providing policy advice and other technical assistance.
       ``(2) Investigating complaints and information indicating 
     possible abuses of civil rights or civil liberties, unless 
     the Inspector General of the Department determines that any 
     such complaint or information should be investigated by the 
     Inspector General.
       ``(3) Carrying out the Department's equal employment 
     opportunity and diversity policies and programs, including 
     complaint management and adjudication.
       ``(4) Communicating with individuals and communities whose 
     civil rights and civil liberties may be affected by 
     Department activities.
       ``(5) Any other activities as assigned by the Officer.''.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $22,571,000 for each of fiscal years 2018 
     and 2019 to carry out section 705 of the Homeland Security 
     Act of 2002, as amended by subsection (a) of this section.

     SEC. 1114. 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;'';

[[Page H6054]]

       (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) Eligiblity.--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. 1115. FUTURE YEARS HOMELAND SECURITY PROGRAM.

       (a) In General.--Section 874 of the Homeland Security Act 
     of 2002 (6 U.S.C. 454) is amended--
       (1) in the section heading, by striking ``YEAR'' and 
     inserting ``YEARS'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--Not later than 60 days after the date on 
     which the budget of the President is submitted to Congress 
     under section 1105(a) of title 31, United States Code, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives (referred 
     to in this section as the `appropriate committees') a Future 
     Years Homeland Security Program that covers the fiscal year 
     for which the budget is submitted and the 4 succeeding fiscal 
     years.''; and
       (3) by striking subsection (c) and inserting the following 
     new subsections:
       ``(c) Projection of Acquisition Estimates.--On and after 
     February 1, 2018, each Future Years Homeland Security Program 
     shall project--
       ``(1) acquisition estimates for the fiscal year for which 
     the budget is submitted and the four succeeding fiscal years, 
     with specified estimates for each fiscal year, for all major 
     acquisitions by the Department and each component of the 
     Department; and
       ``(2) estimated annual deployment schedules for all 
     physical asset major acquisitions over the five-fiscal-year 
     period described in paragraph (1) and the full operating 
     capability for all information technology major acquisitions.
       ``(d) Sensitive and Classified Information.--The Secretary 
     may include with each Future Years Homeland Security Program 
     a classified or other appropriately controlled document 
     containing any information required to be submitted under 
     this section that is restricted from public disclosure in 
     accordance with Federal law or any Executive Order.
       ``(e) Availability of Information to the Public.--The 
     Secretary shall make available to the public in electronic 
     form the information required to be submitted to the 
     appropriate committees under this section, other than 
     information described in subsection (d).''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is further amended by striking the item 
     relating to section 874 and inserting the following new item:

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

     SEC. 1116. FIELD EFFICIENCIES PLAN.

       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and Committee on Homeland Security and 
     Governmental Affairs of the Senate a field efficiencies plan 
     that--
       (A) examines the facilities and administrative and 
     logistics functions of components of the Department of 
     Homeland Security located within designated geographic areas; 
     and
       (B) provides specific recommendations and an associated 
     cost-benefit analysis for the consolidation of the facilities 
     and administrative and logistics functions of components of 
     the Department within each designated geographic area.
       (2) Contents.--The field efficiencies plan submitted under 
     paragraph (1) shall include the following:
       (A) An accounting of leases held by the Department or its 
     components that have expired in the current fiscal year or 
     will be expiring in the next fiscal year, that have begun or 
     been renewed in the current fiscal year, or that the 
     Department or its components plan to sign or renew in the 
     next fiscal year.
       (B) For each designated geographic area--
       (i) An evaluation of specific facilities at which 
     components, or operational entities of components, of the 
     Department may be closed or consolidated, including 
     consideration of when leases expire or facilities owned by 
     the government become available.
       (ii) An evaluation of potential consolidation with 
     facilities of other Federal, State, or local entities, 
     including--

       (I) offices;
       (II) warehouses;
       (III) training centers;
       (IV) housing;
       (V) ports, shore facilities, and airfields;
       (VI) laboratories; and
       (VII) other assets as determined by the Secretary.

       (iii) An evaluation of the potential for the consolidation 
     of administrative and logistics functions, including--

       (I) facility maintenance;
       (II) fleet vehicle services;
       (III) mail handling and shipping and receiving;
       (IV) facility security;
       (V) procurement of goods and services;
       (VI) information technology and telecommunications services 
     and support; and
       (VII) additional ways to improve unity of effort and cost 
     savings for field operations and related support activities 
     as determined by the Secretary.

       (C) An implementation plan, including--
       (i) near-term actions that can co-locate, consolidate, or 
     dispose of property within 24 months;
       (ii) identifying long-term occupancy agreements or leases 
     that cannot be changed without a significant cost to the 
     Government; and
       (iii) how the Department can ensure it has the capacity, in 
     both personnel and funds, needed to cover up-front costs to 
     achieve consolidation and efficiencies.
       (D) An accounting of any consolidation of the real estate 
     footprint of the Department or any component of the 
     Department, including the co-location of personnel from 
     different components, offices, and agencies within the 
     Department.

[[Page H6055]]

  


     SEC. 1117. 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 is further amended by adding at the end the following 
     new section:

     ``SEC. 712. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON 
                   REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND 
                   TO OPERATIONAL SURGES.

       ``For each fiscal year until fiscal year 2023, the 
     Secretary 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 711, as added by this Act, the 
     following new item:

``712. Annual submittal to Congress of information on reprogramming or 
              transfers of funds to respond to operational surges.''.

     SEC. 1118. REPORT TO CONGRESS ON COST SAVINGS AND EFFICIENCY.

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

     SEC. 1119. RESEARCH AND DEVELOPMENT AND CBRNE ORGANIZATIONAL 
                   REVIEW.

       (a) Department of Homeland Security Research and 
     Development Activities.--
       (1) In general.--The Secretary of Homeland Security shall 
     assess the organization and management of the Department of 
     Homeland Security's research and development activities, and 
     shall develop and 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, not later 
     than six months after the date of the enactment of this Act, 
     a proposed organizational structure for the efficient and 
     effective management of such research and development 
     activities.
       (2) Organizational justification.--The proposed 
     organizational structure for the management of the Department 
     of Homeland Security's research and development activities 
     included in the assessment required under paragraph (1) shall 
     include the following:
       (A) A discussion of the methodology for determining such 
     proposed organizational structure.
       (B) A comprehensive inventory of research and development 
     activities of the Department, and the proposed location of 
     each activity under such proposed organizational structure, 
     including a description of the effects on specific 
     directorates and offices based on any proposed relocation of 
     their activities.
       (C) Information relating to how such proposed 
     organizational structure will facilitate and promote enhanced 
     coordination and better collaboration between the research 
     and development activities of the Department and the offices 
     and components of the Department, including a specific 
     description of operational challenges resulting from the 
     current organizational structure and a detailed explanation 
     of how the proposed organizational structure will address 
     such challenges.
       (D) Information relating to how such proposed 
     organizational structure will support the development of 
     research and development priorities and capabilities across 
     the Department.
       (E) A discussion of any resulting cost savings and 
     efficiencies from such proposed organizational structure.
       (F) Recommendations for any necessary statutory changes, an 
     explanation of why no statutory or organizational changes are 
     necessary, or a request for additional time to complete the 
     organizational justification.
       (b) Department of Homeland Security Chemical, Biological, 
     Radiological, Nuclear, and Explosives Activities.--
       (1) In general.--The Secretary of Homeland Security shall--
       (A) assess the organization and management of the 
     Department of Homeland Security's chemical, biological, 
     radiological, nuclear, and explosives activities, including 
     the activities of the Office of Health Affairs, the Domestic 
     Nuclear Detection Office, and the Office for Bombing 
     Prevention; and
       (B) by not later than six months after the date of the 
     enactment of this Act, develop and 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 
     proposed organizational structure to ensure enhanced 
     coordination, effectiveness, and efficiency by providing 
     strengthened chemical, biological, radiological, nuclear, and 
     explosives capabilities in support of homeland security.
       (2) Organizational justification.--The proposed 
     organizational structure for the management of the Department 
     of Homeland Security's chemical, biological, radiological, 
     nuclear, and explosives activities included in the assessment 
     required under paragraph (1) shall include the following:
       (A) A discussion of the methodology for determining such 
     proposed organizational structure.
       (B) A comprehensive inventory of chemical, biological, 
     radiological, nuclear, and explosives activities of the 
     Department, and the proposed location of each activity under 
     such proposed organizational structure.
       (C) Information relating to how such proposed 
     organizational structure will enhance the development of 
     chemical, biological, radiological, nuclear, and explosives 
     priorities and capabilities across the Department, including 
     a specific description of operational challenges resulting 
     from the current organizational structure and a detailed 
     explanation of how the proposed organizational structure will 
     address such challenges.
       (D) A discussion of any resulting cost savings and 
     efficiencies from such proposed organizational structure.
       (E) Recommendations for any necessary statutory changes, an 
     explanation of why no statutory or organizational changes are 
     necessary, or a request for additional time to complete the 
     organizational justification.
       (c) Review Required.--Not later than three months after the 
     submission of the proposed organizational justifications 
     required under subsections (a)(1) and (b)(1), the Comptroller 
     General of the United States shall 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 
     review of the organizational justifications. The review shall 
     consider how the proposed organizational realignment, or lack 
     thereof, of research and development activities and chemical, 
     biological, radiological, nuclear, and explosives activities 
     will improve or impede the Department's ongoing efforts is 
     such mission areas, including an assessment of--
       (1) any potential cost savings or additional costs incurred 
     as a result of any proposed organizational realignment;
       (2) an assessment of the comparison of benefits and costs 
     of the proposed organizational structure;
       (3) the extent to which the organizational justification 
     submitted pursuant to subsections (a)(1) and (b)(1) fully 
     assesses, documents, and addresses any potential problems 
     that could result from any proposed organizational 
     realignment;
       (4) the extent to which the organizational justification 
     identifies specific deficiencies in operations resulting from 
     the existing organizational structure of the Department and 
     an explanation of how any proposed realignment will address 
     such deficiencies;
       (5) the extent to which the Department solicited and 
     incorporated the feedback of its workforce in the proposed 
     organizational structure; and
       (6) the extent to which the Department conducted and 
     incorporated stakeholder outreach in developing the proposed 
     organizational structure.

     SEC. 1120. ACTIVITIES RELATED TO CHILDREN.

       Paragraph (6) of subsection (c) of section 708 of the 
     Homeland Security Act of 2002 (6 U.S.C. 349(c)), as 
     redesignated by section 410 of this Act, is amended by 
     inserting ``, including feedback from organizations 
     representing the needs of children,'' after ``stakeholder 
     feedback''.

             Subtitle B--Human Resources and Other Matters

     SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

       Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 
     344) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting ``, including with respect to leader 
     development and employee engagement,'' after ``policies'';
       (ii) by striking ``and in line'' and inserting ``, in 
     line''; and
       (iii) by inserting ``and informed by best practices within 
     the Federal government and the private sector,'' after 
     ``priorities,'';
       (B) in paragraph (2), by striking ``develop performance 
     measures to provide a basis for

[[Page H6056]]

     monitoring and evaluating'' and inserting ``evaluate, on an 
     ongoing basis,'';
       (C) in paragraph (3), by inserting ``that, to the extent 
     practicable, are informed by employee feedback,'' after 
     ``policies'';
       (D) in paragraph (4), by inserting ``including leader 
     development and employee engagement programs,'' before ``in 
     coordination'';
       (E) in paragraph (5), by inserting before the semicolon at 
     the end the following: ``that is informed by an assessment, 
     carried out by the Chief Human Capital Officer, of the 
     learning and developmental needs of employees in supervisory 
     and non-supervisory roles across the Department and 
     appropriate workforce planning initiatives'';
       (F) by redesignating paragraphs (9) and (10) as paragraphs 
     (11) and (12), respectively; and
       (G) by inserting after paragraph (8) the following new 
     paragraphs:
       ``(9) maintain a catalogue of available employee 
     development opportunities, including the Homeland Security 
     Rotation Program pursuant to section 844, departmental 
     leadership development programs, interagency development 
     programs, and other rotational programs;
       ``(10) ensure that employee discipline and adverse action 
     programs comply with the requirements of all pertinent laws, 
     rules, regulations, and Federal guidance, and ensure due 
     process for employees;'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (3) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Chief Learning and Engagement Officer.--The Chief 
     Human Capital Officer may designate an employee of the 
     Department to serve as a Chief Learning and Engagement 
     Officer to assist the Chief Human Capital Officer in carrying 
     out this section.''; and
       (4) in subsection (e), as so redesignated--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (5), (6), and (7), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) information on employee development opportunities 
     catalogued pursuant to paragraph (9) of subsection (b) and 
     any available data on participation rates, attrition rates, 
     and impacts on retention and employee satisfaction;
       ``(3) information on the progress of Department-wide 
     strategic workforce planning efforts as determined under 
     paragraph (2) of subsection (b);
       ``(4) information on the activities of the steering 
     committee established pursuant to section 710(a), including 
     the number of meeting, types of materials developed and 
     distributed, and recommendations made to the Secretary;''.

     SEC. 1132. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION 
                   PLAN.

       (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. 714. EMPLOYEE ENGAGEMENT.

       ``(a) Steering Committee.--Not later than 120 days after 
     the date of the enactment of this section, the Secretary 
     shall establish an employee engagement steering committee, 
     including representatives from operational components, 
     headquarters, and field personnel, including supervisory and 
     non-supervisory personnel, and employee labor organizations 
     that represent Department employees, and chaired by the Under 
     Secretary for Management, to carry out the following 
     activities:
       ``(1) Identify factors that have a negative impact on 
     employee engagement, morale, and communications within the 
     Department, such as perceptions about limitations on career 
     progression, mobility, or development opportunities, 
     collected through employee feedback platforms, including 
     through annual employee surveys, questionnaires, and other 
     communications, as appropriate.
       ``(2) Identify, develop, and distribute initiatives and 
     best practices to improve employee engagement, morale, and 
     communications within the Department, including through 
     annual employee surveys, questionnaires, and other 
     communications, as appropriate.
       ``(3) Monitor efforts of each component to address employee 
     engagement, morale, and communications based on employee 
     feedback provided through annual employee surveys, 
     questionnaires, and other communications, as appropriate.
       ``(4) Advise the Secretary on efforts to improve employee 
     engagement, morale, and communications within specific 
     components and across the Department.
       ``(5) Conduct regular meetings and report, not less than 
     once per quarter, to the Under Secretary for Management, the 
     head of each component, and the Secretary on Department-wide 
     efforts to improve employee engagement, morale, and 
     communications.
       ``(b) Action Plan; Reporting.--The Secretary, acting 
     through the Chief Human Capital Officer, shall--
       ``(1) not later than 120 days after the date of the 
     establishment of the steering committee under subsection (a), 
     issue a Department-wide employee engagement action plan, 
     reflecting input from the employee engagement steering 
     committee established pursuant to subsection (a) and employee 
     feedback provided through annual employee surveys, 
     questionnaires, and other communications in accordance with 
     paragraph (1) of such subsection, to execute strategies to 
     improve employee engagement, morale, and communications 
     within the Department; and
       ``(2) require the head of each component to--
       ``(A) develop and implement a component-specific employee 
     engagement plan to advance the action plan required under 
     paragraph (1) that includes performance measures and 
     objectives, is informed by employee feedback provided through 
     annual employee surveys, questionnaires, and other 
     communications, as appropriate, and sets forth how employees 
     and, where applicable, their labor representatives are to be 
     integrated in developing programs and initiatives;
       ``(B) monitor progress on implementation of such action 
     plan; and
       ``(C) provide to the Chief Human Capital Officer and the 
     steering committee quarterly reports on actions planned and 
     progress made under this paragraph.
       ``(c) Termination.--This section shall terminate on the 
     date that is five years after the date of the enactment of 
     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 related to section 713, as added by 
     this Act, the following new item:

``Sec. 714. Employee engagement.''.

       (c) Submissions to Congress.--
       (1) Department-wide employee engagement action plan.--The 
     Secretary of Homeland Security, acting through the Chief 
     Human Capital Officer of the Department of Homeland Security, 
     shall submit to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate the 
     Department-wide employee engagement action plan required 
     under subsection (b)(1) of section 714 of the Homeland 
     Security Act of 2002 (as added by subsection (a) of this 
     section) not later than 30 days after the issuance of such 
     plan under such subsection (b)(1).
       (2) Component-specific employee engagement plans.--Each 
     head of a component of the Department of Homeland Security 
     shall submit to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate the 
     component-specific employee engagement plan of each such 
     component required under subsection (b)(2) of section 714 of 
     the Homeland Security Act of 2002 (as added by subsection (a) 
     of this section) not later than 30 days after the issuance of 
     each such plan under such subsection (b)(2).

     SEC. 1133. ANNUAL EMPLOYEE AWARD PROGRAM.

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

     ``SEC. 715. ANNUAL EMPLOYEE AWARD PROGRAM.

       ``(a) In General.--The Secretary may establish an annual 
     employee award program to recognize Department employees or 
     groups of employees for significant contributions to the 
     achievement of the Department's goals and missions. If such a 
     program is established, the Secretary shall--
       ``(1) establish within such program categories of awards, 
     each with specific criteria, that emphasizes honoring 
     employees who are at the non-supervisory level;
       ``(2) publicize within the Department how any employee or 
     group of employees may be nominated for an award;
       ``(3) establish an internal review board comprised of 
     representatives from Department components, headquarters, and 
     field personnel to submit to the Secretary award 
     recommendations regarding specific employees or groups of 
     employees;
       ``(4) select recipients from the pool of nominees submitted 
     by the internal review board under paragraph (3) and convene 
     a ceremony at which employees or groups of employees receive 
     such awards from the Secretary; and
       ``(5) publicize such program within the Department.
       ``(b) Internal Review Board.--The internal review board 
     described in subsection (a)(3) shall, when carrying out its 
     function under such subsection, consult with representatives 
     from operational components and headquarters, including 
     supervisory and non-supervisory personnel, and employee labor 
     organizations that represent Department employees.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed to authorize additional funds to carry out the 
     requirements of this section or to require the Secretary to 
     provide monetary bonuses to recipients of an award under this 
     section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002, as amended this 
     Act, is further amended by inserting after the item relating 
     to section 714 the following new item:

``Sec. 715. Annual employee award program.''.

     SEC. 1134. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act or the issuance of a report by the 
     Inspector General of the Department of Homeland Security on 
     the extent to which the Department has an equitable and 
     consistent disciplinary process, whichever is later, but in 
     no case later than one year after such date of enactment, the 
     Comptroller General of the United States shall utilize, if 
     available, such

[[Page H6057]]

     report and investigate whether the application of discipline 
     and adverse actions are administered in an equitable and 
     consistent manner that results in the same or substantially 
     similar disciplinary outcomes across the Department for 
     misconduct by a non-supervisory or supervisor employee who 
     engaged in the same or substantially similar misconduct.
       (b) Consultation.--In carrying out the investigation 
     described in subsection (a), the Comptroller General of the 
     United States shall consult with the employee engagement 
     steering committee established pursuant to subsection (b)(1) 
     of section 714 of the Homeland Security Act of 2002 (as added 
     by this Act).
       (c) Action by Under Secretary for Management.--Upon 
     completion of the investigation described in subsection (a), 
     the Under Secretary for Management of the Department of 
     Homeland Security shall review the findings and 
     recommendations of such investigation and implement a plan, 
     in consultation with the employee engagement steering 
     committee established pursuant to subsection (b)(1) of 
     section 714 of the Homeland Security Act of 2002, to correct 
     any relevant deficiencies identified by the Comptroller 
     General of the United States. The Under Secretary for 
     Management shall direct the employee engagement steering 
     committee to review such plan to inform committee activities 
     and action plans authorized under such section 714.

     SEC. 1135. TIMELY GUIDANCE TO DHS PERSONNEL REGARDING 
                   EXECUTIVE ORDERS.

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

     ``SEC. 716. TIMELY GUIDANCE TO PERSONNEL REGARDING EXECUTIVE 
                   ORDERS.

       ``To the maximum extent practicable, before any Executive 
     Order affecting Department functions, programs, or operations 
     takes effect, the Secretary, in coordination with the heads 
     of relevant Department components and offices, shall make 
     every effort to, as expeditiously as possible, provide to 
     relevant Department personnel written guidance regarding how 
     such Executive Order is to be implemented.''.
       (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 715, as added by this Act, the 
     following new item:

``Sec. 716. Timely guidance to personnel regarding Executive Orders.''.

     SEC. 1136. SECRETARY'S RESPONSIBILITIES REGARDING ELECTION 
                   INFRASTRUCTURE.

       The Secretary of Homeland Security shall continue to 
     prioritize the provision of assistance, on a voluntary basis, 
     to State and local election officials in recognition of the 
     importance of election infrastructure to the United States 
     and that its incapacity or destruction would have a 
     debilitating impact on national security, and that state and 
     non-state adversaries should not compromise election 
     infrastructure.

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

     SEC. 1201. DEFINITIONS.

       (a) In General.--Subtitle D of title VIII of the Homeland 
     Security Act of 2002 is amended by inserting before section 
     831 the following new section:

     ``SEC. 830. DEFINITIONS.

       ``In this subtitle:
       ``(1) The term `acquisition' has the meaning given such 
     term in section 131 of title 41, United States Code.
       ``(2) The term `acquisition decision authority' means the 
     authority, held by the Secretary acting through the 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) The term `acquisition decision event' means, with 
     respect to an acquisition program, 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) The term `acquisition decision memorandum' means, 
     with respect to an acquisition, 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) 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) 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) 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) 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.
       ``(9) 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 of the Senate.
       ``(10) 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.
       ``(11) The term `life cycle cost' means the total ownership 
     cost of an acquisition, including all relevant costs related 
     to acquiring, owning, operating, maintaining, and disposing 
     of the system, project, or product over a specified period of 
     time.
       ``(12) 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 2017 constant 
     dollars) over its life cycle cost.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is further amended by inserting before the 
     item relating to section 831 the following new item:

``830. Definitions.''.

                  Subtitle A--Acquisition Authorities

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

       Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341) is amended--
       (1) in subsection (a)(2), by inserting ``and acquisition 
     management'' after ``procurement'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Acquisition and Related Responsibilities.--
       ``(1) In general.--Notwithstanding subsection (a) of 
     section 1702 of title 41, United States Code, the Under 
     Secretary for Management 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 subsection (b) of such section and 
     shall perform all other functions and responsibilities 
     delegated by the Secretary or described in this subsection.
       ``(2) Functions and responsibilities.--In addition to the 
     authorities and functions specified in section 1702(b) of 
     title 41, United States Code, the functions and 
     responsibilities of the Under Secretary for Management 
     related to acquisition include the following:
       ``(A) Advising the Secretary regarding acquisition 
     management activities, taking into account risks of failure 
     to achieve cost, schedule, or performance parameters, to 
     ensure that the Department achieves its mission through the 
     adoption of widely accepted program management best practices 
     and standards and, where appropriate, acquisition innovation 
     best practices.
       ``(B) Leading the acquisition oversight body of the 
     Department, the Acquisition Review Board, and exercising the 
     acquisition

[[Page H6058]]

     decision authority to approve, pause, modify (including the 
     rescission of approvals of program milestones), or cancel 
     major acquisition programs, unless the Under Secretary 
     delegates such authority to a Component Acquisition Executive 
     pursuant to paragraph (3).
       ``(C) Establishing policies for acquisition that implement 
     an approach that takes into account risks of failure to 
     achieve cost, schedule, or performance parameters that all 
     components of the Department shall comply with, including 
     outlining relevant authorities for program managers to 
     effectively manage acquisition programs.
       ``(D) Ensuring that each major acquisition program has a 
     Department-approved acquisition program baseline, pursuant to 
     the Department's acquisition management policy.
       ``(E) Ensuring that the heads of components and Component 
     Acquisition Executives comply with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives.
       ``(F) Providing additional scrutiny and oversight for an 
     acquisition that is not a major acquisition if--
       ``(i) the acquisition is for a program that is important to 
     departmental strategic and performance plans;
       ``(ii) the acquisition is for a program with significant 
     program or policy implications; and
       ``(iii) the Secretary determines that such scrutiny and 
     oversight for the acquisition is proper and necessary.
       ``(G) Ensuring that grants and financial assistance are 
     provided only to individuals and organizations that are not 
     suspended or debarred.
       ``(H) Distributing guidance throughout the Department to 
     ensure that contractors involved in acquisitions, 
     particularly contractors that access the 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.
       ``(J) Ensuring acquisition decision memoranda adequately 
     document decisions made at acquisition decision events, 
     including any affirmative determination of contractor 
     responsibility at the down selection phase and any other 
     significant procurement decisions related to the acquisition 
     at issue.
       ``(3) Delegation of acquisition decision authority.--
       ``(A) Level 3 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for 
     an acquisition program that has a life cycle cost estimate of 
     less than $300,000,000.
       ``(B) Level 2 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for a 
     major acquisition program that has a life cycle cost estimate 
     of at least $300,000,000 but not more than $1,000,000,000 if 
     all of the following requirements are met:
       ``(i) The component concerned possesses working policies, 
     processes, and procedures that are consistent with 
     Department-level acquisition policy.
       ``(ii) The Component Acquisition Executive concerned has 
     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.
       ``(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;
       ``(II) use independent verification and validation of 
     operational test and evaluation implementation and results; 
     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 
     agencies and private entities is relevant and sufficient in 
     determining whether systems perform as intended in the 
     operational setting.
       ``(5) Definitions.--In this subsection, the terms 
     `acquisition', `best practices', `acquisition decision 
     authority', `major acquisition program', `acquisition program 
     baseline', and `Component Acquisition Executive' have the 
     meanings given such terms in section 830.''.

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

       Paragraph (2) of section 702(b) of the Homeland Security 
     Act of 2002 (6 U.S.C. 342(b)) is amended by adding at the end 
     the following new subparagraph:
       ``(J) Oversee the costs of acquisition programs and related 
     activities to ensure that actual and planned costs are in 
     accordance with budget estimates and are affordable, or can 
     be adequately funded, over the life cycle of such programs 
     and activities.''.

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

       Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 
     343), as amended by this Act, is further amended by adding at 
     the end the following new subsection:
       ``(e) Acquisition Responsibilities.--The acquisition 
     responsibilities of the Chief Information Officer shall 
     include the following:
       ``(1) Oversee the management of the Homeland Security 
     Enterprise Architecture and ensure that, before each 
     acquisition decision event (as such term is defined in 
     section 830), approved information technology acquisitions 
     comply with departmental information technology management 
     processes, technical requirements, and the Homeland Security 
     Enterprise Architecture, and in any case in which information 
     technology acquisitions do not comply with the Department's 
     management directives, make recommendations to the 
     Acquisition Review Board regarding such noncompliance.
       ``(2) Be responsible for providing recommendations to the 
     Acquisition Review Board regarding information technology 
     programs, and be responsible for developing information 
     technology acquisition strategic guidance.''.

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

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

     ``SEC. 717. ACQUISITION AUTHORITIES FOR PROGRAM 
                   ACCOUNTABILITY AND RISK MANAGEMENT.

       ``(a) Establishment of Office.--There is in the Management 
     Directorate of the Department an office to be known as 
     `Program Accountability and Risk Management'. The purpose of 
     the office is to--
       ``(1) provide consistent accountability, standardization, 
     and transparency of major acquisition programs of the 
     Department; and
       ``(2) serve as the central oversight function for all 
     Department acquisition programs.
       ``(b) Responsibilities of Executive Director.--The Program 
     Accountability and Risk Management shall be led by an 
     Executive Director to oversee the requirement under 
     subsection (a). 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 
     acquisition programs between acquisition decision events to 
     identify problems with cost, performance, or schedule that 
     components may need to address to prevent cost overruns, 
     performance issues, or schedule delays.
       ``(2) Assist the Under Secretary for Management in managing 
     the acquisition programs and related activities of the 
     Department.
       ``(3) Conduct oversight of individual acquisition programs 
     to implement Department acquisition program policy, 
     procedures, and guidance with a priority on ensuring the data 
     the office collects and maintains from Department components 
     is accurate and reliable.
       ``(4) Serve as the focal point and coordinator for the 
     acquisition life cycle review process and as the executive 
     secretariat for the Acquisition Review Board.
       ``(5) Advise the persons having acquisition decision 
     authority in making acquisition decisions consistent with all 
     applicable laws and in establishing clear lines of authority, 
     accountability, and responsibility for acquisition decision 
     making within the Department.
       ``(6) Engage in the strategic planning and performance 
     evaluation process required under section 306 of title 5, 
     United States Code, and sections 1105(a)(28), 1115, 1116, and 
     9703 of title 31, United States Code, by supporting the Chief 
     Procurement Officer in developing strategies and specific 
     plans for hiring, training, and professional development in 
     order to rectify 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) In the event that a certification or action of an 
     acquisition program manager needs review for purposes of 
     promotion or removal, provide input, in consultation with the 
     relevant Component Acquisition Executive, into the 
     performance evaluation of the

[[Page H6059]]

     relevant acquisition program manager and report positive or 
     negative experiences to the relevant certifying authority.
       ``(9) Provide technical support and assistance to 
     Department acquisitions and acquisition personnel in 
     conjunction with the Chief Procurement Officer.
       ``(10) Prepare the Comprehensive Acquisition Status Report 
     for the Department, as required by title I of division D of 
     the Consolidated Appropriations Act, 2016 (Public Law 114-
     113), and make such report 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, including an acquisition program 
     baseline;
       ``(3) verify each life cycle cost estimate against 
     independent cost estimates, 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) 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.

     ``SEC. 718. ACQUISITION DOCUMENTATION.

       ``(a) In General.--For each major acquisition program, the 
     Executive Director responsible for the preparation of the 
     Comprehensive Acquisition Status Report, pursuant to 
     paragraph (11) of section 710(b), shall require certain 
     acquisition documentation to be submitted by Department 
     components or offices.
       ``(b) Waiver.--The Secretary may waive the requirement for 
     submission under subsection (a) for a program for a fiscal 
     year if either--
       ``(1) the program has not--
       ``(A) entered the full rate production phase in the 
     acquisition life cycle;
       ``(B) had a reasonable cost estimate established; and
       ``(C) had a system configuration defined fully; or
       ``(2) the program does not meet the definition of `capital 
     asset', as defined by the Director of the Office of 
     Management and Budget.
       ``(c) Congressional Oversight.--At the same time the 
     President's budget is submitted for a fiscal year under 
     section 1105(a) of title 31, United States Code, the 
     Secretary shall submit to the Committee on Homeland Security 
     of the House of Representatives and Committee on Homeland 
     Security and Governmental Affairs of the Senate information 
     on the exercise of authority under subsection (b) in the 
     prior fiscal year that includes the following specific 
     information regarding each program for which a waiver is 
     issued under subsection (b):
       ``(1) The grounds for granting a waiver for that program.
       ``(2) The projected cost of that program.
       ``(3) The proportion of a component's annual acquisition 
     budget attributed to that program, as available.
       ``(4) Information on the significance of the program with 
     respect to the component's operations and execution of its 
     mission.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is further amended 
     by inserting after the item relating to section 716, as added 
     by this Act, the following new items:

``Sec. 717. Acquisition authorities for Program Accountability and Risk 
              Management.
``Sec. 718. Acquisition documentation.''.

     SEC. 1215. ACQUISITION INNOVATION.

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

     ``SEC. 719. ACQUISITION INNOVATION.

       ``The Under Secretary for Management may--
       ``(1) designate an individual within the Department to 
     manage acquisition innovation efforts of the Department;
       ``(2) test emerging acquisition best practices to carrying 
     out acquisitions, consistent with the Federal Acquisition 
     Regulation and Department acquisition management directives, 
     as appropriate;
       ``(3) develop and distribute best practices and lessons 
     learned regarding acquisition innovation throughout the 
     Department;
       ``(4) establish metrics to measure the effectiveness of 
     acquisition innovation efforts with respect to cost, 
     operational efficiency of the acquisition program (including 
     timeframes for executing contracts), and collaboration with 
     the private sector, including small businesses; and
       ``(5) determine impacts of acquisition innovation efforts 
     on the private sector by--
       ``(A) engaging with the private sector, including small 
     businesses, to provide information and obtain feedback on 
     procurement practices and acquisition innovation efforts of 
     the Department;
       ``(B) obtaining feedback from the private sector on the 
     impact of acquisition innovation efforts of the Department; 
     and
       ``(C) incorporating such feedback, as appropriate, into 
     future acquisition innovation efforts 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 718, as added by 
     this Act, the following new item:

``Sec. 719. Acquisition innovation.''.

       (c) Information.--Not later than 90 days after the date on 
     which the Secretary of Homeland Security submits the annual 
     budget justification for the Department of Homeland Security 
     for each of fiscal years 2019 through 2023, the Secretary 
     shall, if appropriate, 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 the activities undertaken in the previous 
     fiscal year in furtherance of section 719 of the Homeland 
     Security Act of 2002, as added by subsection (a), on the 
     following:
       (1) Emerging acquisition best practices that were tested 
     within the Department during such fiscal year.
       (2) Efforts to distribute best practices and lessons 
     learned within the Department, including through web-based 
     seminars, training, and forums, during such fiscal year.
       (3) Utilization by components throughout the Department of 
     best practices distributed by the Under Secretary of 
     Management pursuant to paragraph (3) of such section 719.
       (4) Performance as measured by the metrics established 
     under paragraph (4) of such section 719.
       (5) Outcomes of efforts to distribute best practices and 
     lessons learned within the Department, including through web-
     based seminars, training, and forums.
       (6) Any impacts of the utilization of innovative 
     acquisition mechanisms by the Department on the private 
     sector, including small businesses.
       (7) The criteria used to identify specific acquisition 
     programs or activities to be included in acquisition 
     innovation efforts and the outcomes of such programs or 
     activities.
       (8) Recommendations, as necessary, to enhance acquisition 
     innovation in the Department.

         Subtitle B--Acquisition Program Management Discipline

     SEC. 1221. ACQUISITION REVIEW BOARD.

       (a) In General.--Subtitle D of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by 
     adding at the end the following 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.--The Under Secretary for Management 
     shall serve as chair of the Board. The Secretary shall also 
     ensure participation by other relevant Department officials, 
     including at least two component heads or their designees, as 
     permanent members 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 discretion of the Secretary 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.

[[Page H6060]]

       ``(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 seven 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 report 
     stating the rationale for such decision and a plan of action 
     to require an acquisition program baseline 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 2022 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).''.
       (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 further amended by adding after the item relating to 
     section 835 the following new item:

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

     SEC. 1222. REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION 
                   PROGRAMS.

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

     ``SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION 
                   PROGRAMS.

       ``(a) Requirement to Establish Policies.--In an effort to 
     reduce unnecessary duplication and inefficiency for all 
     Department investments, including major acquisition programs, 
     the Deputy Secretary, in consultation with the Under 
     Secretary for Management, shall establish Department-wide 
     policies to integrate all phases of the investment life cycle 
     and help the Department identify, validate, and prioritize 
     common component requirements for major acquisition programs 
     in order to increase opportunities for effectiveness and 
     efficiencies. The policies shall also include strategic 
     alternatives for developing and facilitating a Department 
     component-driven requirements process that includes oversight 
     of a development test and evaluation capability; 
     identification of priority gaps and overlaps in Department 
     capability needs; and provision of feasible technical 
     alternatives, including innovative commercially available 
     alternatives, to meet capability needs.
       ``(b) Mechanisms to Carry Out Requirement.--The Under 
     Secretary for Management shall coordinate the actions 
     necessary to carry out subsection (a), using such mechanisms 
     as considered necessary by the Secretary to help the 
     Department reduce unnecessary duplication and inefficiency 
     for all Department investments, including major acquisition 
     programs.
       ``(c) Coordination.--In coordinating the actions necessary 
     to carry out subsection (a), the Deputy Secretary shall 
     consult with the Under Secretary for Management, Component 
     Acquisition Executives, and any other Department officials, 
     including the Under Secretary for Science and Technology or 
     his designee, with specific knowledge of Department or 
     component acquisition capabilities to prevent unnecessary 
     duplication of requirements.
       ``(d) Advisors.--The Deputy Secretary, in consultation with 
     the Under Secretary for Management, shall seek and consider 
     input within legal and ethical boundaries from members of 
     Federal, State, local, and tribal governments, nonprofit 
     organizations, and the private sector, as appropriate, on 
     matters within their authority and expertise in carrying out 
     the Department's mission.
       ``(e) Meetings.--The Deputy Secretary, in consultation with 
     the Under Secretary for Management, shall meet at least 
     quarterly and communicate with components often to ensure 
     that components do not overlap or duplicate spending or 
     activities on major investments and acquisition programs 
     within their areas of responsibility.
       ``(f) Responsibilities.--In carrying out this section, the 
     responsibilities of the Deputy Secretary, in consultation 
     with the Under Secretary for Management, are as follows:
       ``(1) To review and validate the requirements documents of 
     major investments and acquisition programs prior to 
     acquisition decision events of the investments or programs.
       ``(2) To ensure the requirements and scope of a major 
     investment or acquisition program are stable, measurable, 
     achievable, at an acceptable risk level, and match the 
     resources planned to be available.
       ``(3) Before any entity of the Department issues a 
     solicitation for a new contract, coordinate with other 
     Department entities as appropriate to prevent unnecessary 
     duplication and inefficiency and--
       ``(A) to implement portfolio reviews to identify common 
     mission requirements and crosscutting opportunities among 
     components to harmonize investments and requirements and 
     prevent unnecessary overlap and duplication among components; 
     and
       ``(B) to the extent practicable, to standardize equipment 
     purchases, streamline the acquisition process, improve 
     efficiencies, and conduct best practices for strategic 
     sourcing.
       ``(4) To ensure program managers of major investments and 
     acquisition programs conduct analyses, giving particular 
     attention to factors such as cost, schedule, risk, 
     performance, and operational efficiency in order to determine 
     that programs work as intended within cost and budget 
     expectations.
       ``(5) To propose schedules for delivery of the operational 
     capability needed to meet each Department investment and 
     major acquisition program.''.
       (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 further amended by adding after the item relating to 
     section 836, as added by this Act, the following new item:

``Sec. 837. Requirements to reduce duplication in acquisition 
              programs.''.

     SEC. 1223. DEPARTMENT LEADERSHIP COUNCIL.

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

     ``SEC. 890B. DEPARTMENT LEADERSHIP COUNCIL.

       ``(a) Department Leadership Council.--
       ``(1) Establishment.--The Secretary may establish a 
     Department leadership council as the Secretary determines 
     necessary to ensure coordination and improve programs and 
     activities of the Department.
       ``(2) Function.--A Department leadership council shall--
       ``(A) serve as coordinating forums;
       ``(B) advise the Secretary and Deputy Secretary on 
     Department strategy, operations, and guidance; and
       ``(C) consider and report on such other matters as the 
     Secretary or Deputy Secretary may direct.
       ``(3) Relationship to other forums.--The Secretary or 
     Deputy Secretary may delegate the authority to direct the 
     implementation of any decision or guidance resulting from the 
     action of a Department leadership council to any office, 
     component, coordinator, or other senior official of the 
     Department.
       ``(4) Mission.--In addition to other matters assigned to it 
     by the Secretary and Deputy Secretary, a leadership council 
     shall--
       ``(A) identify, assess, and validate joint requirements 
     (including existing systems and associated capability gaps) 
     to meet mission needs of the Department;
       ``(B) ensure that appropriate efficiencies are made among 
     life-cycle cost, schedule, and performance objectives, and 
     procurement quantity objectives, in the establishment and 
     approval of joint requirements; and
       ``(C) make prioritized capability recommendations for the 
     joint requirements validated under subparagraph (A) to the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary to 
     review decisions of the leadership council.
       ``(5) Chairperson.--The Secretary shall appoint a 
     chairperson of a leadership council, for a term of not more 
     than 2 years, from among senior officials from components of 
     the Department or other senior officials as designated by the 
     Secretary.
       ``(6) Composition.--A leadership council shall be composed 
     of senior officials representing components of the Department 
     and other senior officials as designated by the Secretary.
       ``(7) Relationship to future years homeland security 
     program.--The Secretary shall ensure that the Future Years 
     Homeland Security Program required under section 874 is 
     consistent with any recommendations of a leadership council 
     required under paragraph (2)(C), as affirmed by the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary 
     under that paragraph.''.

[[Page H6061]]

       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 890A the following new item:

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

     SEC. 1224. 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 Act) and the 
     requirements to reduce unnecessary duplication in acquisition 
     programs established under section 837 of such Act (as added 
     by this Act) 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 decisionmaking 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. 1225. 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. 1226. 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.

     Subtitle C--Acquisition Program Management Accountability and 
                              Transparency

     SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION 
                   PROGRAMS.

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

     ``SEC. 838. 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

[[Page H6062]]

       ``(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 837, as added by 
     this Act, the following new item:

``Sec. 838. Congressional notification and other requirements for major 
              acquisition program breach.''.

     SEC. 1232. MULTIYEAR ACQUISITION STRATEGY.

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

     ``SEC. 839. 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 required under section 874.
       ``(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

[[Page H6063]]

     after the item relating to section 838, as added by this Act, 
     the following new item:

``Sec. 839. Multiyear acquisition strategy.''.

       (c) Government Accountability Office Review of Multi-year 
     Acquisition Strategy.--
       (1) Review.--After submission of the first multiyear 
     acquisition strategy in accordance with section 839 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 839.
       (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 
     meaning given such terms in section 830 of the Homeland 
     Security Act of 2002, as added by this Act.
       (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. 1233. ACQUISITION REPORTS.

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

     ``SEC. 840. 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 lifecycle 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 further amended by inserting after the 
     item relating to section 839 the following new item:

``840. Acquisition reports.''.

            TITLE III--INTELLIGENCE AND INFORMATION SHARING

  Subtitle A--Department of Homeland Security Intelligence Enterprise

     SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE.

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

     ``SEC. 210G. HOMELAND INTELLIGENCE DOCTRINE.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, acting 
     through the Chief Intelligence Officer of the Department, in 
     coordination with intelligence components of the Department, 
     the Office of the General Counsel, the Privacy Office, and 
     the Office for Civil Rights and Civil Liberties, shall 
     develop and disseminate written Department-wide guidance for 
     the processing, analysis, production, and dissemination of 
     homeland security information (as such term is defined in 
     section 892) and terrorism information (as such term is 
     defined in section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485)).
       ``(b) Contents.--The guidance required under subsection (a) 
     shall, at a minimum, include the following:
       ``(1) A description of guiding principles and purposes of 
     the Department's intelligence enterprise.
       ``(2) A summary of the roles and responsibilities of each 
     intelligence component of the Department and programs of the 
     intelligence components 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 intelligence 
     component of the Department and programs of each such 
     intelligence components.
       ``(3) Guidance for the processing, analysis, and production 
     of such information.
       ``(4) Guidance for the dissemination of such information, 
     including within the Department, among and between Federal 
     departments and agencies, among and between State, local, 
     tribal, and territorial governments, including law 
     enforcement, and with foreign partners and the private 
     sector.
       ``(5) An assessment and 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 homeland 
     security information and terrorism 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 five fiscal years 
     beginning with the 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

[[Page H6064]]

     after the item relating to section 210F the following new 
     item:

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

     SEC. 1302. 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. 1303. ANNUAL HOMELAND TERRORIST THREAT ASSESSMENTS.

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

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

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section and for each of the 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:
       ``(27) To carry out section 210H (relating to homeland 
     terrorist 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, as added by this Act, the 
     following new item:

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

     SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.

       (a) In General.--The Secretary of Homeland Security shall 
     develop a data framework to integrate existing Department of 
     Homeland Security datasets and systems, as appropriate, for 
     access by authorized personnel in a manner consistent with 
     relevant legal authorities and privacy, civil rights, and 
     civil liberties policies and protections. In developing such 
     framework, the Secretary shall ensure, in accordance with all 
     applicable statutory and regulatory requirements, the 
     following information is included:
       (1) All information acquired, held, or obtained by an 
     office or component of the Department that falls within the 
     scope of the information sharing environment, including 
     homeland security information, terrorism information, weapons 
     of mass destruction information, and national intelligence.
       (2) Any information or intelligence relevant to priority 
     mission needs and capability requirements of the homeland 
     security enterprise, as determined appropriate by the 
     Secretary.
       (b) Data Framework Access.--
       (1) In general.--The Secretary of Homeland Security shall 
     ensure that the data framework required under this section is 
     accessible to employees of the Department of Homeland 
     Security who the Secretary determines--
       (A) have an appropriate security clearance;
       (B) are assigned to perform a function that requires access 
     to information in such framework; and
       (C) are trained in applicable standards for safeguarding 
     and using such information.
       (2) Guidance.--The Secretary of Homeland Security shall--
       (A) issue guidance for Department of Homeland Security 
     employees authorized to access and contribute to the data 
     framework pursuant to paragraph (1); and
       (B) ensure that such guidance enforces a duty to share 
     between offices and components of the Department when 
     accessing or contributing to such framework for mission 
     needs.
       (3) Efficiency.--The Secretary of Homeland Security shall 
     promulgate data standards and instruct components of the 
     Department of Homeland Security to make available information 
     through the data framework under this section in a machine-
     readable standard format, to the greatest extent practicable.
       (c) Exclusion of Information.--The Secretary of Homeland 
     Security may exclude from the data framework information that 
     the Secretary determines access to or the confirmation of the 
     existence of could--
       (1) jeopardize the protection of sources, methods, or 
     activities;
       (2) compromise a criminal or national security 
     investigation;
       (3) be inconsistent with the other Federal laws or 
     regulations; or
       (4) be duplicative or not serve an operational purpose if 
     included in such framework.
       (d) Safeguards.--The Secretary of Homeland Security shall 
     incorporate into the date framework systems capabilities for 
     auditing and ensuring the security of information included in 
     such framework. Such capabilities shall include the 
     following:
       (1) Mechanisms for identifying insider threats.
       (2) Mechanisms for identifying security risks.
       (3) Safeguards for privacy, civil rights, and civil 
     liberties.
       (e) Deadline for Implementation.--Not later than two years 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall ensure the data framework required 
     under this section has the ability to include appropriate 
     information in existence within the Department of Homeland 
     Security to meet its critical mission operations.
       (f) Notice to Congress.--
       (1) Operational notification.--Not later than 60 days after 
     the date on which the data framework required under this 
     section is fully operational, the Secretary of Homeland 
     Security shall provide notice to the appropriate 
     congressional committees of such.
       (2) Regular status.--The Secretary shall submit to the 
     appropriate congressional committees regular updates on the 
     status of the data framework required under this section, 
     including, when applicable, the use of such data framework to 
     support classified operations.
       (g) Definitions.--In this section:
       (1) National intelligence.--The term ``national 
     intelligence'' has the meaning given such term in section 
     3(5) of the National Security Act of 1947 (50 U.S.C. 
     3003(5)).
       (2) Appropriate congressional committee.--The term 
     ``appropriate congressional committee'' has the meaning given 
     such term in section 2(2) of the Homeland Security Act of 
     2002 (6 U.S.C. 101(11)).

     SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PROGRAM.

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

[[Page H6065]]

     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--
       ``(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; and
       ``(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 the 
     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. 1306. THREAT ASSESSMENT ON TERRORIST USE OF VIRTUAL 
                   CURRENCY.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Under Secretary of Homeland 
     Security for Intelligence and Analysis, as authorized by 
     section 201(b)(1) of the Homeland Security Act of 2002 (6 
     U.S.C. 121), shall, in coordination with appropriate Federal 
     partners, develop and disseminate a threat assessment 
     regarding the actual and potential threat posed by 
     individuals using virtual currency to carry out activities in 
     furtherance of an act of terrorism, including the provision 
     of material support or resources to a foreign terrorist 
     organization. Consistent with the protection of classified 
     and confidential unclassified information, the Under 
     Secretary shall share the threat assessment developed under 
     this section with State, local, and tribal law enforcement 
     officials, including officials that operate within State, 
     local, and regional fusion centers through the Department of 
     Homeland Security State, Local, and Regional Fusion Center 
     Initiative established in section 210A of the Homeland 
     Security Act of 2002 (6 U.S.C. 124h).
       (b) Definitions.--In this section:
       (1) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' means an organization designated as 
     a foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189).
       (2) Virtual currency.--The term ``virtual currency'' means 
     a digital representation of value that functions as a medium 
     of exchange, a unit of account, or a store of value.

     SEC. 1307. 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 Act, is further amended by adding at the end the 
     following new section:

     ``SEC. 210I. 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 four 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) U.S. Customs and Border Protection.
       ``(C) U.S. 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 National Protection and Programs Directorate.
       ``(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 the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 210H, as added 
     by this Act, the following new item:

``Sec. 210I. Departmental coordination on counterterrorism.''.

       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security, 
     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 210I of the 
     Homeland Security Act of 2002, as added by subsection (a) of 
     this section.

     SEC. 1308. BORDER AND GANG THREAT ASSESSMENT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall conduct a threat assessment on whether human smuggling 
     organizations and transnational gangs are exploiting 
     vulnerabilities in border security screening programs to gain 
     access to the United States and threaten the United States or 
     border security.

[[Page H6066]]

       (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.

     SEC. 1309. SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 is amended--
       (1) by inserting before section 701 (6 U.S.C. 341) the 
     following:

                ``Subtitle A--Headquarters Activities'';

     and
       (2) by adding at the end the following new subtitle:

                   ``Subtitle B--Security Clearances

     ``SEC. 731. DESIGNATION OF NATIONAL SECURITY SENSITIVE AND 
                   PUBLIC TRUST POSITIONS.

       ``(a) In General.--The Secretary shall require the 
     designation of the sensitivity level of national security 
     positions (pursuant to part 1400 of title 5, Code of Federal 
     Regulations, or similar successor regulation) be conducted in 
     a consistent manner with respect to all components and 
     offices of the Department, and consistent with Federal 
     guidelines.
       ``(b) Implementation.--In carrying out subsection (a), the 
     Secretary shall require the utilization of uniform 
     designation tools throughout the Department and provide 
     training to appropriate staff of the Department on such 
     utilization. Such training shall include guidance on factors 
     for determining eligibility for access to classified 
     information and eligibility to hold a national security 
     position.

     ``SEC. 732. REVIEW OF POSITION DESIGNATIONS.

       ``(a) In General.--Not later than one year after the date 
     of the enactment of this subtitle, and every five years 
     thereafter, the Secretary shall review all sensitivity level 
     designations of national security positions (pursuant to part 
     1400 of title 5, Code of Federal Regulations, or similar 
     successor regulation) at the Department.
       ``(b) Determination.--If during the course of a review 
     required under subsection (a), the Secretary determines that 
     a change in the sensitivity level of a position that affects 
     the need for an individual to obtain access to classified 
     information is warranted, such access shall be 
     administratively adjusted and an appropriate level periodic 
     reinvestigation completed, as necessary.
       ``(c) Congressional Reporting.--Upon completion of each 
     review required under subsection (a), the Secretary 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 the findings of each 
     such review, including the number of positions by 
     classification level and by component and office of the 
     Department in which the Secretary made a determination in 
     accordance with subsection (b) to--
       ``(1) require access to classified information;
       ``(2) no longer require access to classified information; 
     or
       ``(3) otherwise require a different level of access to 
     classified information.

     ``SEC. 733. AUDITS.

       ``Beginning not later than 180 days after the date of the 
     enactment of this section, the Inspector General of the 
     Department shall conduct regular audits of compliance of the 
     Department with part 1400 of title 5, Code of Federal 
     Regulations, or similar successor regulation.

     ``SEC. 734. REPORTING.

       ``(a) In General.--The Secretary shall annually through 
     fiscal year 2022 submit to the Committee on Homeland Security 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report on 
     the following:
       ``(1) The number of denials, suspensions, revocations, and 
     appeals of the eligibility for access to classified 
     information of an individual throughout the Department.
       ``(2) The date and status or disposition of each reported 
     action under paragraph (1).
       ``(3) The identification of the sponsoring entity, whether 
     by a component, office, or headquarters of the Department, of 
     each action under paragraph (1), and description of the 
     grounds for each such action.
       ``(4) Demographic data, including data relating to race, 
     sex, national origin, and disability, of each individual for 
     whom eligibility for access to classified information was 
     denied, suspended, revoked, or appealed, and the number of 
     years that each such individual was eligible for access to 
     such information.
       ``(5) In the case of a suspension in excess of 180 days, an 
     explanation for such duration.
       ``(b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form and be made publicly 
     available, but may include a classified annex for any 
     sensitive or classified information if necessary.

     ``SEC. 735. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, AND 
                   REVOCATION.

       ``Not later than one year after the date of the enactment 
     of this section, the Secretary, in consultation with the 
     Homeland Security Advisory Committee, shall develop a plan to 
     achieve greater uniformity within the Department with respect 
     to the adjudication of eligibility of an individual for 
     access to classified information that are consistent with the 
     Adjudicative Guidelines for Determining Access to Classified 
     Information published on December 29, 2005, or similar 
     successor regulation. 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 the plan. The plan shall 
     consider the following:
       ``(1) Mechanisms to foster greater compliance with the 
     uniform Department adjudication, suspension, denial, and 
     revocation standards by the head of each component and office 
     of the Department with the authority to adjudicate access to 
     classified information.
       ``(2) The establishment of an internal appeals panel 
     responsible for final national security clearance denial and 
     revocation determinations that is comprised of designees who 
     are career, supervisory employees from components and offices 
     of the Department with the authority to adjudicate access to 
     classified information and headquarters, as appropriate.

     ``SEC. 736. DATA PROTECTION.

       ``The Secretary shall ensure that all information received 
     for the adjudication of eligibility of an individual for 
     access to classified information is consistent with the 
     Adjudicative Guidelines for Determining Access to Classified 
     Information published on December 29, 2005, or similar 
     successor regulation, and is protected against 
     misappropriation.

     ``SEC. 737. REFERENCE.

       ``Except as otherwise provided, for purposes of this 
     subtitle, any reference to the `Department' includes all 
     components and offices of the Department.''.
       (b) Clerical Amendment.--The table of contents of the 
     Homeland Security Act of 2002 is amended--
       (1) by inserting before the item relating to section 701 
     the following new item:

                ``Subtitle A--Headquarters Activities'';

     and
       (2) by inserting after the final item relating to title VII 
     the following new items:

                   ``Subtitle B--Security Clearances

``Sec. 731. Designation of national security sensitive and public trust 
              positions.
``Sec. 732. Review of position designations.
``Sec. 733. Audits.
``Sec. 734. Reporting.
``Sec. 735. Uniform adjudication, suspension, denial, and revocation.
``Sec. 736. Data protection.
``Sec. 737. Reference.''.

              Subtitle B--Stakeholder Information Sharing

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

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

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

       (2) in subsection (a), by adding at the end the following 
     new sentence: ``Beginning on the date of the enactment of the 
     Department of Homeland Security Authorization Act of 2017, 
     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 and 
     intelligence advice and assistance to the National Network of 
     Fusion Centers;
       ``(2)(A) support the integration of fusion centers into the 
     information sharing environment;
       ``(B) conduct outreach to such fusion centers to identify 
     any gaps in information sharing; and
       ``(C) consult with other Federal agencies to develop 
     methods to address any such gaps, as appropriate;
       ``(3)(A) identify Federal databases and datasets, including 
     databases and datasets used, operated, or managed by 
     Department components, the Federal Bureau of Investigation, 
     and the Department of the Treasury, that are appropriate, in 
     accordance with Federal laws and policies, to address any 
     gaps identified pursuant to paragraph (2), for inclusion in 
     the information sharing environment; and
       ``(B) coordinate with the appropriate Federal agency to 
     deploy or access such databases and datasets;
       ``(4) support the maturation and sustainment of the 
     National Network of Fusion Centers;
       ``(5) reduce inefficiencies and maximize the effectiveness 
     of Federal resource support to the National Network of Fusion 
     Centers;
       ``(6) provide analytic and reporting advice and assistance 
     to the National Network of Fusion Centers;
       ``(7) review information within the scope of the 
     information sharing environment, including homeland security 
     information, terrorism information, and weapons of mass 
     destruction information, that is gathered by the National 
     Network of Fusion Centers and incorporate such information, 
     as appropriate, into the Department's own such information;

[[Page H6067]]

       ``(8) provide for the effective dissemination of 
     information within the scope of the information sharing 
     environment to the National Network of Fusion Centers;
       ``(9) facilitate close communication and coordination 
     between the National Network of Fusion Centers and the 
     Department and other Federal departments and agencies;
       ``(10) provide the National Network of Fusion Centers with 
     expertise on Department resources and operations, including, 
     in coordination with the national cybersecurity and 
     communications integration center under section 227, access 
     to timely technical assistance, risk management support, and 
     incident response capabilities with respect to cyber threat 
     indicators, defensive measures, cybersecurity risks, and 
     incidents (as such terms are defined in such section), which 
     may include attribution, mitigation, and remediation, and the 
     provision of information and recommendations on security and 
     resilience, including implications of cybersecurity risks to 
     equipment and technology related to the electoral process;
       ``(11) coordinate the provision of training and technical 
     assistance to the National Network of Fusion Centers and 
     encourage participating fusion centers to take part in 
     terrorism threat-related exercises conducted by the 
     Department;
       ``(12) review information relating to cybersecurity risks 
     that is gathered by State, local, and regional fusion 
     centers, and incorporate such information, as appropriate, 
     into the Department's own information relating to 
     cybersecurity risks;
       ``(13) ensure the dissemination to State, local, and 
     regional fusion centers of the information described in 
     paragraph (12);
       ``(14) ensure, to the greatest extent practicable, that 
     support for the National Network of Fusion Centers is 
     included as a national priority in applicable homeland 
     security grant guidance;
       ``(15) 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;
       ``(16) coordinate the nationwide suspicious activity report 
     initiative to ensure information gathered by the National 
     Network of Fusion Centers is incorporated as appropriate;
       ``(17) promote and facilitate, to the greatest extent 
     practicable, nationwide suspicious activity report training 
     of fire, emergency medical services, emergency management, 
     and public heath personnel;
       ``(18) lead Department efforts to ensure fusion centers in 
     the National Network of Fusion Centers are the primary focal 
     points for the sharing of homeland security information, 
     terrorism information, and weapons of mass destruction 
     information with State, local, tribal, and territorial 
     entities to the greatest extent practicable;
       ``(19) 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; and
       ``(20) carry out such other duties as the Secretary 
     determines appropriate.'';
       (4) in subsection (c)--
       (A) by striking so much as precedes paragraph (3)(B) and 
     inserting the following:
       ``(c) Resource Allocation.--
       ``(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 Department's mission and existing 
     statutory limits.
       ``(B) Personnel assignment.--Department personnel referred 
     to in subparagraph (A)(ii) may include the following:
       ``(i) Intelligence officers.
       ``(ii) Intelligence analysts.
       ``(iii) Other liaisons from components and offices of the 
     Department, as appropriate.
       ``(C) Memoranda of understanding.--The Under Secretary for 
     Intelligence and Analysis shall negotiate memoranda of 
     understanding between the Department and a State or local 
     government, in coordination with the appropriate 
     representatives from fusion centers in the National Network 
     of Fusion Centers, regarding the exchange of information 
     between the Department and such fusion centers. Such 
     memoranda shall include the following:
       ``(i) The categories of information to be provided by each 
     entity to the other entity that are parties to any such 
     memoranda.
       ``(ii) The contemplated uses of the exchanged information 
     that is the subject of any such memoranda.
       ``(iii) The procedures for developing joint products.
       ``(iv) The information sharing dispute resolution 
     processes.
       ``(v) Any protections necessary to ensure the exchange of 
     information accords with applicable law and policies.
       ``(2) Sources of support.--
       ``(A) In general.--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:
       ``(i) The Office of Intelligence and Analysis.
       ``(ii) The Office of Infrastructure Protection.
       ``(iii) The Transportation Security Administration.
       ``(iv) U.S. Customs and Border Protection.
       ``(v) U.S. Immigration and Customs Enforcement.
       ``(vi) The Coast Guard.
       ``(vii) The national cybersecurity and communications 
     integration center under section 227.
       ``(viii) Other components or offices of the Department, as 
     determined by the Secretary.
       ``(B) Coordination with other federal agencies.--The Under 
     Secretary for Intelligence and Analysis shall coordinate with 
     appropriate officials throughout the Federal Government to 
     ensure the deployment to fusion centers in the National 
     Network of Fusion Centers of representatives with relevant 
     expertise of other Federal departments and agencies.
       ``(3) Resource allocation criteria.--
       ``(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
       (B) 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 new 
     paragraph:
       ``(4) assist, in coordination with the national 
     cybersecurity and communications integration center under 
     section 227, 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 new paragraph:
       ``(6) utilize 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 deployed personnel, under this section from U.S. 
     Customs and Border Protection, U.S. Immigration and Customs 
     Enforcement, and the Coast Guard to support fusion centers in 
     the National Network of Fusion Centers located in 
     jurisdictions along land or maritime borders of the United 
     States in order to enhance the integrity of and security at 
     such borders by helping Federal, State, local, tribal, and 
     territorial law enforcement authorities to identify, 
     investigate, and otherwise interdict 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 new 
     paragraph:
       ``(1) the term `cybersecurity risk' has the meaning given 
     such term in section 227;''.
       (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) Accountability Report.--Not later than one 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 efforts of the Office of Intelligence 
     and Analysis of the Department and other relevant components 
     and offices of the Department to enhance

[[Page H6068]]

     support provided to fusion centers in the National Network of 
     Fusion Centers, including meeting the requirements specified 
     in section 210A of the Homeland Security Act of 2002 (6 
     U.S.C. 124h), as amended 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 
     striking the item relating to section 210A and inserting the 
     following new item:

``Sec. 210A. Department of Homeland Security Fusion Center Partnership 
              Initiative.''.

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

     SEC. 1312. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.

       (a) In General.--Not later than 120 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 subsection (c) of section 210A of the Homeland 
     Security Act of 2002 (6 U.S.C. 124h), as amended by this Act, 
     including an assessment of whether deploying additional 
     Department personnel to such fusion centers would enhance the 
     Department's mission under section 101(b) of such Act and the 
     National Network of Fusion Centers. The assessment required 
     under this subsection shall include the following:
       (1) Information on the current deployment of the 
     Department's personnel to each fusion center.
       (2) 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.
       (3) Information on Federal resources, in addition to 
     personnel, provided to each fusion center.
       (4) 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.
       (5) 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.
       (6) 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:
       (1) Fusion center.--The term ``fusion center'' has the 
     meaning given such term in subsection (j) of section 210A of 
     the Homeland Security Act of 2002 (6 U.S.C. 124h).
       (2) National network of fusion centers.--The term 
     ``National Network of Fusion Centers'' has the meaning given 
     such term in subsection (j) of section 210A of the Homeland 
     Security Act of 2002 (6 U.S.C. 124h), as amended by this Act.

     SEC. 1313. 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 of 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 of 
     Intelligence and Analysis determines a need to know pursuant 
     to Executive Order No. 13526 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 such term in subsection (j) of 
     section 210A of the Homeland Security Act of 2002 (6 U.S.C. 
     124h).

     SEC. 1314. INFORMATION TECHNOLOGY ASSESSMENT.

       (a) In General.--The Under Secretary of Intelligence and 
     Analysis of the Department of Homeland Security, in 
     collaboration with the Chief Information Officer of the 
     Department and representatives from the National Network of 
     Fusion Centers, shall conduct an assessment of information 
     systems (as such term is defined in section 3502 of title 44, 
     United States Code) used to share homeland security 
     information between the Department 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 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) Fusion center.--The term ``fusion center'' has the 
     meaning given such term in subsection (j) of section 210A of 
     the Homeland Security Act of 2002 (6 U.S.C. 124h).
       (2) National network of fusion centers.--The term 
     ``National Network of Fusion Centers'' has the meaning given 
     such term in subsection (j) of section 210A of the Homeland 
     Security Act of 2002 (6 U.S.C. 124h), as amended by this Act.

     SEC. 1315. 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--
       (A) Department personnel who have been granted the 
     appropriate security clearance;
       (B) non-Federal governmental personnel who have been 
     granted a Top Secret security clearance; and
       (C) other personnel as determined appropriate by the 
     Secretary.
       (b) Inventory.--The inventory of facilities described in 
     subsection (a) may include--
       (1) the location of such facilities;
       (2) the attributes of such facilities (including the square 
     footage of, the total capacity of, the number of workstations 
     in, 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. 1316. 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 amended by 
     this Act, as well as other relevant law enforcement entities, 
     release information from a Federal correctional facility, 
     including the name, charging date, and expected place and 
     date of release, of certain individuals who may pose a 
     terrorist threat.
       (b) Scope.--The information shared pursuant to subsection 
     (a) shall be--
       (1) for homeland security purposes; and
       (2) regarding individuals convicted of a Federal crime of 
     terrorism (as such term is defined in section 2332b of title 
     18, United States Code).
       (c) Periodic Threat Assessments.--Consistent with the 
     protection of classified information and controlled 
     unclassified information, the Secretary of Homeland Security 
     shall coordinate with appropriate Federal officials to 
     provide 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 Protections.--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.
       (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. 1317. ANNUAL REPORT ON OFFICE FOR STATE AND LOCAL LAW 
                   ENFORCEMENT.

       Subsection (b) of section 2006 of the Homeland Security Act 
     of 2002 (6 U.S.C. 607) is amended--

[[Page H6069]]

       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Annual report.--For each of fiscal years 2018 through 
     2022, the Assistant Secretary for State and Local Law 
     Enforcement shall submit to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate a 
     report on the activities of the Office for State and Local 
     Law Enforcement. Each such report shall include, for the 
     fiscal year covered by the report, a description of each of 
     the following:
       ``(A) Efforts to coordinate and share information regarding 
     Department and component agency programs with State, local, 
     and tribal law enforcement agencies.
       ``(B) Efforts to improve information sharing through the 
     Homeland Security Information Network by appropriate 
     component agencies of the Department and by State, local, and 
     tribal law enforcement agencies.
       ``(C) The status of performance metrics within the Office 
     of State and Local Law Enforcement to evaluate the 
     effectiveness of efforts to carry out responsibilities set 
     forth within the subsection.
       ``(D) Any feedback from State, local, and tribal law 
     enforcement agencies about the Office, including the 
     mechanisms utilized to collect such feedback.
       ``(E) Efforts to carry out all other responsibilities of 
     the Office of State and Local Law Enforcement.''.

     SEC. 1318. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY 
                   TRAINING, PUBLICATIONS, PROGRAMS, AND SERVICES 
                   FOR STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT 
                   AGENCIES.

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

                      TITLE IV--MARITIME SECURITY

     SEC. 1401. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE 
                   INTERNATIONAL SUPPLY CHAIN.

       Paragraph (2) of section 201(g) of the Security and 
     Accountability for Every Port Act of 2006 (6 U.S.C. 941(g)) 
     is amended to read as follows:
       ``(2) Updates.--Not later than 270 days after the date of 
     the enactment of this paragraph and every three years 
     thereafter, the Secretary shall submit to the appropriate 
     congressional committees a report that contains an update of 
     the strategic plan required by subsection (a).''.

     SEC. 1402. CONTAINER SECURITY INITIATIVE.

       Subsection (l) of section 205 of the Security and 
     Accountability for Every Port Act of 2006 (6 U.S.C. 945) is 
     amended--
       (1) by striking ``(1) in general.--Not later than September 
     30, 2007,'' and inserting ``Not later than 270 days after the 
     date of the enactment of the Border and Maritime Security 
     Coordination Improvement Act,'';
       (2) by redesignating subparagraphs (A) through (H) as 
     paragraphs (1) through (8), respectively, and by moving the 
     margins of such paragraphs (as so redesignated) two ems to 
     the left; and
       (3) by striking paragraph (2).

     SEC. 1403. CYBER AT PORTS.

       (a) Cybersecurity Enhancements to Maritime Security 
     Activities.--Subparagraph (B) of section 70112(a)(2) of title 
     46, United States Code, is amended--
       (1) by redesignating clauses (i) through (iii) as clauses 
     (ii) and (iv), respectively; and
       (2) by inserting before clause (ii) the following new 
     clause:
       ``(i) shall facilitate the sharing of information relating 
     to cybersecurity risks and incidents (as such terms are 
     defined in section 227 of the Homeland Security Act of 2002 
     (6 U.S.C. 148)) to address port-specific cybersecurity risks 
     and incidents, which may include the establishment of a 
     working group of members of such committees to address such 
     port-specific cybersecurity risks and incidents;''.
       (b) Vulnerability Assessments and Security Plans.--Title 
     46, United States Code, is amended--
       (1) in subparagraph (C) of section 70102(b)(1), by 
     inserting ``cybersecurity,'' after ``physical security,''; 
     and
       (2) in subparagraph (C) of section 70103(c)(3)--
       (A) in clause (i), by inserting ``cybersecurity,'' after 
     ``physical security,'';
       (B) in clause (iv), by striking ``and'' after the semicolon 
     at the end;
       (C) by redesignating clause (v) as clause (vi); and
       (D) by inserting after clause (iv) the following new 
     clause:
       ``(v) prevention, management, and response to cybersecurity 
     risks and incidents (as such terms are defined in section 227 
     of the Homeland Security Act of 2002 (6 U.S.C. 148)); and''.

     SEC. 1404. FACILITY INSPECTION INTERVALS.

       Subparagraph (D) of section 70103(c)(4) of title 46, United 
     States Code, is amended to read as follows:
       ``(D) subject to the availability of appropriations, verify 
     the effectiveness of each such facility security plan 
     periodically, but not less than one time per year without 
     notice, and more frequently as determined necessary, in a 
     risk based manner, with or without notice to the facility.''.

     SEC. 1405. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

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

     ``SEC. 434. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.

       ``Not later than 180 days after the date of the enactment 
     of this section and biennially thereafter, the Secretary 
     shall submit to the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a maritime operations 
     coordination plan for the coordination and cooperation of 
     maritime operations undertaken by components and offices of 
     the Department with responsibility for maritime security 
     missions. Such plan shall update the maritime operations 
     coordination plan released by the Department in July 2011, 
     and shall address the following:
       ``(1) Coordination of planning, integration of maritime 
     operations, and development of joint maritime domain 
     awareness efforts of any component or office of the 
     Department with responsibility for maritime homeland security 
     missions.
       ``(2) Maintaining effective information sharing and, as 
     appropriate, intelligence integration, with Federal, State, 
     and local officials and the private sector, regarding threats 
     to maritime security.
       ``(3) Cooperation and coordination with other departments 
     and agencies of the Federal Government, and State and local 
     agencies, in the maritime environment, in support of maritime 
     homeland security missions.
       ``(4) Work conducted within the context of other national 
     and Department maritime security strategic guidance.''.
       (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 433 the following 
     new item:

``Sec. 434. Updates of maritime operations coordination plan.''.

     SEC. 1406. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED 
                   FORCES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Homeland 
     Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate a report that describes and assesses the state of the 
     Coast Guard's Deployable Specialized Forces (in this section 
     referred to as the ``DSF''). Such report shall include, at a 
     minimum, the following elements:
       (1) For each of the past three fiscal years, and for each 
     type of DSF, the following:
       (A) A cost analysis, including training, operating, and 
     travel costs.
       (B) The number of personnel assigned.
       (C) The total number of units.
       (D) The total number of operations conducted.
       (E) The number of operations requested by each of the 
     following:
       (i) The Coast Guard.
       (ii) Other components or offices of the Department of 
     Homeland Security.
       (iii) Other Federal departments or agencies.
       (iv) State agencies.
       (v) Local agencies.
       (F) The number of operations fulfilled by the entities 
     specified in subparagraph (E).
       (2) An examination of alternative distributions of DSFs, 
     including the feasibility, cost (including cost savings), and 
     impact on mission capability of such distributions, including 
     at a minimum the following:
       (A) Combining DSFs, primarily focused on counterdrug 
     operations, under one centralized command.
       (B) Distributing counter-terrorism and anti-terrorism 
     capabilities to DSFs in each major United States port.

[[Page H6070]]

       (b) Deployable Specialized Force Defined.--In this section, 
     the term ``Deployable Specialized Force'' means a unit of the 
     Coast Guard that serves as a quick reaction force designed to 
     be deployed to handle counter-drug, counter-terrorism, and 
     anti-terrorism operations or other maritime threats to the 
     United States.

     SEC. 1407. COST BENEFIT ANALYSIS OF CO-LOCATING DHS ASSETS.

       (a) In General.--For any location in which U.S. Customs and 
     Border Protection's Office of Air and Marine Operations is 
     based within 45 miles of locations where any other Department 
     of Homeland Security agency also operates air and marine 
     assets, the Secretary of Homeland Security shall conduct a 
     cost-benefit analysis to consider the potential cost of and 
     savings derived from co-locating aviation and maritime 
     operational assets of the Office of Air and Marine Operations 
     at facilities where other agencies of the Department operate 
     such assets. In analyzing such potential cost savings 
     achieved by sharing aviation and maritime facilities, such 
     analysis shall consider, at a minimum, the following factors:
       (1) Potential enhanced cooperation derived from Department 
     personnel being co-located.
       (2) Potential costs of, and savings derived through, shared 
     maintenance and logistics facilities and activities.
       (3) Joint use of base and facility infrastructure, such as 
     runways, hangars, control towers, operations centers, piers 
     and docks, boathouses, and fuel depots.
       (4) Potential operational costs of co-locating aviation and 
     maritime assets and personnel.
       (5) Short term moving costs required in order to co-locate 
     facilities.
       (6) Acquisition and infrastructure costs for enlarging 
     current facilities, as needed.
       (b) 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 and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report summarizing the 
     results of the cost-benefit analysis required under 
     subsection (a) and any planned actions based upon such 
     results.

     SEC. 1408. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT 
                   SECURITY AND SECURE SYSTEMS OF TRANSPORTATION.

       Sections 70107A and 70116 of title 46, United States Code, 
     are repealed.

     SEC. 1409. MARITIME SECURITY CAPABILITIES ASSESSMENTS.

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

     ``SEC. 435. MARITIME SECURITY CAPABILITIES ASSESSMENTS.

       ``Not later than 180 days after the date of the enactment 
     of this section and annually thereafter, 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 an assessment of the 
     number and type of maritime assets and the number of 
     personnel required to increase the Department's maritime 
     response rate pursuant to section 1092 of the National 
     Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223; 
     Public Law 114-328).''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002, as amended by this 
     Act, is further amended by inserting after the item relating 
     to section 434 the following new item:

``Sec. 435. Maritime security capabilities assessments.''.

     SEC. 1410. CONFORMING AND CLERICAL AMENDMENTS.

       (a) Sections.--The following provisions of the Security and 
     Accountability for Every Port Act of 2006 (Public Law 109-
     347) are amended as follows:
       (1) By striking section 105.
       (2) By redesignating sections 106 and 107 as sections 105 
     and 106, respectively.
       (3) By striking section 108.
       (4) By redesignating sections 109 and 110 as sections 107 
     and 108, respectively.
       (5) In section 121 (6 U.S.C. 921)--
       (A) by striking subsections (c), (d), and (e); and
       (B) redesignating subsections (f), (g), (h), and (i) as 
     subsections (c), (d), (e), and (f), respectively.
       (6) By striking sections 122 and 127 (6 U.S.C. 922 and ).
       (7) By redesignating sections 123, 124, 125, 126, and 128 
     as sections 122, 123, 124, 125, and 126, respectively.
       (8) In section 233 (6 U.S.C. 983), by striking subsection 
     (c).
       (9) By striking section 235 (6 U.S.C. 984).
       (10) By redesignating section 236 as section 235.
       (11) By striking sections 701 and 708 (and the item 
     relating to such section in the table of contents of such 
     Act).
       (12) By redesignating sections 702, 703, 704, 705, 706, 
     707, and 709 as sections 701, 702, 703, 704, 705, 706, and 
     707, respectively.
       (b) Table of Contents.--
       (1) Security and accountability for every port act of 
     2006.--The table of contents of the Security and 
     Accountability for Every Port Act of 2006 (Public Law 109-
     347) is amended as follows:
       (A) In the list of items relating to subtitle A of title I, 
     by striking the items relating to sections 105 through 110 
     and inserting the following new items:

``Sec. 105. Prohibition of issuance of transportation security cards to 
              persons convicted of certain felonies.
``Sec. 106. Long-range vessel tracking.
``Sec. 107. Notice of arrival for foreign vessels on the Outer 
              Continental Shelf.
``Sec. 108. Enhanced crewmember identification.''.

       (B) In the list of items relating to subtitle C of title I, 
     by striking the items relating to sections 122 through 128 
     and inserting the following new items:

``Sec. 122. Random searches of containers.
``Sec. 123. Work stoppages and employee-employer disputes.
``Sec. 124. Threat assessment screening of port truck drivers.
``Sec. 125. Border Patrol unit for United States Virgin Islands.
``Sec. 126. Center of Excellence for Maritime Domain Awareness.''.

       (C) In the list of items relating to subtitle C of title 
     II, by striking the items relating to sections 235 and 236 
     and inserting the following new item:

``Sec. 235. Information sharing relating to supply chain security 
              cooperation.''.

       (D) In the list of items relating to title VII, by striking 
     the items relating to sections 701 through 709 and inserting 
     the following new items:

``Sec. 701. Disclosures regarding homeland security grants.
``Sec. 702. Trucking security.
``Sec. 703. Air and Marine Operations of the Northern Border Air Wing.
``Sec. 704. Phaseout of vessels supporting oil and gas development.
``Sec. 705. Coast Guard property in Portland, Maine.
``Sec. 706. Methamphetamine and methamphetamine precursor chemicals.
``Sec. 707. Protection of health and safety during disasters.''.

       (2) Title 46.--In the list of items relating to the 
     analysis for chapter 701 of title 46, United States Code, by 
     striking the items relating to sections 70107A and 70116.

            TITLE V--TRANSPORTATION SECURITY ADMINISTRATION

                       Subtitle A--Administration

     SEC. 1501. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002 
                   AND TITLE 5, UNITED STATES CODE.

       (a) Homeland Security Act of 2002.--Paragraph (1) of 
     section 103(a) of the Homeland Security Act of 2002, as 
     amended by this Act, is further amended by adding at the end 
     the following new subparagraph:
       ``(K) An Administrator of the Transportation Security 
     Administration, in accordance with section 114 of title 49, 
     United States Code.''.
       (b) Inclusion in Executive Schedule.--Section 5315 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``Administrator of the Transportation Security 
     Administration, Department of Homeland Security.''.

     SEC. 1502. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

       (a) Amendments.--Section 114 of title 49, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (2) in subsection (b)(1), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration'';
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator'';
       (4) in subsection (b), in the heading, by striking ``Under 
     Secretary'' and inserting ``Administrator'';
       (5) in subsection (e)(4), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (6) in subsection (f)--
       (A) in paragraph (6), by striking ``Managers'' and 
     inserting ``Directors''; and
       (B) in paragraph (14), by inserting ``air carriers or'' 
     before ``foreign air carriers'';
       (7) in subsection (g)--
       (A) by striking ``the Secretary'' each place it appears and 
     inserting ``the Secretary of Homeland Security''; and
       (B) in paragraph (3), by striking ``The Secretary'' and 
     inserting ``The Secretary of Homeland Security'';
       (8) in subsection (j)(1)(D), by striking ``the Secretary'' 
     and inserting ``the Secretary of Homeland Security'';
       (9) in subsection (l)--
       (A) in paragraph (2)(A), by striking ``the Secretary'' and 
     inserting ``the Secretary of Homeland Security''; and
       (B) in paragraph (4)(B), by striking ``the Administrator 
     under subparagraph (A)'' and inserting ``the Administrator of 
     the Federal Aviation Administration under subparagraph (A)'';
       (10) in subsection (m)--
       (A) in the heading, by striking ``Under Secretary'' and 
     inserting ``Administrator''; and
       (B) in paragraph (1), in the heading, by striking ``Under 
     secretary'' and inserting ``Administrator'';
       (11) in subsection (n), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';

[[Page H6071]]

       (12) in subsection (o), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (13) in subsection (p)(4), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (14) by redesignating subsections (u), (v), and (w) as 
     subsections (t), (cc), and (dd), respectively; and
       (15) by inserting after subsection (t), as so redesignated, 
     the following new subsections:
       ``(u) Deputy Administrator.--There is established in the 
     Transportation Security Administration a Deputy 
     Administrator, who shall assist the Administrator in the 
     management of the Transportation Security Administration.
       ``(v) Office of Public Affairs.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of Public 
     Affairs (in this subsection referred to as the `Office').
       ``(2) Assistant administrator.--The head of the Office 
     shall be the Assistant Administrator for Public Affairs, who 
     shall report to the Administrator of the Transportation 
     Security Administration or the Administrator's designee.
       ``(3) Functions.--The Office shall be responsible for 
     facilitating understanding of the Transportation Security 
     Administration's mission by communicating with internal and 
     external audiences in a timely, accurate, and transparent 
     manner.
       ``(w) Office of Civil Rights and Liberties, Ombudsman, and 
     Traveler Engagement.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of Civil 
     Rights and Liberties, Ombudsman, and Traveler Engagement (in 
     this subsection referred to as the `Office').
       ``(2) Assistant administrator.--The head of the Office 
     shall be the Assistant Administrator for Civil Rights and 
     Liberties, Ombudsman, and Traveler Engagement, who shall 
     report to the Administrator of the Transportation Security 
     Administration or the Administrator's designee.
       ``(3) Functions.--The Office shall be responsible for 
     managing allegations of violations of civil rights and civil 
     liberties from the public, carrying out the Administration's 
     equal employment opportunity and diversity policies and 
     programs, including complaint management and adjudication, 
     and helping to ensure that employees and the traveling public 
     are treated in a fair and lawful manner.
       ``(x) Office of Legislative Affairs.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of 
     Legislative Affairs (in this subsection referred to as the 
     `Office').
       ``(2) Assistant administrator.--The head of the Office 
     shall be the Assistant Administrator for Legislative Affairs, 
     who shall report to the Administrator of the Transportation 
     Security Administration or the Administrator's designee.
       ``(3) Functions.--The Office shall be responsible for 
     developing and implementing strategies within the 
     Transportation Security Administration to achieve 
     congressional approval or authorization of the 
     Administration's programs and policies.
       ``(y) Office of Finance and Administration.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of Finance 
     and Administration (in this subsection referred to as the 
     `Office').
       ``(2) Chief financial officer.--The head of the Office 
     shall be the Chief Financial Officer, who shall report to the 
     Administrator of the Transportation Security Administration 
     or the Administrator's designee.
       ``(3) Functions.--The Office shall be responsible for 
     financial, budgetary, and administrative activities that 
     support the mission of the Transportation Security 
     Administration.
       ``(z) Office of the Chief of Operations.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of the Chief 
     of Operations (in this subsection referred to as the 
     `Office').
       ``(2) Chief of operations.--The head of the Office shall be 
     the Chief of Operations, who shall report to the 
     Administrator of the Transportation Security Administration 
     or the Administrator's designee.
       ``(3) Functions.--The Office shall be responsible for the 
     following:
       ``(A) Conducting protection, response, detection, 
     assessment, and investigation activities in airports and 
     other transportation facilities and deploying Federal Air 
     Marshals on United States aircraft traveling domestically and 
     internationally.
       ``(B) Identifying, analyzing, and mitigating risk by 
     assessing vulnerabilities at international locations to 
     determine risk, evaluating risk impacts to determine 
     mitigation activities, and executing mitigation activities to 
     reduce risk to the United States.
       ``(C) Providing security and intelligence professionals 
     with timely information in order to prevent a terrorist 
     attack against the transportation systems of the United 
     States.
       ``(D) Developing security policies and plans that reduce 
     the risk of catastrophic terrorist attacks.
       ``(E) Providing risk-based, adaptive security that includes 
     airport checkpoint and baggage screening operations, 
     regulatory compliance, cargo inspections, and other 
     specialized programs designed to secure transportation.
       ``(F) Safeguarding the transportation systems of the United 
     States through the qualification and delivery of innovative 
     security capabilities.
       ``(aa) Office of the Chief of Mission Support.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of the Chief 
     of Mission Support (in this subsection referred to as the 
     `Office').
       ``(2) Chief of mission support.--The head of the Office 
     shall be the Chief of Mission Support, who shall report to 
     the Administrator of the Transportation Security 
     Administration or the Administrator's designee.
       ``(3) Functions.--The Office shall be responsible for the 
     following:
       ``(A) Negotiating and awarding contracts and other 
     procurement vehicles that improve the Transportation Security 
     Administration's capabilities.
       ``(B) Providing strategic, sustainable, and comprehensive 
     programs and services that attract, build, and inspire a 
     talented workforce.
       ``(C) Overseeing the development, delivery, and evaluation 
     of training programs for Transportation Security 
     Administration employees.
       ``(D) Providing information technologies and services that 
     enable global transportation security.
       ``(E) Ensuring the integrity, efficiency, and effectiveness 
     of the Transportation Security Administration's workforce, 
     operations, and programs through objective audits, covert 
     testing, inspections, and criminal investigations.
       ``(F) Ensuring consistency in misconduct penalty 
     determinations and an expeditious and fair adjudication 
     process.
       ``(G) Building the Transportation Security Administration's 
     capabilities by managing the acquisition, testing, 
     deployment, and sustainment of security technology and other 
     acquisition programs.
       ``(bb) Office of the Chief Counsel.--
       ``(1) Establishment.--There is established in the 
     Transportation Security Administration an Office of the Chief 
     Counsel (in this subsection referred to as the `Office').
       ``(2) Chief counsel.--The head of the Office shall be the 
     Chief Counsel for the Transportation Security Administration, 
     who shall report to the General Counsel of the Department of 
     Homeland Security.
       ``(3) Functions.--The Office shall be responsible for 
     providing legal advice and services across the Transportation 
     Security Administration.''.
       (b) Section 115.--Subsection (c) of section 115 of title 
     49, United States Code, is amended--
       (1) in paragraph (1), by striking ``Under Secretary of 
     Transportation for security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) in paragraph (6), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''.
       (c) Section 40119.--Section 40119 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration'';
       (2) in subsection (b)(4)--
       (A) by inserting ``of the Federal Aviation Administration'' 
     after ``Administrator''; and
       (B) by inserting ``Federal Aviation'' before 
     ``Administration''; and
       (3) in subsection (c), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''.
       (d) Section 44901.--Section 44901 of title 49, United 
     States Code, is amended--
       (1) by striking ``Under Secretary of Transportation for 
     Security'' each place it appears and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (3) by striking ``Assistant Secretary (Transportation 
     Security Administration)'' each place it appears and 
     inserting ``Administrator of the Transportation Security 
     Administration'';
       (4) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (5) in subsection (d), by striking ``Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation'' each place it 
     appears and inserting ``the Committee on Commerce, Science, 
     and Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives''.
       (e) Section 44902.--Section 44902 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) in subsection (b), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''.
       (f) Section 44903.--Section 44903 of title 49, United 
     States Code, is amended--

[[Page H6072]]

       (1) in subsection (b)(1), by inserting ``the Secretary of 
     Homeland Security,'' before ``the Secretary of 
     Transportation'';
       (2) in subsection (c)(2)(C), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (3) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``Secretary of Transportation'' and 
     inserting ``Secretary of Homeland Security'';
       (4) in subsection (g)--
       (A) in paragraph (1)(A), in the heading, by striking 
     ``Under secretary'' and inserting ``Administrator''; and
       (B) in paragraph (2), by striking ``Under Secretary's'' 
     each place it appears and inserting ``Transportation Security 
     Administration Administrator's'';
       (5) in subsection (h)--
       (A) in paragraph (3), by inserting ``of Homeland Security'' 
     after ``Secretary'';
       (B) in paragraph (6)(C), in the matter preceding clause 
     (i), by inserting ``of Homeland Security'' after 
     ``Secretary'';
       (6) in subsection (i)(l), by striking ``, after receiving 
     the recommendations of the National Institute of Justice,'';
       (7) in subsection (j)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Under Secretary for Transportation Security'' and inserting 
     ``Administrator of the Transportation Security 
     Administration''; and
       (ii) in the matter following subparagraph (E), by striking 
     ``Secretary of Transportation'' and inserting ``Secretary of 
     Homeland Security''; and
       (B) in paragraph (2), by striking ``Secretary of 
     Transportation'' each place it appears and inserting 
     ``Secretary of Homeland Security'';
       (8) in subsection (l)(1), by striking ``Under Secretary for 
     Border and Transportation Security of the Department of 
     Homeland Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (9) by striking ``Under Secretary of Transportation for 
     Security'' each place it appears and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (10) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (11) by striking ``Assistant Secretary of Homeland Security 
     (Transportation Security Administration)'' each place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (12) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''.
       (g) Section 44904.--Section 44904 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration'';
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''; and
       (3) in subsection (d) by striking ``Assistant Secretary of 
     Homeland Security (Transportation Security Administration)'' 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (h) Section 44905.--Section 44905 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (2) in subsection (b), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (i) Section 44906.--Section 44906 of title 49, United 
     States Code, is amended--
       (1) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''.
       (j) Section 44908.--Section 44908 of title 49, United 
     States Code, is amended by striking ``Secretary of 
     Transportation'' each place it appears and inserting 
     ``Secretary of Homeland Security''.
       (k) Section 44909.--Section 44909 of title 49, United 
     States Code, is amended--
       (1) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''; and
       (2) by striking ``the Customs Service'' each place it 
     appears and inserting ``U.S. Customs and Border Protection''.
       (l) Section 44911.--Section 44911 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraphs (1) through (10), by striking ``the'' 
     each place it appears and inserting ``The''; and
       (B) by inserting the following at the end the following new 
     paragraphs:
       ``(11) The Coast Guard.
       ``(12) The Department of Homeland Security.
       ``(13) The National Geospatial-Intelligence Agency.
       ``(14) The National Reconnaissance Office.'';
       (2) in subsection (b)--
       (A) by striking ``Secretary of Transportation'' and 
     inserting ``Secretary of Homeland Security''; and
       (B) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (3) in subsection (d), by striking ``the Secretary'' and 
     inserting ``the Secretary of Homeland Security''; and
       (4) in subsection (e)--
       (A) by striking ``the Secretary'' and inserting ``the 
     Secretary of Homeland Security''; and
       (B) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (m) Section 44912.--Section 44912 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (B) in paragraph (3), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (n) Section 44913.--Section 44913 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (B) in paragraph (2), by striking ``the Committee on 
     Transportation and Infrastructure'' and inserting ``the 
     Committee on Homeland Security'';
       (2) in subsection (b), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security''; and
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (o) Section 44914.--Section 44914 of title 49, United 
     States Code, is amended--
       (1) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (p) Section 44915.--Section 44915 of title 49, United 
     States Code, is amended by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''.
       (q) Section 44916.--Section 44916 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) in subsection (b), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''.
       (r) Section 44917.--Section 44917 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Under Secretary of Transportation for Security'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''; and
       (B) in paragraph (2), by inserting ``of Homeland Security, 
     utilizing a risk-based security methodology,'' after 
     ``Secretary'';
       (2) by striking subsections (b) and (c);
       (3) redesignating subsection (d) as subsection (b); and
       (4) in subsection (b), as so redesignated--
       (A) in paragraph (1), by striking ``Assistant Secretary for 
     Immigration and Customs Enforcement'' and inserting 
     ``Administrator of the Transportation Security 
     Administration''; and
       (B) in paragraph (3), by striking ``Assistant Secretary'' 
     each place it appears and inserting ``Administrator''.
       (s) Section 44918.--Section 44918 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(E), by striking ``the Under Secretary 
     for Border and Transportation Security of the Department of 
     Homeland Security'' and inserting ``the Administrator of the 
     Transportation Security Administration''; and
       (B) in paragraphs (5), (6), and (7), by striking ``the 
     Administrator'' each place it appears and inserting ``the 
     Administrator of the Federal Aviation Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (t) Section 44919.--Section 44919 of title 49, United 
     States Code, is amended by striking ``Under Secretary'' each 
     place it appears and inserting ``Administrator of the 
     Transportation Security Administration''.
       (u) Section 44920.--Section 44920 of title 49, United 
     States Code, is amended by striking ``Under Secretary'' each 
     place it appears and inserting ``Administrator of the 
     Transportation Security Administration''.
       (v) Section 44921.--Section 44921 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and

[[Page H6073]]

       (2) in subsection (b)(6)--
       (A) by inserting ``the Committee on Homeland Security and'' 
     before ``the Committee on Transportation and 
     Infrastructure''; and
       (B) by inserting ``the Committee on Homeland Security and 
     Governmental Affairs'' before ``the Committee on Commerce, 
     Science, and Transportation'';
       (3) in subsection (d)(4), by striking ``may,'' and 
     inserting ``may'';
       (4) in subsection (i)(2), by striking ``the Under 
     Secretary'' before ``may'';
       (5) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''; and
       (6) by striking ``Under Secretary's'' each place it appears 
     and inserting ``Transportation Security Administration 
     Administrator's''.
       (w) Section 44922.--Section 44922 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (x) Section 44923.--Section 44923 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``the Under Secretary for Border and 
     Transportation Security of the Department of Homeland 
     Security'' and inserting ``the Administrator of the 
     Transportation Security Administration'';
       (2) in subsection (c), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security''; and
       (3) in subsection (d)--
       (A) in paragraph (3), in the heading, by striking ``Under 
     secretary'' and inserting ``Administrator''; and
       (B) in paragraph (4), by inserting ``, Homeland Security,'' 
     before ``and Transportation and Infrastructure''; and
       (4) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (y) Section 44924.--Section 44924 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``Under Secretary for Border and 
     Transportation for Security of the Department of Homeland 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``Administrator under'' and inserting 
     ``Administrator of the Federal Aviation Administration 
     under'';
       (2) in each of subsections (b) through (f), by inserting 
     ``of the Federal Aviation Administration'' after 
     ``Administrator'' each place it appears;
       (3) in subsection (g), by inserting ``the Committee on 
     Homeland Security and'' before ``the Committee on 
     Transportation and Infrastructure''; and
       (4) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (z) Section 44925.--Section 44925 of title 49, United 
     States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``Assistant Security of 
     Homeland Security (Transportation Security Administration)'' 
     and inserting ``Administrator of the Transportation Security 
     Administration''; and
       (B) in paragraph (3), by inserting ``of Homeland Security'' 
     after ``Secretary''; and
       (2) in subsection (d), by striking ``Assistant Secretary'' 
     each place it appears and inserting ``Administrator of the 
     Transportation Security Administration''.
       (aa) Section 44926.--Section 44926 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``United States'' and 
     inserting ``U.S.''; and
       (2) in subsection (b)(3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``an'' and inserting ``a''; and
       (B) in subparagraph (B), by striking ``United States'' and 
     inserting ``U.S.''.
       (bb) Section 44927.--Section 44927 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``Veteran'' and inserting ``Veterans''; and
       (2) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''.
       (cc) Section 44933.--Section 44933 of title 49, United 
     States Code, is amended--
       (1) in the heading, by striking ``MANAGERS'' and inserting 
     ``DIRECTORS'';
       (2) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) by striking ``Manager'' and inserting ``Director'';
       (B) in the second sentence--
       (i) by striking ``Under Secretary'' and inserting 
     ``Administrator of the Transportation Security 
     Administration''; and
       (ii) by striking the term ``Managers'' each place it 
     appears and inserting ``Directors''; and
       (3) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Manager'' and inserting ``Director''; and
       (B) in paragraph (2), by striking ``Under Secretary'' and 
     inserting ``the Administrator of the Transportation Security 
     Administration''.
       (dd) Section 44934.--Section 44934 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (ee) Section 44935.--Section 44935 of title 49, United 
     States Code, is amended--
       (1) by striking ``Under Secretary of Transportation for 
     Security'' each place it appears and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (3) in subsection (e)(2)(A)(ii), by striking ``section 
     1101(a)(22) of the Immigration and Nationality Act'' and 
     inserting ``section 101(a)(22) of the Immigration and 
     Nationality Act''; and
       (4) by redesignating the second subsection (i) (relating to 
     accessibility of computer-based training facilities) as 
     subsection (k).
       (ff) Section 44936.--Section 44936 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A)--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) by striking ``Under Secretary of Transportation for 
     Transportation Security,,'' and inserting ``Administrator of 
     the Transportation Security Administration,''; and
       (B) in subparagraphs (B) and (C), by striking ``Under 
     Secretary of Transportation for Transportation Security'' 
     each place it appears and inserting ``Administrator of the 
     Transportation Security Administration'';
       (2) in subsection (c)(1), by striking ``Under Secretary's'' 
     and inserting ``Transportation Security Administration 
     Administrator's''; and
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (gg) Section 44937.--Section 44937 of title 49, United 
     States Code, is amended by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''.
       (hh) Section 44938.--Section 44938 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1)--
       (A) by striking ``Secretary of Transportation'' and 
     inserting ``Secretary of Homeland Security'';
       (B) by striking ``the Secretary considers'' and inserting 
     ``the Secretary of Homeland Security considers'';
       (C) by striking ``The Secretary'' and inserting ``The 
     Secretary of Homeland Security''; and
       (D) by striking ``Under Secretary of Transportation 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (ii) Section 44940.--Section 44940 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)(1)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Under Secretary of Transportation for Security'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''; and
       (B) in subparagraph (F) by striking `` Managers'' and 
     inserting ``Directors'';
       (2) in subsection (e)(1), in the heading, by striking 
     ``Under secretary'' and inserting ``Administrator''; and
       (3) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (jj) Section 44941.--Section 44941 of title 49, United 
     States Code, is amended by inserting ``the Department of 
     Homeland Security,'' before ``the Department of 
     Transportation''.
       (kk) Section 44942.--Section 44942 of title 49, United 
     States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by redesignating paragraph (1) as subsection (c) and 
     moving such subsection, as so redesignated, two ems to the 
     left; and
       (ii) by redesignating subparagraphs (A) and (B) as 
     subsections (d) and (e), respectively, and moving such 
     subsections, as so redesignated, four ems to the left;
       (2) by striking subsections (a) and (b);
       (3) by striking subsection (c), as so redesignated;
       (4) by redesignating subsections (d) and (e), as so 
     redesignated, as subsections (a) and (b), respectively;
       (5) by striking the term ``the Secretary'' each place it 
     appears and inserting ``the Secretary of Homeland Security'';
       (6) by striking ``Under Secretary for Transportation 
     Security'' each place it appears and inserting 
     ``Administrator of the Transportation Security 
     Administration''; and
       (7) by striking ``Congress'' and inserting ``the Committee 
     on Homeland Security of

[[Page H6074]]

     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate''.
       (ll) Section 44943.--Section 44943 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``The Under Secretary 
     for Transportation Security'' and inserting ``The 
     Administrator of the Transportation Security 
     Administration'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``the Secretary'' and inserting ``the 
     Secretary of Homeland Security''; and
       (ii) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``the Under Secretary'' each place it 
     appears and inserting ``the Administrator of the 
     Transportation Security Administration''; and
       (3) in subsection (c), by striking ``the Under Secretary 
     for Transportation Security'' and inserting ``the 
     Administrator of the Transportation Security 
     Administration''.
       (mm) Section 44944.--Section 44944 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``Under Secretary of 
     Transportation for Transportation Security'' and inserting 
     ``Administrator of the Transportation Security 
     Administration''; and
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration''.
       (nn) Section 44945.--Section 44945 of title 49, United 
     States Code, is amended by striking ``Assistant Secretary'' 
     each place it appears and inserting ``Administrator of the 
     Transportation Security Administration''.
       (oo) Section 44946.--Section 44946 of title 49, United 
     States Code, is amended--
       (1) in subsection (c)(2)(A), by striking ``, but a member 
     may continue to serve until a successor is appointed'' and 
     inserting ``but may continue until such time as a successor 
     member begins serving on the Advisory Committee'';
       (2) in subsection (g)--
       (A) by striking paragraph (2); and
       (B) redesignating paragraph (3) as paragraph (2); and
       (3) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''.
       (pp) Section 45107.--Section 45107 of title 49, United 
     States Code, is amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) in subsection (b), by striking the second sentence.
       (qq) Clerical Amendments.--The analysis for chapter 449 of 
     title 49, United States Code, is amended by striking the item 
     relating to section 44933 and inserting the following new 
     item:

``44933. Federal Security Directors.''.

     SEC. 1503. AMENDMENTS TO THE AVIATION AND TRANSPORTATION 
                   SECURITY ACT.

       (a) Section 101.--Section 101 of the Aviation and 
     Transportation Security Act (Public Law 107-71) is amended--
       (1) in subsection (c) (5 U.S.C. 5313 note)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) and (3) as paragraph 
     (1) and (2), respectively; and
       (C) in paragraph (1), as so redesignated--
       (i) by striking ``Under Secretary'' and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (ii) by striking ``30 percent'' and inserting ``15 
     percent'';
       (iii) by striking ``the Secretary's'' and inserting ``the 
     Secretary of Homeland Security's''; and
       (iv) by striking ``Under Secretary's'' and inserting 
     ``Transportation Security Administration Administrator's''; 
     and
       (2) by striking subsection (g) (49 U.S.C. 44901 note).
       (b) Section 106.--Section 106 of the Aviation and 
     Transportation Security Act (49 U.S.C. 44903 note) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (B) in paragraph (2)(A), by striking ``Under Secretary'' 
     each place it appears and inserting ``Administrator''; and
       (C) in paragraph (2)(B), in the matter preceding clause 
     (i), by striking ``Secretary'' and inserting ``Secretary of 
     Homeland Security''; and
       (2) in subsection (e), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''.
       (c) Section 109.--Section 109 of the Aviation and 
     Transportation Security Act (49 U.S.C. 114 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) In General.--The Under Secretary of 
     Transportation for Security'' and inserting ``The 
     Administrator of the Transportation Security 
     Administration'';
       (B) in paragraph (4), by--
       (i) striking ``medical product'' and inserting ``liquid or 
     gel medical product or nourishment and nutrition for infants 
     and toddlers, including formula, breast milk, and juice,''; 
     and
       (ii) by striking ``the product'' and inserting ``such 
     product or nourishment or nutrition''; and
       (C) in paragraph (7), by striking ``voice stress analysis, 
     biometric,'' and inserting ``biometric''; and
       (2) by striking subsection (b).
       (d) Section 110.--Section 110 of the Aviation and 
     Transportation Security Act is amended by striking 
     subsections (c) and (d).
       (e) Section 111.--Section 111 of the Aviation and 
     Transportation Security Act (49 U.S.C. 44935 note) is 
     amended--
       (1) in subsection (c)--
       (A) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (B) in paragraph (2), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''.
       (f) Section 117.--Section 117 of the Aviation and 
     Transportation Security Act (49 U.S.C. 44903 note) is amended 
     by inserting ``the Secretary of Homeland Security in 
     consultation with'' before ``the Secretary of 
     Transportation''.
       (g) Section 132.--Section 132 of the Aviation and 
     Transportation Security Act is repealed.
       (h) Section 135.--Section 135 of the Aviation and 
     Transportation Security Act is repealed.
       (i) Section 137.--Section 137 of the Aviation and 
     Transportation Security Act (49 U.S.C. 44912 note) is 
     repealed.
       (j) Redesignations.--Sections 133, 134, 136, 138, 139, 140, 
     141, 142, 143, 144, 145, 146, and 147 of the Aviation and 
     Transportation Security Act are amended by redesignating such 
     sections as sections 132, 133, 134, 135, 136, 137, 138, 139, 
     140, 141, 142, 143, and 144, respectively.

     SEC. 1504. INFORMATION REQUIRED TO BE SUBMITTED TO CONGRESS 
                   UNDER THE STRATEGIC 5-YEAR TECHNOLOGY 
                   INVESTMENT PLAN OF THE TRANSPORTATION SECURITY 
                   ADMINISTRATION.

       (a) Additional Information Required.--Section 1611 of the 
     Homeland Security Act of 2002 (6 U.S.C. 563) is amended--
       (1) in subsection (g)--
       (A) in the matter preceding paragraph (1), by striking 
     ``biennially'' and inserting ``annually'';
       (B) in paragraph (1), by striking ``and'';
       (C) in paragraph (2), by striking the period and inserting 
     ``; and'';
       (D) by adding at the end the following new paragraph:
       ``(3) information about acquisitions completed during the 
     fiscal year preceding the fiscal year during which the report 
     is submitted.''; and
       (2) by adding at the end the following new subsections:
       ``(h) Notice of Covered Changes to Plan.--
       ``(1) Notice required.--The Administrator shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives notice of any covered change to the Plan by 
     not later than 90 days after the date on which the change is 
     made.
       ``(2) Definition of change.--In this subsection, the term 
     `covered change' means an increase or decrease in the dollar 
     amount allocated to the procurement of a technology or an 
     increase or decrease in the number of a technology.''.
       (b) Report on Equipment in Operation Post-life-cycle.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Administrator of the Transportation Security 
     Administration shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Homeland Security of the House of Representatives a report 
     describing any equipment of the Transportation Security 
     Administration that is in operation after--
       (1) the end of the life-cycle of the equipment specified by 
     the manufacturer of the equipment; or
       (2) the end of the useful life projection for the equipment 
     under the strategic 5-year technology investment plan of the 
     Transportation Security Administration, as required by 
     section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 
     563).
       (c) Notice to Airports and Airlines.--Upon the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration shall notify airports and airlines of any 
     changes to the 5-year technology investment plan of the 
     Transportation Security Administration.

     SEC. 1505. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.

       (a) In General.--Title XVI of the Homeland Security Act of 
     2002 (6 U.S.C. 561 et seq.) is amended by adding at the end 
     the following new subtitle:

[[Page H6075]]

  


        ``Subtitle C--Maintenance of Security-Related Technology

     ``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this subtitle, the Administrator shall 
     develop and implement a preventive maintenance validation 
     process for security-related technology deployed to airports.
       ``(b) Maintenance by Administration Personnel at 
     Airports.--For maintenance to be carried out by 
     Administration personnel at airports, the process referred to 
     in subsection (a) shall include the following:
       ``(1) Guidance to Administration personnel at airports 
     specifying how to conduct and document preventive maintenance 
     actions.
       ``(2) Mechanisms for the Administrator to verify compliance 
     with the guidance issued pursuant to paragraph (1).
       ``(c) Maintenance by Contractors at Airports.--For 
     maintenance to be carried by a contractor at airports, the 
     process referred to in subsection (a) shall require the 
     following:
       ``(1) Provision of monthly preventative maintenance 
     schedules to appropriate Administration personnel at each 
     airport that includes information on each action to be 
     completed by contractor.
       ``(2) Notification to appropriate Administration personnel 
     at each airport when maintenance action is completed by a 
     contractor.
       ``(3) A process for independent validation by a third party 
     of contractor maintenance.
       ``(d) Penalties for Noncompliance.--The Administrator shall 
     require maintenance contracts for security-related technology 
     deployed to airports to include penalties for noncompliance 
     when it is determined that either preventive or corrective 
     maintenance has not been completed according to contractual 
     requirements and manufacturers' specifications.''.
       (b) Clerical Amendment.--The table of contents of the 
     Homeland Security Act of 2002 is amended by inserting after 
     the item relating to section 1616 the following:

        ``Subtitle C--Maintenance of Security-Related Technology

``Sec. 1621. Maintenance validation and oversight.''.

     SEC. 1506. TRANSPORTATION SECURITY ADMINISTRATION EFFICIENCY.

       (a) Efficiency Review.--Not later than 270 days after the 
     date of the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall conduct and 
     complete a comprehensive, agency-wide efficiency review of 
     the Administration to identify and effectuate spending 
     reductions and administrative savings through the 
     streamlining or restructuring of Administration divisions to 
     make the Administration more efficient. In carrying out the 
     review under this section, the Administrator shall consider 
     each of the following:
       (1) The elimination of any unnecessarily duplicative or 
     overlapping programs and initiatives that can be streamlined.
       (2) The elimination of any unnecessary or obsolete rules, 
     regulations, directives, or procedures.
       (3) The reduction in overall operating expenses of the 
     Administration, including costs associated with the number of 
     personnel, as a direct result of efficiencies gained through 
     the implementation of risk-based screening or through any 
     other means as determined by the Administrator.
       (4) Any other matters the Administrator determines are 
     appropriate.
       (b) Report to Congress.--Not later than 30 days after the 
     completion of the efficiency review required under subsection 
     (a), 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 
     results and cost savings expected to be achieved through such 
     efficiency review.

     SEC. 1507. TRANSPORTATION SENIOR EXECUTIVE SERVICE 
                   ACCOUNTABILITY.

       (a) Reduction Plan.--Not later than 270 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security, acting through the Administrator of the 
     Transportation Security Administration, shall develop a 
     strategic plan, including a timeline, to reduce by 20 percent 
     by June 30, 2019, the number of positions at the Senior 
     Executive Service level at the Administration.
       (b) Congressional Review.--Not later than 30 days after the 
     completion of the Senior Executive Service reduction plan 
     required under subsection (a), 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 copy of such plan.

              Subtitle B--Passenger Security and Screening

     SEC. 1511. DEPARTMENT OF HOMELAND SECURITY TRUSTED TRAVELER 
                   PROGRAM COLLABORATION.

       The Secretary of Homeland Security shall continue the 
     review of all trusted traveler vetting programs carried out 
     by the Department of Homeland Security using representatives 
     from such programs to make recommendations on possible 
     efficiencies that could be gained by integrating requirements 
     and operations and increasing information and data sharing 
     across programs.

     SEC. 1512. PRECHECK BIOMETRIC PILOT PROJECT.

       Not later than one year after the date of the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration (TSA) shall conduct a pilot project to test a 
     secure, automated, and biometric-based system at airports to 
     verify the identity of individuals who are members of TSA 
     PreCheck or another Department of Homeland Security trusted 
     traveler program that affords TSA expedited screening. Such 
     system shall be designed to--
       (1) improve security while also reducing the need for 
     security screening personnel to perform identity and travel 
     document verification for such individuals;
       (2) reduce the average wait time of such individuals;
       (3) reduce overall operating expenses of the 
     Administration;
       (4) be integrated with the Department's watch list and 
     trusted traveler matching programs; 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. 1513. 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, 2018, 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. 1514. COMPUTED TOMOGRAPHY PILOT PROJECT.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration shall conduct a pilot project to test the use 
     of screening equipment using computed tomography technology 
     to screen baggage at passenger checkpoints.

     SEC. 1515. EXPLOSIVES DETECTION CANINE TEAMS FOR AVIATION.

       (a) Passenger Screening Teams.--The Administrator of the 
     Transportation Security Administration shall ensure that by 
     December 31, 2018, at least 300 explosives detection canine 
     teams are dedicated to passenger screening purposes at 
     airports in the United States at which the Administration 
     performs, or oversees the implementation and performance of, 
     security measures, including screening responsibilities.
       (b) Use of Canines to Detect Screening Anomalies.--At 
     airports in the United States at which--
       (1) canine teams trained to screen passengers are 
     available, and
       (2) the Transportation Security Administration has 
     passenger screening responsibilities,

     the Administrator of the Transportation Security 
     Administration may use such teams to detect screening 
     anomalies.

     SEC. 1516. 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. 1517. TRAVELER REDRESS IMPROVEMENT.

       (a) Redress Process.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall, using existing 
     resources, systems, and processes, ensure the availability of 
     the Department of Homeland

[[Page H6076]]

     Security Traveler Redress Inquiry Program (DHS TRIP) redress 
     process to adjudicate inquiries for individuals who--
       (A) are citizens of the United States or aliens lawfully 
     admitted for permanent residence;
       (B) have filed an inquiry with DHS TRIP after receiving 
     enhanced screening at an airport passenger security 
     checkpoint more than three times in any 60-day period; and
       (C) believe they have been wrongly identified as being a 
     threat to aviation security.
       (2) Report.--Not later than 180 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 the implementation 
     of the redress process required under paragraph (1).
       (b) Privacy Impact Review and Update.--
       (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 review and 
     update the Privacy Impact Assessment for the Secure Flight 
     programs to ensure such Assessment accurately reflects the 
     operation of such programs.
       (2) Public dissemination; form.--The Secure Flight Privacy 
     Impact Assessment review and update required under paragraph 
     (1) shall be published on a publically-accessible internet 
     webpage of the Transportation Security Administration and 
     submitted to the Committee on Homeland Security of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (c) Transportation Security Administration Rule Review and 
     Notification Process.--
       (1) Rule review.--Not later than 60 days after the date of 
     the enactment of this Act and every 120 days thereafter, the 
     Assistant Administrator of the Office of Intelligence and 
     Analysis of the Transportation Security Administration, in 
     coordination with the entities specified in paragraph (2), 
     shall conduct a comprehensive review of the Transportation 
     Security Administration's intelligence-based screening rules.
       (2) Notification process.--Not later than 48 hours after 
     changing, updating, implementing, or suspending a 
     Transportation Security Administration intelligence-based 
     screening rule, the Assistant Administrator of the Office of 
     Intelligence and Analysis of the Transportation Security 
     Administration shall notify the following entities of any 
     such change, update, implementation, or suspension, as the 
     case may be:
       (A) The Office of Civil Rights and Liberties, Ombudsman, 
     and Traveler Engagement of the Transportation Security 
     Administration.
       (B) The Office of Civil Rights and Liberties of the 
     Department of Homeland Security.
       (C) The Office of Chief Counsel of the Administration.
       (D) The Office of General Counsel of the Department.
       (E) The Privacy Office of the Administration.
       (F) The Privacy Office of the Department.
       (G) The Federal Air Marshal Service.
       (H) The Traveler Redress Inquiry Program of the Department.
       (d) Federal Air Marshal Service Coordination.--
       (1) In general.--The Administrator of the Transportation 
     Security Administration shall ensure that the Transportation 
     Security Administration's intelligence-based screening rules 
     are taken into account for Federal Air Marshal mission 
     scheduling.
       (2) Report.--Not later than 180 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 the 
     Transportation Security Administration's intelligence-based 
     screening rules are incorporated in the risk analysis 
     conducted during the Federal Air Marshal mission scheduling 
     process.
       (e) GAO Report.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States 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 study 
     on the Transportation Security Administration's intelligence-
     based screening rules and the effectiveness of such rules in 
     identifying and mitigating potential threats to aviation 
     security. Such study shall also examine coordination between 
     the Transportation Security Administration, the Department of 
     Homeland Security, and other relevant partners relating to 
     changing, updating, implementing, or suspending such rules as 
     necessary.

     SEC. 1518. SCREENING IN AREAS OTHER THAN PASSENGER TERMINALS.

       The Administrator of the Transportation Security 
     Administration is authorized to provide screening services to 
     a commercial charter air carrier in areas other than primary 
     passenger terminals upon the request of such carrier. A 
     commercial charter air carrier shall direct any such request 
     to the Federal Security Director for the airport where such 
     services are requested. A Federal Security Director may elect 
     to provide screening services if such services are available. 
     The Administrator shall enter into an agreement with a 
     commercial charter air carrier for compensation from such 
     carrier requesting the use of screening services for all 
     reasonable costs in addition to overtime costs that are 
     incurred in the provision of screening services under this 
     section.

     SEC. 1519. FEDERAL AIR MARSHAL SERVICE AGREEMENTS.

       (a) Standardization.--Not later than 60 days after the date 
     of the enactment of the Act, the Administrator of the 
     Transportation Security Administration shall develop a 
     standard working document that shall be the basis of all 
     negotiations and agreements that begin after the date of the 
     enactment of this Act between the United States and foreign 
     governments or partners regarding Federal Air Marshal 
     coverage of flights to and from the United States.
       (b) Written Agreements.--All agreements between the United 
     States and foreign governments or partners regarding the 
     presence of Federal Air Marshals on flights to and from the 
     United States must be written and signed by the Secretary of 
     Homeland Security or the Secretary's designee.
       (c) Congressional Notification.--The Secretary of Homeland 
     Security shall transmit to the relevant Congressional 
     committees any agreements described in subsection (b) within 
     30 days of such agreement being signed.

     SEC. 1520. FEDERAL AIR MARSHAL MISSION SCHEDULING AUTOMATION.

       The Administrator of the Transportation Security 
     Administration shall seek to acquire an automated software 
     capability for the scheduling of Federal Air Marshal Service 
     missions based on current risk modeling.

     SEC. 1521. 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. 1522. INTERNATIONAL CIVIL AVIATION ORGANIZATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the United States Ambassador or 
     the Charge d'Affaires to the United States Mission to the 
     International Civil Aviation Organization shall pursue 
     improvements to airport security, including if practicable, 
     introducing a resolution to raise minimum standards for 
     airport security.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the United States 
     Ambassador or the Charge d'Affaires to the United States 
     Mission to the International Civil Aviation Organization 
     shall report to the Committee on Homeland Security and the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Foreign Relations, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the implementation of subsection (a).

     SEC. 1523. PASSENGER SECURITY FEE.

       The Secretary of Homeland Security is prohibited from 
     incorporating an increase in the passenger security fee under 
     section 44940 of title 49, United States Code, beyond what is 
     authorized at the time the annual budget proposal for the 
     Department of Homeland Security is transmitted to Congress.

[[Page H6077]]

  


     SEC. 1524. LAST POINT OF DEPARTURE AIRPORT CERTIFICATION.

       Subparagraph (B) of section 44907(a)(2) of title 49, United 
     States Code, is amended by inserting ``, including the 
     screening and vetting of airport workers'' before the 
     semicolon at the end.

     SEC. 1525. 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. 1526. AIRPORT SECURITY SCREENING OPT-OUT PROGRAM.

       Section 44920 of title 49, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``120'' and inserting 
     ``90'';
       (B) by redesignating paragraph (3) as paragraph (4);
       (C) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Entrance into contract.--The Administrator of the 
     Transportation Security Administration shall make best 
     efforts to enter into a contract with a private screening 
     company to provide screening services at an airport not later 
     than 180 days after the date of approval of an application 
     submitted by the operator of such airport under subsection 
     (a).''; and
       (D) in subparagraph (A) of paragraph (4), as so 
     redesignated, in the matter preceding clause (i), by striking 
     ``not later than 60 days following the date of the denial'' 
     and inserting ``immediately upon issuing the denial''; and
       (2) by striking subsection (h) and inserting the following 
     new subsections:
       ``(h) Evaluation of Screening Company Proposals for 
     Award.--Notwithstanding any other provision of law, including 
     title 48 of the Code of Federal Regulations and the Federal 
     Advisory Committee Act (5 U.S.C. App.), an airport operator 
     that has applied and been approved to have security screening 
     services carried out by a qualified private screening company 
     under contract with the Administrator of the Transportation 
     Security Administration may nominate to the head of the 
     contracting activity an individual to participate in the 
     evaluation of proposals for the award of such contract. Any 
     such participation on a proposal evaluation committee shall 
     be conducted in accordance with the provisions and 
     restrictions of chapter 21 of title 41, United States Code.
       ``(i) Innovative Screening Approaches and Technologies.--
     The operator of an airport at which screening services are 
     provided under this section is encouraged to recommend to the 
     Administrator of the Transportation Security Administration 
     innovative screening approaches and technologies. Upon 
     receipt of any such recommendations, the Administrator, shall 
     review and, if appropriate, test, conduct a pilot project, 
     and, if appropriate, deploy such approaches and 
     technologies.''.

     SEC. 1527. PERSONNEL MANAGEMENT SYSTEM REVIEW.

       (a) In General.--Notwithstanding subsection (d) of section 
     111 of the Aviation and Transportation Security Act (49 
     U.S.C. 44935 note), 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 consisting of representatives of the 
     Administration and representatives of the labor organization 
     representing security screening personnel to discuss reforms 
     to the Administration's personnel management system, 
     including appeals to the Merit Systems Protection Board and 
     grievance procedures.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the working group convened under 
     subsection (a) shall terminate and shall submit to the 
     Administrator of the Transportation Security Administration 
     and the Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report containing agreed-upon 
     reforms to the Administration's personnel management system. 
     The Administrator may implement associated recommendations 
     mutually agreed to by the parties to such working group 
     before the end of such one year period.

     SEC. 1528. INNOVATION TASK FORCE.

       (a) In General.--The Administrator of the Transportation 
     Security Administration may establish a task force to 
     collaborate with air carriers, airport operators, and other 
     aviation security stakeholders to foster the pursuit of 
     innovations in aviation security prior to the acquisition 
     process.
       (b) Activities.--The task force authorized under subsection 
     (a) may conduct activities designed to identify and develop 
     an innovative technology or capability with the potential of 
     enhancing aviation security, including--
       (1) conducting a field demonstration of such a technology 
     or capability in the airport environment;
       (2) gathering performance data from such a demonstration to 
     inform the acquisition process; and
       (3) providing funding and promoting efforts to enable 
     participation in a demonstration by a small business that has 
     an innovative technology but does not have adequate resources 
     to participate.
       (c) Composition.--The task force authorized under 
     subsection (a) shall be--
       (1) chaired by the Administrator of the Transportation 
     Security Administration's designee; and
       (2) comprised of representatives appointed by the 
     Administrator, in consultation with the Chairperson of the 
     Aviation Security Advisory Committee (established pursuant to 
     section 44936 of title 49, United States Code), from 
     appropriate stakeholders from--
       (A) within the Administration;
       (B) air carriers;
       (C) airport operators;
       (D) other aviation security stakeholders; and
       (E) as appropriate, the Science and Technology Directorate 
     of the Department of Homeland Security and any other 
     appropriate component of the Department.
       (d) Rule of Construction.--Nothing in this section shall 
     require the Administrator of the Transportation Security 
     Administration to acquire an innovative technology or 
     emerging security capability.
       (e) Non-applicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the task 
     force authorized under subsection (a).

     SEC. 1529. AIRPORT LAW ENFORCEMENT REIMBURSEMENT.

       Not later than 120 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 the Transportation Security Administration's law 
     enforcement officer reimbursement program, which shall 
     include information relating to the following:
       (1) The current structure of the program, including how 
     funding disbursement decisions are made.
       (2) An assessment of threats requiring law enforcement 
     officer response at airports.
       (3) The scope of current law enforcement activities covered 
     under the program, and an assessment of whether such covered 
     activities should be expanded to reflect emerging threats.
       (4) The annual costs to airport authorities for providing 
     law enforcement for such covered activities at security 
     checkpoints.
       (5) Proposed methodology for funding allocations.

 Subtitle C--Transportation Security Screening Personnel Training and 
                             Accountability

     SEC. 1531. TRANSPORTATION SECURITY TRAINING PROGRAMS.

       (a) In General.--Section 44935 of title 49, United States 
     Code, as amended by this Act, is further amended by adding at 
     the end the following new subsection:
       ``(l) Initial and Recurring Training.--
       ``(1) In general.--The Administrator of the Transportation 
     Security Administration shall establish a training program 
     for new security screening personnel located at the Federal 
     Law Enforcement Training Center in Glynco, Georgia.
       ``(2) Recurring training.--Not later than 180 days after 
     the date of the enactment of this subsection, the 
     Administrator of the Transportation Security Administration 
     shall establish recurring training of security screening 
     personnel regarding updates to screening procedures and 
     technologies, including methods to identify the verification 
     of false or fraudulent travel documents, as well as training 
     on emerging threats, in response to weaknesses identified in 
     covert tests at airports. The training shall include--
       ``(A) internal controls for monitoring and documenting 
     compliance of transportation security officers with such 
     training requirements; and
       ``(B) such other matters as identified by the Administrator 
     with regard to such training.''.
       (b) GAO Study.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall report to Congress on the effectiveness

[[Page H6078]]

     of the new security screening personnel training at Glynco, 
     Georgia, required under subsection (l) of section 44935 of 
     title 49, United States Code, as amended by this section.

     SEC. 1532. 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. 1533. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO 
                   SECURITY SCREENERS.

       Section 44935 of title 49, United States Code, as amended 
     by this Act, is further 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--
       ``(i) is approved, in coordination with the designated 
     security official for the airport operator by the Federal 
     Security Director for such airport; and
       ``(ii) is 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.''.

       Subtitle D--Airport Access Controls and Perimeter Security

     SEC. 1541. REFORMATION OF CERTAIN PROGRAMS OF THE 
                   TRANSPORTATION SECURITY ADMINISTRATION.

       (a) Definitions.--In this subtitle:
       (1) Air carrier.--The term ``air carrier'' has the meaning 
     given such term in section 40102 of title 49, United States 
     Code.
       (2) 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 and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate.
       (3) Foreign air carrier.--The term ``foreign air carrier'' 
     has the meaning given such term in section 40102 of title 49, 
     United States Code.
       (4) 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)).
       (5) Secured area.--The term ``secured area'' has the 
     meaning given such term in section 1540.5 of title 49, Code 
     of Federal Regulations.
       (6) Security identification display area.--The term 
     ``Security Identification Display Area'' has the meaning 
     given such term in section 1540.5 of title 49, Code of 
     Federal Regulations.
       (7) Sterile area.--The term ``sterile area'' has the 
     meaning given such term in section 1540.5 of title 49, Code 
     of Federal Regulations.
       (b) Cost and Feasibility Study.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration, in consultation with 
     the Aviation Security Advisory Committee (established under 
     section 44946 of title 49, United States Code), shall submit 
     to the appropriate congressional committees and the 
     Comptroller General of the United States a cost and 
     feasibility study of a statistically significant number of 
     Category I, II, III, IV, and X airports assessing the impact 
     if all employee access points from non-secured areas to 
     secured areas of such airports are comprised of the 
     following:
       (A) A secure door utilizing card and pin entry or biometric 
     technology.
       (B) Surveillance video recording, capable of storing video 
     data for at least 30 days.
       (C) Advanced screening technologies, including at least one 
     of the following:
       (i) Magnetometer (walk-through or hand-held).
       (ii) Explosives detection canines.
       (iii) Explosives trace detection.
       (iv) Advanced imaging technology.
       (v) X-ray bag screening technology.
       (2) Contents.--The study required under paragraph (1) shall 
     include information related to the employee screening costs 
     of those category I, II, III, IV, and X airports which have 
     already implemented practices of screening 100 percent of 
     employees accessing secured areas of airports, including the 
     following:
       (A) Costs associated with establishing an operational 
     minimum number of employee entry and exit points.
       (B) A comparison of estimated costs and effectiveness 
     associated with implementing the security features specified 
     in paragraph (1) to--
       (i) the Federal Government; and
       (ii) airports and the aviation community.
       (3) Comptroller general assessment.--
       (A) In general.--Upon completion of the study required 
     under paragraph (1), the Comptroller General of the United 
     States

[[Page H6079]]

     shall review such study to assess the quality and reliability 
     of such study.
       (B) Assessment.--Not later than 90 days after the receipt 
     of the study required under paragraph (1), the Comptroller 
     General of the United States shall report to the appropriate 
     congressional committees on the results of the review 
     required under subparagraph (A).
       (c) Airport Worker Education and Security Awareness.--
       (1) Cooperative efforts to enhance airport security 
     awareness.--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall work with air 
     carriers, foreign air carriers, airport operators, labor 
     unions representing credentialed employees, and the Aviation 
     Security Advisory Committee to enhance security awareness of 
     credentialed airport populations regarding insider threats to 
     aviation security and recognized practices related to airport 
     access controls.
       (2) Credentialing standards.--
       (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, in consultation 
     with air carriers, foreign air carriers, airport operators, 
     labor unions representing credentialed employees, and the 
     Aviation Security Advisory Committee, assess credentialing 
     standards, policies, and practices to ensure that insider 
     threats to aviation security are adequately addressed.
       (B) Report.--Not later than 30 days after completion of the 
     assessment required under subparagraph (A), the Administrator 
     of the Transportation Security Administration shall report to 
     the appropriate congressional committees on the results of 
     such assessment.
       (3) SIDA, sterile area, and aoa applications.--
       (A) Social security numbers required.--Not later than 60 
     days after the date of the enactment of this Act, the 
     Administrator of the Transportation Security Administration 
     shall require the submission of a social security number for 
     each individual applying for a Security Identification 
     Display Area, Sterile Area, or Air Operations Area airport 
     credential to strengthen security vetting effectiveness. An 
     applicant who does not provide such applicant's social 
     security number may be denied such a credential.
       (B) Screening notice.--The Administrator of the 
     Transportation Security Administration shall issue 
     requirements for airport operators to include in applications 
     for access to a Security Identification Display Area, Sterile 
     Area, or Air Operations Area a notice informing applicants 
     that an employee holding a credential granting access to such 
     an area may be screened at any time while gaining access to, 
     working in, or leaving such an area.
       (d) Securing Airport Worker Access.--
       (1) In general.--The Administrator of the Transportation 
     Security Administration shall work with airport operators and 
     the Aviation Security Advisory Committee to identify advanced 
     technologies, including biometric identification 
     technologies, for securing employee access to the secured 
     areas and sterile areas of airports.
       (2) Rap back vetting.--Not later than 180 days after the 
     date of the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall ensure that all 
     credentialed aviation worker populations currently requiring 
     a fingerprint-based criminal record history check are 
     continuously vetted through the Federal Bureau of 
     Investigation's Rap Back Service, in order to more rapidly 
     detect and mitigate insider threats to aviation security.
       (3) Insider threat education and mitigation.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Administrator of the Transportation Security 
     Administration shall identify means of enhancing the 
     Transportation Security Administration's ability to leverage 
     the resources of the Department of Homeland Security and the 
     intelligence community to educate Administration personnel on 
     insider threats to aviation security and how the 
     Administration can better mitigate such insider threats.
       (4) Playbook operations.--The Administrator of the 
     Transportation Security Administration shall ensure that 
     Transportation Security Administration-led employee physical 
     inspection efforts of aviation workers, known as Playbook 
     operations, are targeted, strategic, and focused on providing 
     the greatest level of security effectiveness.
       (5) Covert testing.--
       (A) In general.--The Administrator shall conduct covert 
     testing of Transportation Security Administration-led 
     employee inspection operations at airports and measure 
     existing levels of security effectiveness. The Administrator 
     of the Transportation Security Administration shall provide--
       (i) the results of such testing to the airport operator for 
     the airport that is the subject of any such testing, and, as 
     appropriate, to air carriers and foreign air carriers that 
     operate at the airport that is the subject of such testing; 
     and
       (ii) recommendations and technical assistance for air 
     carriers, foreign air carriers, and airport operators to 
     conduct their own employee inspections, as needed.
       (B) Annual reporting.--The Administrator of the 
     Transportation Security Administration shall annually, for 
     each of fiscal years 2018 through 2022, submit to the 
     appropriate congressional committees report on the frequency, 
     methodology, strategy, and effectiveness of employee 
     inspection operations at airports.
       (6) Centralized database.--Not later than 180 days after 
     the date of the enactment of this Act, the Administrator of 
     the Transportation Security Administration, in consultation 
     with the Aviation Security Advisory Committee, shall--
       (A) establish a national database of individuals who have 
     had either their airport or airport operator-issued badge 
     revoked for failure to comply with aviation security 
     requirements;
       (B) determine the appropriate reporting mechanisms for air 
     carriers, foreign air carriers, and airport operators to--
       (i) submit to the Administrator data regarding individuals 
     described in subparagraph (A); and
       (ii) access the database established pursuant to such 
     subparagraph; and
       (C) establish a process to allow individuals whose names 
     were mistakenly entered into such database to correct the 
     record and have their names removed from such database.
       (e) Insider Threat Coordination Efforts.--The Department of 
     Homeland Security is the lead interagency coordinator 
     pertaining to insider threat investigations and mitigation 
     efforts at airports. The Department shall make every 
     practicable effort to coordinate with other relevant 
     Government entities, as well as the security representatives 
     of air carriers, foreign air carriers, and airport operators, 
     as appropriate, when undertaking such investigations and 
     efforts.
       (f) Airport Task Forces.--The Secretary of Homeland 
     Security is authorized, through the Director of U.S. 
     Immigration and Customs Enforcement, to form airport task 
     forces using Homeland Security Investigations personnel and 
     any other Department of Homeland Security personnel the 
     Secretary determines necessary. Such airport task forces 
     shall investigate and mitigate insider threats to aviation 
     security, in coordination with Federal, State, local, tribal, 
     and territorial law enforcement partners, as appropriate.
       (g) Information Technology Security.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Administrator of the Transportation Security Administration 
     shall submit to the appropriate congressional committees a 
     plan to conduct recurring reviews of the operational, 
     technical, and management security controls for 
     Administration information technology systems at airports.

     SEC. 1542. AIRPORT PERIMETER AND ACCESS CONTROL SECURITY.

       (a) Risk Assessments of Airport Security.--
       (1) In general.--The Administrator of the Transportation 
     Security Administration shall--
       (A) not later than 120 days after the date of the enactment 
     of this Act, update the Transportation Sector Security Risk 
     Assessment (TSSRA) for the aviation sector; and
       (B) not later than 180 days after such date--
       (i) update with the latest and most currently available 
     intelligence information the Comprehensive Risk Assessment of 
     Perimeter and Access Control Security (in this section 
     referred to as the ``Risk Assessment of Airport Security'') 
     and determine a regular timeframe and schedule for further 
     updates to such Risk Assessment of Airport Security; and
       (ii) conduct a system-wide assessment of airport access 
     control points and airport perimeter security, including 
     cargo facilities.
       (2) Contents.--The security risk assessments required under 
     paragraph (1)(B) shall
       (A) include updates reflected in the TSSRA and Joint 
     Vulnerability Assessment (JVA) findings;
       (B) reflect changes to the risk environment relating to 
     airport access control points and airport perimeters;
       (C) use security breach data for specific analysis of 
     system-wide trends related to airport access control points 
     and airport perimeter security to better inform risk 
     management decisions; and
       (D) take into consideration the unique geography of and 
     current recognized practices used by airports to mitigate 
     potential vulnerabilities.
       (3) Report.--The Administrator of the Transportation 
     Security Administration shall report to the appropriate 
     congressional committees, relevant Federal departments and 
     agencies, and airport operators on the results of the 
     security risk assessments required under paragraph (1).
       (b) Airport Security Strategy Development.--
       (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 update the 2012 
     National Strategy for Airport Perimeter and Access Control 
     Security (in this section referred to as the ``National 
     Strategy'').
       (2) Contents.--The update to the National Strategy required 
     under paragraph (1) shall include
       (A) information from the Risk Assessment of Airport 
     Security; and
       (B) information on--
       (i) airport security-related activities;
       (ii) the status of efforts by the Transportation Security 
     Administration to address the goals and objectives referred 
     to in subsection (a);
       (iii) finalized outcome-based performance measures and 
     performance levels for each relevant activity and goal and 
     objective under subparagraphs (A) and (B); and

[[Page H6080]]

       (iv) input from airport operators.
       (3) Updates.--Not later than 90 days after the update is 
     completed under paragraph (1), the Administrator of the 
     Transportation Security Administration shall implement a 
     process for determining when additional updates to the 
     strategy referred to in such subsection are needed.

     SEC. 1543. EXIT LANE SECURITY.

       There is authorized $77,000,000 for each of fiscal years 
     2018 and 2019 to carry out subsection (n)(1) of section 44903 
     of title 49, United States Code.

     SEC. 1544. REIMBURSEMENT FOR DEPLOYMENT OF ARMED LAW 
                   ENFORCEMENT PERSONNEL AT AIRPORTS.

       There is authorized $45,000,000 for each of fiscal years 
     2018 and 2019 to carry out subsection (h) of section 44901 of 
     title 49, United States Code.

                     Subtitle E--Air Cargo Security

     SEC. 1551. AIR CARGO ADVANCE SCREENING PROGRAM.

       (a) 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. AIR CARGO ADVANCE SCREENING PROGRAM.

       ``(a) In General.--The Secretary, consistent with the 
     requirements of the Trade Act of 2002 (Public Law 107-210) 
     shall--
       ``(1) establish an air cargo advance screening program (in 
     this section referred to as the `ACAS Program') for the 
     collection by U.S. Customs and Border Protection of advance 
     electronic information from air carriers and other persons 
     within the supply chain regarding cargo being transported to 
     the United States by air;
       ``(2) under such program, require that such information be 
     transmitted by such air carriers and other persons at the 
     earliest point practicable prior to loading of such cargo 
     onto an aircraft destined to or transiting through the United 
     States;
       ``(3) establish appropriate communications systems with 
     freight forwarders, shippers, and air carriers;
       ``(4) establish a system that will allow freight 
     forwarders, shippers, and air carriers to provide shipment 
     level data for air cargo, departing from any location that is 
     inbound to the United States; and
       ``(5) coordinate with the Administrator of the 
     Transportation Security Administration to identify 
     opportunities in which the information furnished in 
     compliance with the ACAS Program could be used by the 
     Administrator.
       ``(b) Inspection of High-risk Cargo.--Under the ACAS 
     Program, the Secretary shall ensure that all cargo that has 
     been identified as high-risk is inspected--
       ``(1) prior to the loading of such cargo onto aircraft at 
     the last point of departure, or
       ``(2) at an earlier point in the supply chain,
     before departing for the United States.
       ``(c) Consultation.--In carrying out the ACAS Program, the 
     Secretary shall consult with relevant stakeholders, as 
     appropriate, to ensure that an operationally feasible and 
     practical approach to--
       ``(1) the collection of advance information with respect to 
     cargo on aircraft departing for the United States, and
       ``(2) the inspection of high-risk cargo,
     recognizes the significant differences among air cargo 
     business models and modes of transportation.
       ``(d) Analysis.--The Secretary may analyze the information 
     referred to in subsection (a) in the Department's automated 
     targeting system and integrate such information with other 
     intelligence to enhance the accuracy of the risk assessment 
     process under the ACAS Program.
       ``(e) No Duplication.--The Secretary shall carry out this 
     section in a manner that, after the ACAS Program is fully in 
     effect, ensures, to the greatest extent practicable, that the 
     ACAS Program does not duplicate other Department programs or 
     requirements relating to the submission of air cargo data or 
     the inspection of high-risk cargo.
       ``(f) Consideration of Industry.--In carrying out the ACAS 
     Program, the Secretary shall--
       ``(1) take into consideration that the content and 
     timeliness of the available data may vary among entities in 
     the air cargo industry and among countries, and shall explore 
     procedures to accommodate such variations while maximizing 
     the contribution of such data to the risk assessment process 
     under the ACAS Program;
       ``(2) test the business processes, technologies, and 
     operational procedures required to provide advance 
     information with respect to cargo on aircraft departing for 
     the United States and carry out related inspection of high-
     risk cargo, while ensuring delays and other negative impacts 
     on vital supply chains are minimized; and
       ``(3) consider the cost, benefit, and feasibility before 
     establishing any set time period for submission of certain 
     elements of the data for air cargo under this section in line 
     with the regulatory guidelines specified in Executive Order 
     13563, and any successor Executive Order or regulation.
       ``(g) Guidance.--The Secretary shall provide guidance for 
     participants in the ACAS Program regarding the requirements 
     for participation, including requirements for transmitting 
     shipment level data.
       ``(h) Use of Data.--The Secretary shall use the data 
     provided under the ACAS Program for targeting shipments for 
     screening and aviation security purposes only.''.
       (b) Final Rule.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue a final regulation to implement the ACAS Program 
     under section 420 of the Homeland Security Act of 2002 (as 
     added by subsection (a) of this section) to include the 
     electronic transmission to U.S. Customs and Border Protection 
     of data elements for targeting cargo, including appropriate 
     security elements of shipment level data, as determined by 
     the Secretary.
       (c) Report.--Not later than 180 days after the date of the 
     commencement of the ACAS Program under section 420 of the 
     Homeland Security Act of 2002 (as added by subsection (a) of 
     this section), 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 and the Committee on Commerce, Science, 
     and Transportation of the Senate a report detailing the 
     operational implementation of providing advance information 
     under the ACAS Program and the value of such information in 
     targeting cargo.
       (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 419 the 
     following new item:

``Sec. 420. Air cargo advance screening program.''.

     SEC. 1552. EXPLOSIVES DETECTION CANINE TEAMS FOR AIR CARGO 
                   SECURITY.

       Section 1307 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (6 U.S.C. 1116) is amended by 
     adding at the end the following new subsection:
       ``(h) Explosives Detection Canine Teams for Air Cargo 
     Security.--
       ``(1) In general.--In order to enhance the screening of air 
     cargo and ensure that third-party explosives detection canine 
     assets are leveraged for such purpose, the Administrator 
     shall, not later than 180 days after the date of the 
     enactment of this subsection--
       ``(A) develop and issue standards for the use of such 
     third-party explosives detection canine assets for the 
     primary screening of air cargo;
       ``(B) develop a process to identify qualified non-Federal 
     entities that will certify canine assets that meet the 
     standards established by the Administrator pursuant to 
     subparagraph (A);
       ``(C) ensure that entities qualified to certify canine 
     assets shall be independent from entities that will train and 
     provide canines to end users of such canine assets;
       ``(D) establish a system of Transportation Security 
     Administration audits of the process developed pursuant to 
     subparagraph (B); and
       ``(E) provide that canines certified for the primary 
     screening of air cargo can be used by air carriers, foreign 
     air carriers, freight forwarders, and shippers.
       ``(2) Implementation.--Upon completion of the development 
     of the process under subsection (a), the Administrator 
     shall--
       ``(A) facilitate the deployment of such assets that meet 
     the certification standards of the Administration, as 
     determined by the Administrator;
       ``(B) make such standards available to vendors seeking to 
     train and deploy third-party explosives detection canine 
     assets; and
       ``(C) ensure that all costs for the training and 
     certification of canines, and for the use of supplied 
     canines, are borne by private industry and not the Federal 
     Government.
       ``(3) Definitions.--In this subsection:
       ``(A) Air carrier.--The term `air carrier' has the meaning 
     given such term in section 40102 of title 49, United States 
     Code.
       ``(B) Foreign air carrier.--The term `foreign air carrier' 
     has the meaning given such term in section 40102 of title 49, 
     United States Code.
       ``(C) Third-party explosives detection canine assets.--The 
     term `third-party explosives detection canine assets' means 
     any explosives detection canine or handler not owned or 
     employed, respectively, by the Administration.''.

           Subtitle F--Information Sharing and Cybersecurity

     SEC. 1561. INFORMATION SHARING AND CYBERSECURITY.

       (a) Federal Security Directors.--Section 44933 of title 49, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c) Information Sharing.--Not later than one year after 
     the date of the enactment of this subsection, the 
     Administrator shall--
       ``(1) require each Federal Security Director of an airport 
     to meet at least quarterly with the airport director, airport 
     security coordinator, and law enforcement agencies serving 
     each such airport to discuss incident management protocols, 
     including the resolution of screening anomalies at passenger 
     screening checkpoints; and
       ``(2) require each Federal Security Director at an airport 
     to inform, consult, and coordinate, as appropriate, with the 
     respective airport security coordinator in a timely manner on 
     security matters impacting airport operations and to 
     establish and maintain operational protocols with such 
     airport operators to ensure coordinated responses to security 
     matters.''.
       (b) Plan to Improve Information Sharing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, acting

[[Page H6081]]

     through the Administrator of the Transportation Security 
     Administration, shall develop a plan to improve intelligence 
     information sharing with State and local transportation 
     entities that includes best practices to ensure that the 
     information shared is actionable, useful, and not redundant.
       (2) Contents.--The plan required under subsection (a) shall 
     include the following:
       (A) The incorporation of best practices for information 
     sharing.
       (B) The identification of areas of overlap and redundancy.
       (C) An evaluation and incorporation of stakeholder input in 
     the development of such plan.
       (D) The integration of recommendations of the Comptroller 
     General of the United States on information sharing.
       (3) Solicitation.--The Administrator shall solicit on an 
     annual basis input from appropriate stakeholders, including 
     State and local transportation entities, on the quality and 
     quantity of intelligence received by such stakeholders 
     relating to information sharing.
       (c) Best Practices Sharing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, acting through the Administrator of the 
     Transportation Security Administration, shall establish a 
     mechanism to share with State and local transportation 
     entities best practices from across the law enforcement 
     spectrum, including Federal, State, local, and tribal 
     entities, that relate to employee training, employee 
     professional development, technology development and 
     deployment, hardening tactics, and passenger and employee 
     awareness programs.
       (2) Consultation.--The Administrator of the Transportation 
     Security Administration shall solicit and incorporate 
     stakeholder input--
       (A) in developing the mechanism for sharing best practices 
     as required under paragraph (1); and
       (B) not less frequently than once each year on the quality 
     and quantity of information such stakeholders receive through 
     the mechanism established under such subsection.
       (d) Cybersecurity.--
       (1) In general.--The Secretary of Homeland Security shall--
       (A) not later than 120 days after the date of the enactment 
     of this Act, develop and implement a cybersecurity risk 
     assessment model for aviation security, consistent with the 
     National Institute of Standards and Technology Framework for 
     Improvement Critical Infrastructure Cybersecurity and any 
     update to such Framework pursuant to section 2 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     272), to evaluate current and future cybersecurity risks;
       (B) evaluate, on a periodic basis, but not less often than 
     once every two years, the effectiveness of the cybersecurity 
     risk assessment model under subparagraph (A);
       (C) seek to ensure participation of at least one 
     information sharing and analysis organization (as such term 
     is defined in section 212 of the Homeland Security Act of 
     2002 (6 U.S.C. 131)) representing the aviation community in 
     the national cybersecurity and communications integration 
     center, pursuant to subsection (d)(1)(B) of section 227 of 
     the Homeland Security Act of 2002 (6 U.S.C. 148);
       (D) establish guidelines for voluntary reporting of 
     aviation-related cybersecurity risks and incidents to the 
     national cybersecurity and communications integration center 
     under section 227 of the Homeland Security Act of 2002, and 
     other appropriate Federal agencies; and
       (E) request the Aviation Security Advisory Committee 
     established pursuant to section 44946 of title 49, United 
     States Code, to report and make recommendations to the 
     Secretary on enhancing the sharing of information related to 
     aviation-related cybersecurity risks and incidents between 
     relevant Federal, state, local, tribal, and territorial 
     entities and the aviation stakeholder community.
       (2) Cybersecurity enhancements to aviation security 
     activities.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall--
       (A) direct the sharing of information concerning 
     cybersecurity risks and incidents to address aviation-
     specific risks; and
       (B) upon request, conduct cybersecurity vulnerability 
     assessments for airports and air carriers.
       (3) TSA database cyber assessment.--
       (A) Assessment required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall evaluate the cybersecurity of the 
     Transportation Security Administration databases for trusted 
     traveler and credentialing programs that contain personal 
     information of specific individuals or information that 
     identifies specific individuals, including the Transportation 
     Worker Identification Credential and Pre-Check trusted 
     traveler programs, and the means for transmission of data to 
     and from such databases and develop information on any 
     identified cybersecurity vulnerabilities and remediation 
     plans to address such vulnerabilities;
       (B) Submission to congress.--Not later than 30 days after 
     the completion of the evaluation required under subparagraph 
     (A), the Secretary shall submit to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate 
     information relating to such evaluation. Such submission 
     shall be provided in a classified form.
       (C) Submission of supplementary information.--Not later 
     than 90 days after the completion of such evaluation, the 
     Secretary shall submit to the Committee on Homeland Security 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate 
     supplementary information relating to such evaluation, 
     including information relating to any identified 
     cybersecurity vulnerabilities and remediation plans to 
     address such vulnerabilities. Such submission shall be 
     provided in a classified form.
       (4) Definitions.--In this subsection, the terms 
     ``cybersecurity risk'' and ``incident'' have the meanings 
     given such terms in section 227 of the Homeland Security Act 
     of 2002.

              Subtitle G--Surface Transportation Security

     SEC. 1571. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (2) Explosives detection canine team.--The term 
     ``explosives detection canine team'' means a canine and a 
     canine handler trained to detect explosives and other threats 
     as determined by the Secretary.
       (3) Risk.--The term ``risk'' means the potential for an 
     unwanted outcome resulting from an accident, event, or 
     occurrence, as determined by its likelihood and the 
     associated consequences.
       (4) Threat.--The term ``threat'' means an individual, 
     entity, action, or natural or manmade occurrence that has or 
     indicates the potential to harm life, information, 
     operations, the environment, or property.
       (5) Vulnerability.--The term ``vulnerability'' means a 
     physical feature or operational attribute that renders an 
     entity open to exploitation or susceptible to a given hazard.

     SEC. 1572. SURFACE TRANSPORTATION SECURITY ASSESSMENT AND 
                   IMPLEMENTATION OF RISK-BASED STRATEGY.

       (a) Security Assessment.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall complete an assessment of the vulnerabilities of and 
     risks to surface transportation systems, including findings 
     from similar vulnerability analyses completed within three 
     years of the date of the enactment of this Act.
       (2) Considerations.--In conducting the security assessment 
     under paragraph (1), the Secretary of Homeland Security 
     shall, at a minimum--
       (A) consider appropriate intelligence;
       (B) consider security breaches and attacks at domestic and 
     international transportation facilities;
       (C) consider the vulnerabilities and risks associated with 
     specific modes of surface transportation systems;
       (D) evaluate the vetting and security training of--
       (i) employees in surface transportation systems; and
       (ii) other individuals with access to sensitive or secure 
     areas of transportation systems; and
       (E) consider input from--
       (i) representatives of different modes of surface 
     transportation systems;
       (ii) subject to paragraph (3)--

       (I) critical infrastructure entities; and
       (II) the Transportation Systems Sector Coordinating 
     Council; and

       (iii) the heads of other relevant Federal departments or 
     agencies.
       (b) Risk-based Security Strategy.--
       (1) In general.--Not later than 180 days after the date the 
     security assessment under subsection (a) is complete, the 
     Secretary of Homeland Security shall use the results of such 
     assessment--
       (A) to develop and implement a cross-cutting, risk-based 
     security strategy that includes--
       (i) all surface transportation systems;
       (ii) a mitigating strategy that aligns with each 
     vulnerability and risk identified in subsection (a);
       (iii) a planning process to inform resource allocation;
       (iv) priorities, milestones, and performance metrics to 
     measure the effectiveness of such risk-based security 
     strategy; and
       (v) processes for sharing relevant and timely intelligence 
     threat information with appropriate stakeholders;
       (B) to develop a management oversight strategy that--
       (i) identifies the parties responsible for the 
     implementation, management, and oversight of the risk-based 
     security strategy under subparagraph (A); and
       (ii) includes a plan for implementing such risk-based 
     security strategy; and
       (C) to modify the risk-based budget and resource 
     allocations, in accordance with section 573(c), for the 
     Transportation Security Administration.
       (2) Coordinated approach.--In developing and implementing 
     the risk-based security

[[Page H6082]]

     strategy under paragraph (1)(A), the Secretary of Homeland 
     Security shall coordinate with the heads of other relevant 
     Federal departments or agencies, and stakeholders, as 
     appropriate--
       (A) to evaluate existing surface transportation security 
     programs, policies, and initiatives, including the explosives 
     detection canine teams, for consistency with the risk-based 
     security strategy and, to the extent practicable, avoid any 
     unnecessary duplication of effort;
       (B) to determine the extent to which stakeholder security 
     programs, policies, and initiatives address the 
     vulnerabilities and risks to surface transportation systems 
     identified in subsection (a); and
       (C) subject to subparagraph (B), to mitigate each such 
     vulnerability and risk.
       (c) Report.--
       (1) In general.--Not later than one year after the date the 
     security assessment under subsection (a) is complete, the 
     Secretary of Homeland Security shall submit to the 
     appropriate congressional committees and the Inspector 
     General of the Department of Homeland Security a report 
     that--
       (A) describes the process used to complete such security 
     assessment;
       (B) describes the process used to develop the risk-based 
     security strategy under subsection (b)(1)(A);
       (C) describes such risk-based security strategy;
       (D) includes the management oversight strategy under 
     subsection (b)(1)(B);
       (E) includes--
       (i) the findings of such security assessment;
       (ii) a description of the actions recommended or taken by 
     the Department or another Federal department or agency to 
     mitigate the vulnerabilities and risks identified in 
     subsection (a);
       (iii) any recommendations for improving the coordinated 
     approach to mitigating vulnerabilities and risks to surface 
     transportation systems; and
       (iv) any recommended changes to the National Infrastructure 
     Protection Plan developed pursuant to Homeland Security 
     Presidential Directive-7, the modal annexes to such plan, or 
     relevant surface transportation security programs, policies, 
     or initiatives; and
       (F) may contain a classified annex.
       (2) Protections.--In preparing the report required under 
     paragraph (1), the Secretary of Homeland Security shall take 
     appropriate actions to safeguard information described by 
     section 552(b) of title 5, United States Code, or protected 
     from disclosure by any other law of the United States.
       (d) Updates.--Not less frequently than semiannually, the 
     Secretary of Homeland Security shall report to or brief the 
     appropriate congressional committees on the vulnerabilities 
     of and risks to surface transportation systems and how such 
     vulnerabilities and risks affect the risk-based security 
     strategy under subsection (b)(1)(A).

     SEC. 1573. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.

       (a) Report.--In conjunction with the submission of the 
     Department's annual budget request to the Office of 
     Management and Budget, the Administrator of the 
     Transportation Security Administration shall submit to the 
     appropriate congressional committees a report that describes 
     a risk-based budget and resource allocation plan for surface 
     transportation sectors, within and across modes, that--
       (1) reflects the risk-based security strategy under section 
     572(b)(1)(A); and
       (2) is organized by appropriations account, program, 
     project, and initiative.
       (b) Budget Transparency.--Subsection (a) of section 1105 of 
     title 31, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(40) a separate statement clearly distinguishing the 
     resources requested for surface transportation security from 
     the resources requested for aviation security.''.
       (c) Resource Reallocation.--
       (1) In general.--Not later than 15 days after the date on 
     which the Transportation Security Administration allocates 
     any resources or personnel, including personnel sharing, 
     detailing, or assignment, or the use of facilities, 
     technology systems, or vetting resources, for a non-
     transportation security purpose or National Special Security 
     Event (as defined in section 2001 of Homeland Security Act of 
     2002 (6 U.S.C. 601)), the Secretary of Homeland Security 
     shall provide to the appropriate congressional committees the 
     notification described in paragraph (2).
       (2) Notification.--A notification described in this 
     paragraph shall include--
       (A) the reason for and a justification of the resource or 
     personnel allocation at issue;
       (B) the expected end date of such resource or personnel 
     allocation; and
       (C) the projected cost to the Transportation Security 
     Administration of such personnel or resource allocation.

     SEC. 1574. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND 
                   INTERAGENCY COORDINATION REVIEW.

       (a) Review.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) review the staffing, budget, resource, and personnel 
     allocation, and management oversight strategy of the 
     Transportation Security Administration's surface 
     transportation security programs;
       (2) review the coordination between relevant entities of 
     leadership, planning, policy, inspections, and implementation 
     of security programs relating to surface transportation to 
     reduce redundancy and regulatory burden; and
       (3) submit to the appropriate congressional committees a 
     report on the findings of the reviews under paragraphs (1) 
     and (2), including any recommendations for improving 
     coordination between relevant entities and reducing 
     redundancy and regulatory burden.
       (b) Relevant Entities Defined.--In this section, the term 
     ``relevant entities'' means--
       (1) the Transportation Security Administration;
       (2) other Federal, State, or local departments or agencies 
     with jurisdiction over a mode of surface transportation;
       (3) critical infrastructure entities;
       (4) the Transportation Systems Sector Coordinating Council; 
     and
       (5) relevant stakeholders.

     SEC. 1575. TRANSPARENCY.

       (a) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act and every 180 days thereafter, the 
     Administrator of the Transportation Security Administration 
     shall make available through a public website information 
     regarding the status of each regulation relating to surface 
     transportation security that is directed by law to be issued 
     but that has not been issued if more than two years have 
     passed since the date of enactment of each such law.
       (b) Inspector General Review.--Not later than 180 days 
     after the date of the enactment of this Act and every two 
     years thereafter until all of the requirements under titles 
     XIII, XIV, and XV of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) and under 
     this Act have been fully implemented, the Inspector General 
     of the Department of Homeland Security shall submit to the 
     appropriate congressional committees a report that--
       (1) identifies the requirements under such titles of such 
     Act and under this Act that have not been fully implemented;
       (2) describes what, if any, additional action is necessary; 
     and
       (3) includes recommendations regarding whether any of such 
     requirements should be amended or repealed.

     SEC. 1576. TSA COUNTERTERRORISM ASSET DEPLOYMENT.

       (a) In General.--The Administrator of the Transportation 
     Security Administration is authorized to maintain 30 Visible 
     Intermodal Prevention and Response (VIPR) teams for 
     deployment, at the request of and in collaboration with 
     Federal, State, and local transportation stakeholders, to 
     prevent and deter acts of terrorism against United States 
     transportation systems and for other counterterrorism 
     purposes. Starting in January 2019 and for five years 
     thereafter, the Administrator shall annually assess whether 
     the number of VIPR teams is adequate to respond to requests 
     for collaboration from Federal, State, and local 
     transportation stakeholders and to carry out counterterrorism 
     activities with respect to United States transportation 
     systems.
       (b) Congressional Notification.--If the Administrator of 
     the Transportation Security Administration determines that 
     the number of VIPR teams should be reduced below 30, the 
     Administrator shall notify the Committee on Homeland Security 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than 90 days prior to such a determination.
       (c) Report to Congress.--Not later than 60 days after the 
     development and implementation of the performance measures 
     and objectives required under subsection (f), 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 appropriate 
     number of VIPR teams needed by the Administration.
       (d) Stakeholder Notification.--If the Transportation 
     Security Administration deploys any counterterrorism 
     personnel or resource, such as explosive detection assets, 
     property inspections, or patrols by VIPR teams, to enhance 
     security at a surface transportation system or surface 
     transportation facility for a period of not less than 180 
     consecutive days, the Administrator shall provide sufficient 
     notification to the system or facility operator, as 
     applicable, not less than 14 days prior to terminating the 
     deployment.
       (e) Exception.--Subsection (d) shall not apply if the 
     Administrator of the Transportation Security Administration--
       (1) determines there is an urgent security need for the 
     personnel or resource described in such subsection; and
       (2) notifies the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       (f) VIPR Teams.--Section 1303 of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
     1112) is amended--
       (1) in subsection (a)(4), by striking ``team,'' and 
     inserting ``team as to specific locations and times within 
     the facilities of such entities at which VIPR teams are to be 
     deployed to maximize the effectiveness of such deployment,''; 
     and
       (2) by striking subsection (b) and inserting the following 
     new subsections:

[[Page H6083]]

       ``(b) Performance Measures.--Not later than one year after 
     the date of the enactment of this subsection, the 
     Administrator shall develop and implement a system of 
     qualitative performance measures and objectives by which to 
     assess the roles, activities, and effectiveness of VIPR team 
     operations on an ongoing basis, including a mechanism through 
     which the transportation entities referred to in subsection 
     (a)(4) may submit feedback on VIPR team operations involving 
     their systems or facilities.
       ``(c) Plan.--Not later than one year after the date of the 
     enactment of this section, the Administrator shall develop 
     and implement a plan for ensuring the interoperability of 
     communications among VIPR team participants and between VIPR 
     teams and any transportation entities with systems or 
     facilities that are involved in VIPR team operations. Such 
     plan shall include an analysis of the costs and resources 
     required to carry out such plan.''.

     SEC. 1577. SURFACE TRANSPORTATION SECURITY ADVISORY 
                   COMMITTEE.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 44947. Surface Transportation Security Advisory 
       Committee

       ``(a) Establishment.--The Administrator of the 
     Transportation Security Administration (referred to in this 
     section as the `Administrator') shall establish within the 
     Transportation Security Administration the Surface 
     Transportation Security Advisory Committee (referred to in 
     this section as the `Advisory Committee').
       ``(b) Duties.--
       ``(1) In general.--The Advisory Committee may advise, 
     consult with, report to, and make recommendations to the 
     Administrator on surface transportation security matters, 
     including the development, refinement, and implementation of 
     policies, programs, initiatives, rulemakings, and security 
     directives pertaining to surface transportation security.
       ``(2) Risk-based security.--The Advisory Committee shall 
     consider risk-based security approaches in the performance of 
     its duties.
       ``(c) Membership.--
       ``(1) Composition.--The Advisory Committee shall be 
     composed of--
       ``(A) voting members appointed by the Administrator under 
     paragraph (2); and
       ``(B) nonvoting members, serving in an advisory capacity, 
     who shall be designated by--
       ``(i) the Transportation Security Administration;
       ``(ii) the Department of Transportation; and
       ``(iii) such other Federal department or agency as the 
     Administrator considers appropriate.
       ``(2) Appointment.--The Administrator shall appoint voting 
     members from among stakeholders representing each mode of 
     surface transportation, such as passenger rail, freight rail, 
     mass transit, pipelines, highways, over-the-road bus, and 
     trucking, including representatives from--
       ``(A) associations representing such modes of surface 
     transportation;
       ``(B) labor organizations representing such modes of 
     surface transportation;
       ``(C) groups representing the users of such modes of 
     surface transportation, including asset manufacturers, as 
     appropriate;
       ``(D) relevant law enforcement, first responders, and 
     security experts; and
       ``(E) such other groups as the Administrator considers 
     appropriate.
       ``(3) Chairperson.--The Advisory Committee shall select a 
     chairperson from among its voting members.
       ``(4) Term of office.--
       ``(A) Terms.--
       ``(i) In general.--The term of each voting member of the 
     Advisory Committee shall be two years, but a voting member 
     may continue to serve until the Administrator appoints a 
     successor.
       ``(ii) Reappointment.--A voting member of the Advisory 
     Committee may be reappointed.
       ``(B) Removal.--
       ``(i) In general.--The Administrator may review the 
     participation of a member of the Advisory Committee and 
     remove such member for cause at any time.
       ``(ii) Access to certain information.--The Administrator 
     may remove any member of the Advisory Committee who the 
     Administrator determines should be restricted from reviewing, 
     discussing, or possessing classified information or sensitive 
     security information.
       ``(5) Prohibition on compensation.--The members of the 
     Advisory Committee may not receive any compensation from the 
     Government by reason of their service on the Advisory 
     Committee.
       ``(6) Meetings.--
       ``(A) In general.--The Advisory Committee shall meet at 
     least semiannually in person or through web conferencing, and 
     may convene additional meetings as necessary.
       ``(B) Public meetings.--At least one of the meetings of the 
     Advisory Committee each year shall be--
       ``(i) announced in the Federal Register;
       ``(ii) announced on a public website; and
       ``(iii) open to the public.
       ``(C) Attendance.--The Advisory Committee shall maintain a 
     record of the persons present at each meeting.
       ``(D) Minutes.--
       ``(i) In general.--Unless otherwise prohibited by Federal 
     law, minutes of the meetings of the Advisory Committee shall 
     be published on the public website under subsection (e)(5).
       ``(ii) Protection of classified and sensitive 
     information.--The Advisory Committee may redact or summarize, 
     as necessary, minutes of the meetings to protect classified 
     information or sensitive security information in accordance 
     with law.
       ``(7) Voting member access to classified information and 
     sensitive security information.--
       ``(A) Determinations.--Not later than 60 days after the 
     date on which a voting member is appointed to the Advisory 
     Committee but before such voting member may be granted any 
     access to classified information or sensitive security 
     information, the Administrator shall determine if such voting 
     member should be restricted from reviewing, discussing, or 
     possessing classified information or sensitive security 
     information.
       ``(B) Access.--
       ``(i) Sensitive security information.--If a voting member 
     is not restricted from reviewing, discussing, or possessing 
     sensitive security information under subparagraph (A) and 
     voluntarily signs a nondisclosure agreement, such voting 
     member may be granted access to sensitive security 
     information that is relevant to such voting member's service 
     on the Advisory Committee.
       ``(ii) Classified information.--Access to classified 
     materials shall be managed in accordance with Executive Order 
     13526 of December 29, 2009 (75 Fed. Reg. 707), or any 
     subsequent corresponding Executive order.
       ``(C) Protections.--
       ``(i) Sensitive security information.--Voting members shall 
     protect sensitive security information in accordance with 
     part 1520 of title 49, Code of Federal Regulations.
       ``(ii) Classified information.--Voting members shall 
     protect classified information in accordance with the 
     applicable requirements for the particular level of 
     classification of such information.
       ``(8) Joint committee meetings.--The Advisory Committee may 
     meet with one or more of the following advisory committees to 
     discuss multimodal security issues and other security-related 
     issues of common concern:
       ``(A) Aviation Security Advisory Committee, established 
     under section 44946 of title 49, United States Code.
       ``(B) Maritime Security Advisory Committee, established 
     under section 70112 of title 46, United States Code.
       ``(C) Railroad Safety Advisory Committee, established by 
     the Federal Railroad Administration.
       ``(9) Subject matter experts.--The Advisory Committee may 
     request the assistance of subject matter experts with 
     expertise related to the jurisdiction of the Advisory 
     Committee.
       ``(d) Reports.--
       ``(1) Periodic reports.--The Advisory Committee shall 
     periodically submit to the Administrator reports on matters 
     requested by the Administrator or by a majority of the 
     members of the Advisory Committee.
       ``(2) Annual report.--
       ``(A) Submission.--The Advisory Committee shall submit to 
     the Administrator and the 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 and the Committee on 
     Commerce, Science, and Transportation of the Senate an annual 
     report that provides information on the activities, findings, 
     and recommendations of the Advisory Committee during the 
     preceding year.
       ``(B) Publication.--Not later than six months after the 
     date that the Administrator receives an annual report under 
     subparagraph (A), the Administrator shall publish a public 
     version of such report, in accordance with section 552a(b) of 
     title 5, United States Code.
       ``(e) Administration Response.--
       ``(1) Consideration.--The Administrator shall consider the 
     information, advice, and recommendations of the Advisory 
     Committee in formulating policies, programs, initiatives, 
     rulemakings, and security directives pertaining to surface 
     transportation security efforts.
       ``(2) Feedback.--Not later than 90 days after the date that 
     the Administrator receives a recommendation from the Advisory 
     Committee under subsection (d)(2), the Administrator shall 
     submit to the Advisory Committee written feedback on such 
     recommendation, including--
       ``(A) if the Administrator agrees with such recommendation, 
     a plan describing the actions that the Administrator has 
     taken, will take, or recommends that the head of another 
     Federal department or agency take to implement such 
     recommendation; or
       ``(B) if the Administrator disagrees with such 
     recommendation, a justification for such disagreement.
       ``(3) Notices.--Not later than 30 days after the date the 
     Administrator submits feedback under paragraph (2), the 
     Administrator shall--
       ``(A) notify 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 and the Committee on Commerce, Science, 
     and Transportation of the Senate of such feedback, including 
     the agreement or

[[Page H6084]]

     disagreement under subparagraph (A) or subparagraph (B) of 
     such paragraph, as applicable; and
       ``(B) provide the committees specified in subparagraph (A) 
     with a briefing upon request.
       ``(4) Updates.--Not later than 90 days after the date the 
     Administrator receives a recommendation from the Advisory 
     Committee under subsection (d)(2) that the Administrator 
     agrees with, and quarterly thereafter until such 
     recommendation is fully implemented, the Administrator shall 
     submit to the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate a report or post on the 
     public website under paragraph (5) an update on the status of 
     such recommendation.
       ``(5) Website.--The Administrator shall maintain a public 
     website that--
       ``(A) lists the members of the Advisory Committee;
       ``(B) provides the contact information for the Advisory 
     Committee; and
       ``(C) information relating to meetings, minutes, annual 
     reports, and the implementation of recommendations under this 
     section.
       ``(f) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee or any subcommittee established under this 
     section.''.
       (b) Advisory Committee Members.--
       (1) Voting members.--Not later than 180 days after the date 
     of the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall appoint the 
     voting members of the Surface Transportation Security 
     Advisory Committee established under section 44947 of title 
     49, United States Code, as added by subsection (a) of this 
     section.
       (2) Nonvoting members.--Not later than 90 days after the 
     date of the enactment of this Act, each Federal Government 
     department and agency with regulatory authority over a mode 
     of surface transportation, as the Administrator of the 
     Transportation Security Administration considers appropriate, 
     shall designate an appropriate representative to serve as a 
     nonvoting member of the Surface Transportation Security 
     Advisory Committee.
       (c) Clerical Amendment.--The analysis for chapter 449 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 44946 the following new item:

``44947. Surface Transportation Security Advisory Committee.''.

     SEC. 1578. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM 
                   PROGRAM.

       (a) In General.--Not later than 90 days after the date that 
     the Inspector General of the Department of Homeland Security 
     receives the report under section 572(c), the Inspector 
     General shall--
       (1) review the explosives detection canine team program of 
     the Department, including--
       (A) the development by the Transportation Security 
     Administration of a deployment strategy for explosives 
     detection canine teams;
       (B) the national explosives detection canine team training 
     program, including canine training, handler training, 
     refresher training, and updates to such training; and
       (C) the use of the canine assets during an urgent security 
     need, including the reallocation of such program resources 
     outside the transportation systems sector during an urgent 
     security need; and
       (2) submit to the appropriate congressional committees a 
     report on such review, including any recommendations.
       (b) Considerations.--In conducting the review of the 
     deployment strategy under subsection (a)(1)(A), the Inspector 
     General of the Department of Homeland Security shall consider 
     whether the Transportation Security Administration's method 
     to analyze the risk to transportation facilities and 
     transportation systems is appropriate.

     SEC. 1579. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE 
                   TEAM PROGRAM.

       (a) In General.--The Secretary of Homeland Security, where 
     appropriate, shall encourage State, local, and tribal 
     governments and private owners of high-risk transportation 
     facilities to strengthen security through the use of 
     explosives detection canine teams.
       (b) Increased Capacity.--
       (1) In general.--Before the date the Inspector General of 
     the Department of Homeland Security submits the report under 
     section 578, the Administrator of the Transportation Security 
     Administration may increase the number of State and local 
     surface and maritime transportation explosives detection 
     canine teams by not more than 70 such teams.
       (2) Additional teams.--Beginning on the date the Inspector 
     General of the Department of Homeland Security submits the 
     report under section 578, the Secretary of Homeland Security 
     may increase the State and local surface and maritime 
     transportation explosives detection canine teams by not more 
     than 200 such teams unless more of such teams are needed as 
     identified in the risk-based security strategy under section 
     572(b)(1)(A), consistent with section 573 or with the 
     President's most recent budget submitted under section 1105 
     of title 31, United States Code.
       (3) Recommendations.--Before initiating any increase in the 
     number of explosives detection teams under paragraph (2), the 
     Secretary of Homeland Security shall consider any 
     recommendations in the report under section 578 on the 
     efficacy and management of the explosives detection canine 
     program of the Department of Homeland Security.
       (c) Deployment.--The Secretary of Homeland Security shall--
       (1) use any additional explosives detection canine teams, 
     as described in subsection (b)(1), as part of the Department 
     of Homeland Security's efforts to strengthen security across 
     the Nation's surface and maritime transportation systems;
       (2) make available explosives detection canine teams to all 
     modes of transportation, subject to the requirements under 
     section 576, to address specific vulnerabilities or risks, on 
     an as-needed basis and as otherwise determined appropriate by 
     the Secretary; and
       (3) consider specific needs and training requirements for 
     explosives detection canine teams to be deployed across the 
     Nation's surface and maritime transportation systems, 
     including in venues of multiple modes of transportation, as 
     the Secretary considers appropriate.

     SEC. 1580. 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. 1581. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR 
                   UNITED STATES AND FOREIGN PASSENGER 
                   TRANSPORTATION SYSTEMS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of how the Transportation 
     Security Administration--
       (1) identifies and compares--
       (A) United States and foreign passenger transportation 
     system security standards; and
       (B) best practices for protecting passenger transportation 
     systems, including shared terminal facilities, and cyber 
     systems; and
       (2) disseminates to stakeholders the findings under 
     paragraph (1).
       (b) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall issue a report that contains--
       (1) the findings of the study conducted under subsection 
     (a); and
       (2) any recommendations for improving relevant processes or 
     procedures.

     SEC. 1582. AMTRAK SECURITY UPGRADES.

       (a) Railroad Security Assistance.--Subsection (b) of 
     section 1513 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (6 U.S.C. 1163) is amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``, including communications 
     interoperability where appropriate with relevant outside 
     agencies and entities'';
       (2) in paragraph (5), by striking ``security of'' and 
     inserting ``security and preparedness of'';
       (3) in paragraph (7), by striking ``security threats'' and 
     inserting ``security threats and preparedness, including 
     connectivity to the National Terrorist Screening Center''; 
     and
       (4) in paragraph (9), by striking ``and security officers'' 
     and inserting ``, security, and preparedness officers''.
       (b) Specific Projects.--Subsection (a)(3) of section 1514 
     of the Implementing Recommendations of the 9/11 Commission 
     Act of 2007 (6 U.S.C. 1164) is amended--
       (1) in subparagraph (D) by inserting before the semicolon 
     at the end the following: ``, or to connect to the National 
     Terrorism Screening Center watchlist'';
       (2) in subparagraph (G), by striking ``and'' after the 
     semicolon;
       (3) in subparagraph (H) by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following new subparagraphs:
       ``(I) for improvements to passenger verification systems;
       ``(J) for improvements to employee and contractor 
     verification systems, including identity verification 
     technology; or
       ``(K) for improvements to the security of Amtrak computer 
     systems, including cybersecurity assessments and programs.''.

     SEC. 1583. STUDY ON SURFACE TRANSPORTATION INSPECTORS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the appropriate congressional committees a report 
     that--
       (1) identifies any duplication or redundancy between the 
     Transportation Security Administration and the Department of 
     Transportation relating to surface transportation security 
     inspections or oversight; and
       (2) provides recommendations, if any, relating to--
       (A) improvements to the surface transportation security 
     inspectors program, including--
       (i) changes in organizational and supervisory structures;
       (ii) coordination procedures to enhance consistency; and
       (iii) effectiveness in inspection and compliance 
     activities; and
       (B) whether each transportation mode needs inspectors 
     trained and qualified for each such specific mode.

[[Page H6085]]

  


     SEC. 1584. SECURITY AWARENESS PROGRAM.

       (a) Establishment.--The Administrator of the Transportation 
     Security Administration shall establish a program to promote 
     surface transportation security through the training of 
     surface transportation operators and frontline employees on 
     each of the skills identified in subsection (c).
       (b) Application.--The program established under subsection 
     (a) shall apply to all modes of surface transportation, 
     including public transportation, rail, highway, motor 
     carrier, and pipeline.
       (c) Training.--The program established under subsection (a) 
     shall cover, at a minimum, the skills necessary to observe, 
     assess, and respond to suspicious items or actions that could 
     indicate a threat to transportation.
       (d) Assessment.--
       (1) In general.--The Administrator of the Transportation 
     Security Administration shall conduct an assessment of 
     current training programs for surface transportation 
     operators and frontline employees.
       (2) Contents.--The assessment under paragraph (1) shall 
     identify--
       (A) whether other training is being provided, either 
     voluntarily or in response to other Federal requirements; and
       (B) whether there are any gaps in existing training.
       (e) Updates.--The Administrator of the Transportation 
     Security Administration shall ensure the program established 
     under subsection (a) is updated as necessary to address 
     changes in risk and terrorist methods and to close any gaps 
     identified in the assessment under subsection (d).
       (f) Suspicious Activity Reporting.--
       (1) In general.--The Secretary of Homeland Security shall 
     ensure there exists a national mechanism for an individual to 
     use to report to the Department of Homeland Security 
     suspicious activity in transportation systems.
       (2) Procedures.--The Secretary of Homeland Security shall 
     establish procedures for the Department of Homeland 
     Security--
       (A) to review and follow-up, as necessary, on each report 
     received under paragraph (1); and
       (B) to share, as necessary and in accordance with law, such 
     reports with appropriate Federal, State, local, and tribal 
     entities.
       (3) Rule of construction.--Nothing in this section may be 
     construed to--
       (A) replace or affect in any way the use of 9-1-1 services 
     in an emergency; or
       (B) replace or affect in any way the security training 
     program requirements specified in sections 1408, 1517, and 
     1534 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184; Public 
     Law 110-53).
       (g) Frontline Employee Defined.--In this section, the term 
     ``frontline employee'' includes--
       (1) an employee of a public transportation agency who is a 
     transit vehicle driver or operator, dispatcher, maintenance 
     and maintenance support employee, station attendant, customer 
     service employee, security employee, or transit police, or 
     any other employee who has direct contact with riders on a 
     regular basis, and any other employee of a public 
     transportation agency that the Administrator of the 
     Transportation Security Administration determines should 
     receive security training under this section or who is 
     receiving security training under other law;
       (2) over-the-road bus drivers, security personnel, 
     dispatchers, maintenance and maintenance support personnel, 
     ticket agents, other terminal employees, and other employees 
     of an over-the-road bus operator or terminal owner or 
     operator who the Administrator determines should receive 
     security training under this section or who is receiving 
     security training under other law; or
       (3) security personnel, dispatchers, locomotive engineers, 
     conductors, trainmen, other onboard employees, maintenance 
     and maintenance support personnel, bridge tenders, and any 
     other employees of railroad carriers who the Administrator 
     determines should receive security training under this 
     section or who is receiving security training under other 
     law.

     SEC. 1585. VOLUNTARY USE OF CREDENTIALING.

       (a) In General.--An individual who is subject to 
     credentialing or a background investigation under section 
     5103a of title 49, United States Code, may satisfy such 
     requirement by obtaining a valid transportation security card 
     issued under section 70105 of title 46, United States Code.
       (b) Fees.--The Secretary of Homeland Security may charge 
     reasonable fees, in accordance with section 520(a) of the 
     Department of Homeland Security Appropriations Act, 2004 (6 
     U.S.C. 469(a)), for providing the necessary credentialing and 
     background investigation under this section.
       (c) Definitions.--In this section:
       (1) Individual who is subject to credentialing or a 
     background investigation.--The term ``individual who is 
     subject to credentialing or a background investigation'' 
     means an individual who--
       (A) because of employment is regulated by the 
     Transportation Security Administration, Department of 
     Transportation, or Coast Guard and is required to have a 
     background records check to obtain a hazardous materials 
     endorsement on a commercial driver's license issued by a 
     State under section 5103a of title 49, United States Code; or
       (B) is required to have a credential and background records 
     check under section 2102(d)(2) of the Homeland Security Act 
     of 2002 (6 U.S.C. 622(d)(2)) at a facility with activities 
     that are regulated by the Transportation Security 
     Administration, Department of Transportation, or Coast Guard.
       (2) Valid transportation security card issued under section 
     70105 of title 46, united states code.--The term ``valid 
     transportation security card issued under section 70105 of 
     title 46, United States Code'' means a transportation 
     security card issued under section 70105 of title 46, United 
     States Code, that is--
       (A) not expired;
       (B) shows no signs of tampering; and
       (C) bears a photograph of the individual representing such 
     card.

     SEC. 1586. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT 
                   LICENSES.

       (a) Issuance of Licenses.--Paragraph (1) of section 
     5103a(a) of title 49, United States Code, is amended--
       (1) by striking ``unless'' and inserting ``unless--'';
       (2) by striking ``the Secretary of Homeland Security'' and 
     inserting the following:
       ``(A) the Secretary of Homeland Security'';
       (3) in subparagraph (A), as designated pursuant to 
     paragraph (2) of this subsection, by striking the period at 
     the end and inserting ``; or''; and
       (4) by adding at the end the following new subparagraph:
       ``(B) the individual holds a valid transportation security 
     card issued under section 70105 of title 46.''.
       (b) Transportation Security Card.--Paragraph (1) of section 
     5103a(d) of title 49, United States Code, is amended, in the 
     matter preceding subparagraph (A), by striking ``described in 
     subsection (a)(1)'' and inserting ``under subsection 
     (a)(1)(A)''.

     SEC. 1587. 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. 1588. PIPELINE SECURITY STUDY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study regarding the roles and 
     responsibilities of the Department of Homeland Security and 
     the Department of Transportation with respect to pipeline 
     security. Such study shall address whether--
       (1) the Annex to the Memorandum of Understanding executed 
     on August 9, 2006, between the Department of Homeland 
     Security and the Department of Transportation adequately 
     delineates strategic and operational responsibilities for 
     pipeline security, including whether it is clear which 
     department is responsible for--
       (A) protecting against intentional pipeline breaches and 
     cyber attacks;
       (B) responding to intentional pipeline breaches and cyber 
     attacks; and
       (C) planning to recover from the impact of intentional 
     pipeline breaches and cyber attacks;
       (2) the respective roles and responsibilities of each 
     department are adequately conveyed to relevant stakeholders 
     and to the public; and
       (3) the processes and procedures for determining whether a 
     particular pipeline breach is a terrorist incident are clear 
     and effective.
       (b) Report on Study.--Not later than 180 days after the 
     date of the enactment of this section, the Comptroller 
     General of the United States shall submit to the Secretary of 
     Homeland Security and the Committee on Homeland Security and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report containing 
     the findings of the study conducted under subsection (a).
       (c) Report to Congress.--Not later than 90 days after the 
     submission of the report under subsection (b), the Secretary 
     of Homeland Security shall review and analyze the study and 
     submit to the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on such review and 
     analysis, including any recommendations for--
       (1) changes to the Annex to the Memorandum of Understanding 
     referred to in subsection (a)(1); and
       (2) other improvements to pipeline security activities at 
     the Department.

[[Page H6086]]

  


  Subtitle H--Security Enhancements in Public Areas of Transportation 
                               Facilities

     SEC. 1591. WORKING GROUP.

       (a) In General.--The Secretary of Homeland Security may 
     establish a working group to promote collaborative engagement 
     between the Department of Homeland Security and public and 
     private stakeholders to develop non-binding recommendations 
     for enhancing the security in public areas of transportation 
     facilities.
       (b) Annual Report.--If the Secretary of Homeland Security 
     establishes a working group pursuant to subsection (a), not 
     later than one year after such establishment and annually 
     thereafter for five years, the Secretary shall report on the 
     working group's organization, participation, activities, 
     findings, and non-binding recommendations for the immediately 
     preceding 12 month period. The Secretary may publish a public 
     version describing the working group's activities and such 
     related matters as would be informative to the public, 
     consistent with section 552(b) of title 5, United States 
     Code.
       (c) Inapplicability of the Federal Advisory Committee 
     Act.--The Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the working group or any subsidiary 
     thereof.

     SEC. 1592. TECHNICAL ASSISTANCE; VULNERABILITY ASSESSMENT 
                   TOOLS.

       (a) In General.--The Secretary of Homeland Security shall--
       (1) inform public and private sector stakeholders regarding 
     the availability of Department of Homeland Security technical 
     assistance, including vulnerability assessment tools, to help 
     enhance the security in public areas of transportation 
     facilities; and
       (2) subject to availability of appropriations, provide such 
     technical assistance, upon request, to such a stakeholder.
       (b) Best Practices.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall publish and widely disseminate best practices 
     for protecting and enhancing the resilience of public areas 
     of transportation facilities, including associated frameworks 
     or templates for implementation. As appropriate, such best 
     practices shall be updated periodically.

     SEC. 1593. OPERATIONS CENTERS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Administrator of the Transportation Security 
     Administration, in consultation with the heads of other 
     appropriate offices or components of the Department of 
     Homeland Security, shall make available to public and private 
     stakeholders a framework for establishing an operations 
     center within a transportation facility to promote 
     interagency response and coordination.

     SEC. 1594. REVIEW OF REGULATIONS.

       (a) Review.--Not later than one 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 and the Committee 
     on Commerce, Science, and Transportation of the Senate a 
     report that includes a review of regulations, directives, 
     policies, and procedures issued by the Administrator 
     regarding the transportation of a firearm and ammunition by 
     an aircraft passenger, and, as appropriate, information on 
     plans to modify any such regulation, directive, policy, or 
     procedure based on such review.
       (b) Consultation.--In preparing the report required under 
     subsection (a), the Administrator of the Transportation 
     Security Administration shall consult with the Aviation 
     Security Advisory Committee (established pursuant to section 
     44946 of title 49, United States Code) and appropriate public 
     and private sector stakeholders.

     SEC. 1595. DEFINITION.

       In this subtitle, the term ``public and private sector 
     stakeholders'' has the meaning given such term in section 
     114(u)(1)(C) of title 49, United States Code.

     TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS

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

     SEC. 1601. 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 2018 through 2022.''.

     SEC. 1602. 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, non-
     governmental 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 2018 through 2022.''.

     SEC. 1603. 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. 1604. 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 2018 
     through fiscal year 2022 on the use of grants under sections 
     2003 and 2004 for law enforcement terrorism prevention 
     activities authorized under this section, including the 
     percentage and dollar amount of funds used for such 
     activities and the types of projects funded.''.
       (b) Office for State and Local Law Enforcement.--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''
       (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. 1605. 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

[[Page H6087]]

     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. 1606. 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. 1607. APPROVAL OF CERTAIN EQUIPMENT.

       (a) In General.--Section 2008 of the Homeland Security Act 
     of 2002 (6 U.S.C. 609), as amended by this Act, is further 
     amended--
       (1) in subsection (f)--
       (A) by striking ``If an applicant'' and inserting the 
     following:
       ``(1) Application requirement.--If an applicant''; and
       (B) by adding at the end the following new paragraphs:
       ``(2) Review process.--The Administrator shall implement a 
     uniform process for reviewing applications that, in 
     accordance with paragraph (1), contain explanations to use 
     grants provided under section 2003 or 2004 to purchase 
     equipment or systems that do not meet or exceed any 
     applicable national voluntary consensus standards developed 
     under section 647 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 747).
       ``(3) Factors.--In carrying out the review process under 
     paragraph (2), the Administrator shall consider the 
     following:
       ``(A) Current or past use of proposed equipment or systems 
     by Federal agencies or the Armed Forces.
       ``(B) The absence of a national voluntary consensus 
     standard for such equipment or systems.
       ``(C) The existence of an international consensus standard 
     for such equipment or systems, and whether such equipment or 
     systems meets such standard.
       ``(D) The nature of the capability gap identified by the 
     applicant, and how such equipment or systems will address 
     such gap.
       ``(E) The degree to which such equipment or systems will 
     serve the needs of the applicant better than equipment or 
     systems that meet or exceed existing consensus standards.
       ``(F) Any other factor determined appropriate by the 
     Administrator.''; and
       (2) by adding at the end the following new subsection:
       ``(g) Review Process.--The Administrator shall implement a 
     uniform process for reviewing applications to use grants 
     provided under section 2003 or 2004 to purchase equipment or 
     systems not included on the Authorized Equipment List 
     maintained by the Administrator.''.
       (b) Inspector General Report.--Not later than three years 
     after the date of the enactment of this Act, the Inspector 
     General of the Department of Homeland Security shall submit 
     to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report assessing the 
     implementation of the review process established under 
     paragraph (2) of subsection (f) of section 2008 of the 
     Homeland Security Act of 2002 (as added by subsection (a) of 
     this section), including information on the following:
       (1) The number of requests to purchase equipment or systems 
     that do not meet or exceed any applicable consensus standard 
     evaluated under such review process.
       (2) The capability gaps identified by applicants and the 
     number of such requests granted or denied.
       (3) The processing time for the review of such requests.

     SEC. 1608. 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 Countering Violent Extremism Coordinator.
       ``(8) The Officer for Civil Rights and Civil Liberties.
       ``(9) The Chief Medical Officer.
       ``(10) The heads of other components or offices of the 
     Department, as determined by the Secretary.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 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. 1609. 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 
     Act, from each State and high-risk urban area, the 
     Administrator of the Federal Emergency Management Agency 
     shall conduct and submit to the Committee on Homeland 
     Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate an assessment of information provided in 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. 1610. GRANT MANAGEMENT BEST PRACTICES.

       The Administrator of the Federal Emergency Management 
     Agency shall include in

[[Page H6088]]

     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. 1611. PROHIBITION ON CONSOLIDATION.

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

     SEC. 1612. MAINTENANCE OF GRANT INVESTMENTS.

       Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 
     609), as amended by this Act, 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 paragraphs (3), (4), (5), or 
     (12) of subsection (a) of this section, shall by the time of 
     the receipt of such grant develop a plan for the maintenance 
     of such equipment over its life-cycle that includes 
     information identifying which entity is responsible for such 
     maintenance.''.

     SEC. 1613. TRANSIT SECURITY GRANT PROGRAM.

       Section 1406 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (6 U.S.C. 1135) is amended--
       (1) in subsection (b)(2)(A), by inserting ``and associated 
     backfill'' after ``security training''; and
       (2) 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 2018 through 2022.''.

     SEC. 1614. 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 the fiscal years 2018 through 2022.''.

     SEC. 1615. CYBER PREPAREDNESS.

       (a) In General.--Section 227 of the Homeland Security Act 
     of 2002 (6 U.S.C. 148) 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. 1616. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING 
                   AND EXERCISE GRANT PROGRAM.

       (a) In General.--Subtitle A of title XX of the Homeland 
     Security Act of 2002 (6 U.S.C. 603 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTERRORISM 
                   TRAINING AND EXERCISE GRANT PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, acting through the 
     Administrator and the heads of other relevant components of 
     the Department, shall carry out a program to make grants to 
     emergency response providers to prevent, prepare for, and 
     respond to emerging terrorist attack scenarios, including 
     complex, coordinated terrorist attacks and active shooters, 
     as determined by the Secretary, against major metropolitan 
     areas.
       ``(2) Information.--In establishing the program pursuant to 
     paragraph (1), the Secretary shall provide to eligible 
     applicants--
       ``(A) information, in an unclassified format, on emerging 
     terrorist attack scenarios, including complex, coordinated 
     terrorist attacks and active shooters, which grants under 
     such program are intended to address; and
       ``(B) information on training and exercises best practices.
       ``(b) Eligible Applicants.--
       ``(1) In general.--Only jurisdictions that have previously 
     received, but are no longer eligible for, funding under 
     section 2003 may apply for a grant under the program 
     established pursuant to subsection (a).
       ``(2) Additional jurisdictions.--Eligible applicants 
     receiving funding under the program established pursuant to 
     subsection (a) may include in activities funded by such 
     program neighboring jurisdictions that would be likely to 
     provide mutual aid in response to emerging terrorist attack 
     scenarios, including complex, coordinated terrorist attacks 
     and active shooters.
       ``(c) Permitted Uses.--The recipient of a grant under the 
     program established pursuant to subsection (a) may use such 
     grant to--
       ``(1) identify capability gaps related to preparing for, 
     preventing, and responding to emerging terrorist attack 
     scenarios, including complex, coordinated terrorist attacks 
     and active shooters;
       ``(2) develop or update plans, annexes, and processes to 
     address any capability gaps identified pursuant to paragraph 
     (1);
       ``(3) conduct training to address such identified 
     capability gaps;
       ``(4) conduct exercises, including at locations such as 
     mass gathering venues, places of worship, or educational 
     institutions, as appropriate, to validate capabilities;
       ``(5) pay for backfill associated with personnel 
     participating in training and exercises under paragraphs (3) 
     and (4); and
       ``(6) pay for other permitted uses under section 2008.
       ``(d) 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 fewer than 36 
     months.
       ``(e) Information Sharing.--The Administrator shall, to the 
     extent practicable, aggregate, analyze, and share with 
     relevant emergency response providers information on best 
     practices and lessons learned from--
       ``(1) the planning, training, and exercises conducted using 
     grants authorized under the program established pursuant to 
     subsection (a); and
       ``(2) responses to actual terrorist attacks around the 
     world.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section 
     $39,000,000 for each of fiscal years 2018 through 2022.''.
       (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 2008 the 
     following new item:

``Sec. 2009. Major metropolitan area counterterrorism training and 
              exercise grant program.''.

     SEC. 1617. OPERATION STONEGARDEN.

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

     ``SEC. 2010. OPERATION STONEGARDEN.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as `Operation Stonegarden'. 
     Under such program, the Secretary, acting through the 
     Administrator, shall make grants to eligible law enforcement 
     agencies, through the State Administrative Agency, to enhance 
     border security in accordance with this section.
       ``(b) Eligible Recipients.--To be eligible to receive a 
     grant under this section, a law enforcement agency shall--
       ``(1) be located in--
       ``(A) a State bordering either Canada or Mexico; or
       ``(B) a State or territory with a maritime border; and
       ``(2) be involved in an active, ongoing U.S. Customs and 
     Border Protection operation coordinated through a sector 
     office.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for any of the following:
       ``(1) Equipment, including maintenance and sustainment 
     costs.
       ``(2) Personnel, 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 Fiscal Year 2016 
     Homeland Security Grant Program Notice of Funding 
     Opportunity.
       ``(4) Any other appropriate activity, as determined by the 
     Administrator, in consultation with the Commissioner of U.S. 
     Customs and Border Protection.
       ``(d) Period of Performance.--The Secretary shall make 
     funds provided under this section available for use by a 
     recipient of a grant for a period of not less than 36 months.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated $110,000,000 for each of fiscal years 2018 
     through 2022 for grants under this section.
       ``(e) Report.--The Administrator shall annually for each of 
     the fiscal years specified in subsection (d) 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 containing 
     information on the expenditure of grants made under this 
     section by each grant recipient.''.

[[Page H6089]]

       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002, as amended by this 
     Act, is further amended by inserting after the item relating 
     to section 2009 the following new item:

``Sec. 2010. Operation Stonegarden.''.

     SEC. 1618. NON-PROFIT SECURITY GRANT PROGRAM.

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

     ``SEC. 2011. NON-PROFIT SECURITY GRANT PROGRAM.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as the `Non-Profit Security 
     Grant Program' (in this section referred to as the 
     `Program'). Under the Program, the Secretary, acting through 
     the Administrator, shall make grants to eligible nonprofit 
     organizations described in subsection (b), through the State 
     in which such organizations are located, for target hardening 
     and other security enhancements to protect against terrorist 
     attacks.
       ``(b) Eligible Recipients.--Eligible nonprofit 
     organizations described in this subsection (a) are 
     organizations that are--
       ``(1) described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code; and
       ``(2) determined to be at risk of a terrorist attack by the 
     Administrator.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for any of the following uses:
       ``(1) Target hardening activities, including physical 
     security enhancement equipment and inspection and screening 
     systems.
       ``(2) Fees for security training relating to physical 
     security and cybersecurity, target hardening, terrorism 
     awareness, and employee awareness.
       ``(3) Any other appropriate activity, as determined by the 
     Administrator.
       ``(d) 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.
       ``(e) Report.--The Administrator shall annually for each of 
     fiscal years 2018 through 2022 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 containing information on the expenditure 
     by each grant recipient of grant funds made under this 
     section.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     $50,000,000 for each of fiscal years 2018 through 2022 to 
     carry out this section.
       ``(2) Specification.--Of the amounts authorized to be 
     appropriated pursuant to paragraph (1)--
       ``(A) $35,000,000 is authorized for eligible recipients 
     located in jurisdictions that receive funding under section 
     2003; and
       ``(B) $15,000,000 is authorized for eligible recipients in 
     jurisdictions not receiving funding under section 2003.''.
       (b) Conforming Amendment.--Subsection (a) of section 2002 
     of the Homeland Security Act of 2002 (6 U.S.C. 603) is 
     amended by striking ``sections 2003 and 2004'' and inserting 
     ``sections 2003, 2004, and 2011''.
       (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. 2011. Non-Profit Security Grant Program.''.

     SEC. 1619. STUDY OF THE USE OF GRANT FUNDS FOR CYBERSECURITY.

       Not later than 120 days after the enactment of this 
     section, the Administrator, in consultation with relevant 
     components of the Department, shall conduct a study on the 
     use of grant funds awarded pursuant to section 2003 and 
     section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 
     604 and 605), including information on the following:
       (1) The amount of grant funds invested or obligated 
     annually during fiscal years 2006 through 2016 to support 
     efforts to prepare for and respond to cybersecurity risks and 
     incidents (as such terms are defined in section 227 of such 
     Act (6 U.S.C. 148).
       (2) The degree to which grantees identify cybersecurity as 
     a capability gap in the Threat and Hazard Identification and 
     Risk Assessment carried out pursuant to the amendment made by 
     sections 601 and 602 of this title.
       (3) Obstacles and challenges related to using grant funds 
     to improve cybersecurity.
       (4) Plans for future efforts to encourage grantees to use 
     grant funds to improve cybersecurity capabilities.

                       Subtitle B--Communications

     SEC. 1631. 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. 1632. 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 (15) as 
     paragraphs (3) through (14), respectively;
       (3) in paragraph (8), as so redesignated, by striking ``, 
     in cooperation with the National Communications System,'';
       (4) in paragraph (12) by striking ``Assistant Secretary for 
     Grants and Training'' and inserting ``Administrator of the 
     Federal Emergency Management Agency'';
       (5) in paragraph (13), as so redesignated, by striking 
     ``and'' at the end;
       (6) in paragraph (14), 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:
       ``(15) administer the Government Emergency 
     Telecommunications Service (GETS) and Wireless Priority 
     Service (WPS) programs, or successor programs; and
       ``(16) 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. 1633. 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. 1634. 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. 1635. 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. 1636. PUBLIC SAFETY BROADBAND NETWORK.

       The Undersecretary of the National Protection and Programs 
     Directorate 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. 1637. 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--Medical Preparedness

     SEC. 1641. CHIEF MEDICAL OFFICER.

       Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 
     321e) 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--'';

[[Page H6090]]

       (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 (5), by inserting ``emergency medical 
     services and medical first responder stakeholders,'' after 
     ``the medical community,'';
       (E) in paragraph (6), by striking ``and'' at the end;
       (F) in paragraph (7), by striking the period and inserting 
     a semicolon; and
       (G) by adding at the end the following new paragraphs:
       ``(8) ensuring that the workforce of the Department has 
     evidence-based policy, standards, requirements, and metrics 
     for occupational health and operational medicine programs;
       ``(9) directing and maintaining a coordinated system for 
     medical support for the Department's operational activities;
       ``(10) 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; and
       ``(11) as established under section 528, 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
       (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, operations, and workforce health 
     protection.
       ``(2) Identifying and resolving component medical issues.
       ``(3) Supporting the development and alignment of medical 
     and health systems.
       ``(4) Identifying common gaps in medical and health 
     standards, policy, and guidance, and enterprise solutions to 
     bridge such gaps.''.

     SEC. 1642. MEDICAL COUNTERMEASURES PROGRAM.

       (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. 528. 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 527 the following 
     new item:

``Sec. 528. Medical countermeasures.''.

                        TITLE VII--OTHER MATTERS

     SEC. 1701. DECISION REGARDING CERTAIN EXECUTIVE MEMORANDA.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall review 
     existing Department of Homeland Security policy memoranda, 
     including memoranda approved by prior Secretaries that remain 
     in effect, to determine whether such memoranda should remain 
     in effect and, if so, whether any of such memoranda should be 
     modified.

     SEC. 1702. PERMANENT AUTHORIZATION FOR ASIA-PACIFIC ECONOMIC 
                   COOPERATION BUSINESS TRAVEL CARD PROGRAM.

       Section 2(a) of the Asia-Pacific Economic Cooperation 
     Business Travel Cards Act of 2011 (Public Law 112-54; 8 
     U.S.C. 1185 note) is amended by striking ``During the 7-year 
     period ending on September 30, 2018, the Secretary'' and 
     inserting ``The Secretary''.

     SEC. 1703. AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF 
                   INSPECTOR GENERAL.

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

     SEC. 1704. CANINE TEAMS.

       The Commissioner of U.S. Customs and Border Protection may 
     request additional canine teams when there is a justified and 
     documented shortage and such additional canine teams would be 
     effective for drug detection at the border.

     SEC. 1705. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT 
                   OF 2002.

       (a) Title I.--Section 103 of the Homeland Security Act of 
     2002 (6 U.S.C. 113), as amended by this Act, is further 
     amended as follows:
       (1) In subsection (a)(1)--
       (A) in subparagraph (E), by striking ``the Bureau of'' and 
     inserting ``United States''; and
       (B) by adding at the end the following new subparagraph:
       ``(L) An Administrator of the Transportation Security 
     Administration.''.
       (2) In subsection (d)(5), by striking ``section 708'' and 
     inserting ``section 707''.
       (b) Title II.--Title II of the Homeland Security Act of 
     2002 (6 U.S.C. 121 et seq.) is amended as follows:
       (1) In section 202 (6 U.S.C. 122)--
       (A) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``Director of Central Intelligence'' and 
     inserting ``Director of National Intelligence''; and
       (B) in subsection (d)(2), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence''.
       (2) In section 210E (6 U.S.C. 124l)--
       (A) by striking subsection (e); and
       (B) by redesignating subsection (f) as subsection (e).
       (3) In section 223(1)(B) (6 U.S.C. 143(1)(B)), by striking 
     ``and'' after the semicolon at the end.
       (4) In section 225 (6 U.S.C. 145), by striking subsections 
     (c) and (d).
       (5) In section 228A(c)(1)(C), by striking ``section 707'' 
     and inserting ``section 706''.
       (c) Title III.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended as follows:
       (1) In section 302 (6 U.S.C. 182), by striking 
     ``biological,,'' each places it appears and inserting 
     ``biological,''.
       (2) By redesignating the second section 319 (relating to 
     EMP and GMD mitigation research and development) as section 
     320.
       (d) Title IV.--Title IV of the Homeland Security Act of 
     2002 (6 U.S.C. 201 et seq.) is amended as follows:
       (1) By redesignating section 402 (6 U.S.C. 202) as section 
     401.
       (2) In section 401(4), as so redesignated, by striking 
     ``section 428'' and inserting ``section 426''.
       (3) By redesignating section 417 as section 416.

[[Page H6091]]

       (4) By redesignating section 427 (6 U.S.C. 235) as section 
     425.
       (5) In section 425, as so redesignated, by striking 
     subsection (c).
       (6) By redesignating section 428 (6 U.S.C. 236) as section 
     426.
       (7) In section 426, as so redesignated, in--
       (A) in subsection (e), by striking paragraphs (7) and (8);
       (B) by striking subsections (g) and (h); and
       (C) by redesignating subsection (i) as subsection (g).
       (8) By redesignating section 429 (6 U.S.C. 237) as section 
     427.
       (9) By redesignating section 430 (6 U.S.C. 238) as section 
     428.
       (10) By striking section 431 (6 U.S.C. 239).
       (11) By redesignating section 432 (6 U.S.C. 240) as section 
     429.
       (12) By redesignating section 433 (6 U.S.C. 241) as section 
     430.
       (13) By amending the subtitle D heading to read as follows: 
     ``U.S. Immigration and Customs Enforcement''.
       (14) By striking section 445 (6 U.S.C. 255).
       (15) By striking section 446 (6 U.S.C. 256).
       (16) In the subtitle E heading, by inserting ``United 
     States'' before ``Citizenship and Immigration Services''.
       (17) In section 452 (6 U.S.C. 272)--
       (A) by striking ``the Bureau of'' each place it appears and 
     inserting ``United States''; and
       (B) in subsection (f), in the subsection heading, by 
     striking ``Bureau of'' and inserting ``United States''.
       (18) By striking section 453 (6 U.S.C. 273).
       (19) By striking section 455 (6 U.S.C. 271 note).
       (20) By striking section 456 (6 U.S.C. 275).
       (21) By striking section 459 (6 U.S.C. 276).
       (22) By striking section 460 (6 U.S.C. 277).
       (23) By striking section 461 (6 U.S.C. 278).
       (24) By redesignating section 462 (6 U.S.C. 279) as section 
     455.
       (25) In section 455, as so redesignated, in subsection 
     (b)(2)(A), in the matter preceding clause (i)--
       (A) by striking ``the Bureau of Citizenship and Immigration 
     Services'' and inserting ``United States Citizenship and 
     Immigration Services''; and
       (B) by striking ``Assistant Secretary of the Bureau of 
     Border Security'' and inserting ``Director of U.S. 
     Immigration and Customs Enforcement''.
       (26) By striking section 472 (6 U.S.C. 292).
       (27) By striking section 473 (6 U.S.C. 293).
       (28) By striking section 474 (6 U.S.C. 294).
       (29) By redesignating section 476 (6 U.S.C. 296) as section 
     472.
       (30) In section 472, as so redesignated--
       (A) by striking ``the Bureau of Citizenship and Immigration 
     Services'' each place it appears and inserting ``United 
     States Citizenship and Immigration Services''; and
       (B) by striking ``the Bureau of Border Security'' each 
     place it appears and inserting ``U.S. Immigration and Customs 
     Enforcement''.
       (31) By striking section 477 (6 U.S.C. 297).
       (32) By redesignating section 478 (6 U.S.C. 298) as section 
     473.
       (33) In section 473, as so redesignated--
       (A) in the section heading, by inserting ``ANNUAL REPORT 
     ON'' before ``IMMIGRATION'';
       (B) by striking subsection (b); and
       (C) in subsection (a)--
       (i) by striking ``Report.--'' and all that follows through 
     ``One year'' and inserting ``Report.--One year'';
       (ii) by redesignating paragraph (2) as subsection (b) and 
     moving such subsection two ems to left; and
       (iii) in subsection (b), as so redesignated--

       (I) in the heading, by striking ``included'' and inserting 
     ``Included''; and
       (II) by redesignating subparagraphs (A) through (H) as 
     paragraphs (1) through (8), respectively, and moving such 
     paragraphs two ems to the left.

       (e) Title V.--Title V of the Homeland Security Act of 2002 
     (6 U.S.C. 311 et seq.) is amended as follows:
       (1) In section 501 (6 U.S.C. 311)--
       (A) in paragraph (8), by striking ``section 502(a)(6)'' and 
     inserting ``section 504(a)(6)'';
       (B) by redesignating paragraphs (9) through (14) as 
     paragraphs (10) through (15), respectively; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) the term `Nuclear Incident Response Team' means a 
     resource that includes--
       ``(A) those entities of the Department of Energy that 
     perform nuclear or radiological emergency support functions 
     (including accident response, search response, advisory, and 
     technical operations functions), radiation exposure functions 
     at the medical assistance facility known as the Radiation 
     Emergency Assistance Center/Training Site (REAC/TS), 
     radiological assistance functions, and related functions; and
       ``(B) those entities of the Environmental Protection Agency 
     that perform such support functions (including radiological 
     emergency response functions) and related functions.''.
       (2) By striking section 502 (6 U.S.C. 312).
       (3) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)(B)), by 
     striking ``, the National Disaster Medical System,''.
       (4) In section 506(c) (6 U.S.C. 316(c)), by striking 
     ``section 708'' each place it appears and inserting ``section 
     707''.
       (5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in the 
     matter preceding subparagraph (A), by striking ``section 
     708'' and inserting ``section 707''.
       (f) Title VI.--Section 601 of the Homeland Security Act of 
     2002 (6 U.S.C. 331) is amended by striking ``Director of 
     Central Intelligence'' each place it appears and inserting 
     ``Director of National Intelligence''.
       (g) Title VII.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) is amended as follows:
       (1) By striking section 706 (6 U.S.C. 346).
       (2) By redesignating section 707 (6 U.S.C. 347) as section 
     706.
       (3) By redesignating section 708 as section 707.
       (4) By redesignating section 709 (relating to the Office of 
     Strategy, Policy, and Plans) as section 708.
       (5) In section 708, as so redesignated, in subsection 
     (c)(3), by striking ``section 707'' and inserting ``section 
     706''.
       (h) Title VIII.--Title VIII of the Homeland Security Act of 
     2002 (6 U.S.C. 361 et seq.) is amended as follows:
       (1) By redesignating section 812 as section 811.
       (2) In section 811, as so redesignated--
       (A) by striking subsections (a) and (c); and
       (B) in subsection (b)--
       (i) by striking ``(as added by subsection (a) of this 
     section)'' each place it appears;
       (ii) by redesignating paragraphs (2) through (4) as 
     subsections (b) through (d), respectively, and by moving such 
     subsections, as so redesignated, two ems to the left;
       (iii) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively, and by 
     moving such paragraphs, as so redesignated, two ems to the 
     left; and
       (iv) by striking ``(b) Promulgation of Initial 
     Guidelines.--'' and all that follows through ``In this 
     subsection'' and inserting the following:
       ``(a) Definition.--In this section'';
       (C) in subsection (b), as so redesignated, by striking ``In 
     general'' and inserting ``In General'';
       (D) in subsection (c), as so redesignated, by striking 
     ``Minimum requirements'' and inserting ``Minimum 
     Requirements''; and
       (E) in subsection (d), as so redesignated, by striking ``No 
     lapse of authority'' and inserting ``No Lapse of Authority''.
       (3) In section 843(b)(1)(B) (6 U.S.C. 413(b)(1)(B)), by 
     striking ``as determined by'' and all that follows through 
     ``; and'' and inserting ``as determined by the Secretary; 
     and''.
       (4) By striking section 857 (6 U.S.C. 427).
       (5) By redesignating section 858 (6 U.S.C. 428) as section 
     857.
       (6) By striking section 872 (6 U.S.C. 452).
       (7) By striking section 881 (6 U.S.C. 461).
       (8) In section 892 (6 U.S.C. 482)--
       (A) in subsection (b)(7), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of National 
     Intelligence''; and
       (B) in subsection (c)(3)(D), by striking ``Director of 
     Central Intelligence'' and inserting ``Director of National 
     Intelligence''.
       (9) By striking section 893 (6 U.S.C. 483).
       (10) By redesignating section 894 (6 U.S.C. 484) as section 
     893.
       (i) Title IX.--Section 903(a) of the Homeland Security Act 
     of 2002 (6 U.S.C. 493(a)) is amended in the subsection 
     heading by striking ``Members--'' and inserting ``Members.--
     ''.
       (j) Title X.--Section 1001(c)(1) of the Homeland Security 
     Act of 2002 (6 U.S.C. 511(c)(1)) is amended by striking 
     ``Director of Central Intelligence'' and inserting ``Director 
     of National Intelligence''.
       (k) Title XV.--Title XV of the Homeland Security Act of 
     2002 (6 U.S.C. 541 et seq.) is amended as follows:
       (1) By striking section 1502 (6 U.S.C. 542).
       (2) By redesignating section 1503 (6 U.S.C. 543) as section 
     1502.
       (l) Title XVI.--Section 1611(d)(1) of the Homeland Security 
     Act of 2002 (6 U.S.C. 563(d)(1)) is amended by striking 
     ``section 707'' and inserting ``section 706''.
       (m) Title XIX.--Section 1902(b)(3) of the Homeland Security 
     Act of 2002 (6 U.S.C. 592(b)(3)) is amended--
       (1) in the paragraph heading, by striking ``Hawaiian 
     native-serving'' and inserting ``Native hawaiian-serving''; 
     and
       (2) by striking ``Hawaiian native-serving'' and inserting 
     ``Native Hawaiian-serving''.
       (n) Title XX.--Section 2021 of the Homeland Security Act of 
     2002 (6 U.S.C. 611) is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (o) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
     is amended as follows:
       (1) By striking the items relating to sections 317, 319, 
     318, and 319 and inserting the following new items:

``Sec. 317. Promoting antiterrorism through international cooperation 
              program.
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.''.

       (2) By striking the items relating to sections 401 and 402 
     and inserting the following new item:

``Sec. 401. Border, maritime, and transportation responsibilities.''.

       (3) By striking the item relating to section 417 and 
     inserting the following new item:

``Sec. 416. Allocation of resources by the Secretary.''.


[[Page H6092]]


       (4) By striking the items relating to sections 427 through 
     433 and inserting the following new items:

``Sec. 425. Coordination of information and information technology.
``Sec. 426. Visa issuance.
``Sec. 427. Information on visa denials required to be entered into 
              electronic data system.
``Sec. 428. Office for Domestic Preparedness.
``Sec. 429. Border Enforcement Security Task Force.
``Sec. 430. Prevention of international child abduction.''.

       (5) By striking the items relating to sections 445 and 446.
       (6) By amending the item relating to subtitle E of title IV 
     to read as follows:

  ``Subtitle E--United States Citizenship and Immigration Services''.

       (7) By amending the item relating to section 451 to read as 
     follows:

``Sec. 451. Establishment of United States Citizenship and Immigration 
              Services.''.

       (8) By striking the items relating to sections 455, 456, 
     459, 460, and 461 and inserting before the item relating to 
     section 457 the following new item:

``Sec. 455. Children's affairs.''.

       (9) By striking the items relating to sections 472 through 
     478 and inserting the following new items:

``Sec. 472. Separation of funding.
``Sec. 473. Annual report on immigration functions.''.

       (10) By striking the item relating to section 502.
       (11) By striking the item relating to section 524.
       (12) By striking the items relating to sections 706 through 
     709 and inserting the following new items:

``Sec. 706. Quadrennial Homeland Security Review.
``Sec. 707. Joint Task Forces.
``Sec. 708. Office of Strategy, Policy, and Plans.''.

       (13) By striking the items relating to sections 811 and 812 
     and inserting the following new item:

``Sec. 811. Law enforcement powers of Inspector General agents.''.

       (14) By striking the items relating to sections 857 and 858 
     and inserting the following new item:

``Sec. 857. Identification of new entrants into the Federal 
              marketplace.''.

       (15) By striking the item relating to section 872.
       (16) By striking the item relating to section 881.
       (17) By striking the items relating to sections 893 and 894 
     and inserting the following new item:

``Sec. 893. Authorization of appropriations.''.

       (18) By striking the items relating to sections 1502 and 
     1503 and inserting the following new item:

``Sec. 1502. Review of congressional committee structures.''.

     SEC. 1706. SAVINGS CLAUSE.

       Nothing in this Act shall be construed as providing the 
     Department of Homeland Security or any of its components, 
     agencies, or programs with real property authority, including 
     with respect to leases, construction, or other acquisitions 
     and disposals.

          DIVISION B--U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

     SEC. 2001. SHORT TITLE.

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

     SEC. 2002. ESTABLISHMENT OF U.S. IMMIGRATION AND CUSTOMS 
                   ENFORCEMENT.

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

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

       ``(a) Establishment.--There is established within the 
     Department an agency to be known as `U.S. Immigration and 
     Customs Enforcement'.
       ``(b) Director of U.S. Immigration and Customs 
     Enforcement.--There shall be at the head of U.S. Immigration 
     and Customs Enforcement a Director of U.S. Immigration and 
     Customs Enforcement (in this section referred to as the 
     `Director').
       ``(c) Duties and Qualifications.--The Director shall--
       ``(1) have a minimum five years--
       ``(A) professional experience in law enforcement (which may 
     include enforcement of the immigration laws, as defined in 
     section 101(a)(17) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(17)) or the customs and trade laws of the 
     United States, as defined in section 2 of the Trade 
     Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 
     4301)); and
       ``(B) management experience;
       ``(2) identify, arrest, detain and seek the removal of 
     inadmissible and deportable aliens and otherwise enforce the 
     immigration laws (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), 
     other than through criminal prosecutions;
       ``(3) investigate and, where appropriate, refer for 
     prosecution, any criminal or civil violation of Federal law 
     relating to or involving--
       ``(A) the immigration laws (as defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17)));
       ``(B) border control and security, including the prevention 
     of the entry or residence of terrorists, criminals, and human 
     rights violators;
       ``(C) the customs and trade laws of the United States, as 
     defined in section 2 of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (19 U.S.C. 4301);
       ``(D) the import or export of merchandise, including the 
     illicit possession, movement of, or trade in goods, services, 
     property, arms, instruments of terrorism, items controlled or 
     prohibited from export, child exploitation, intellectual 
     property, or currency or other monetary instruments;
       ``(E) bulk cash smuggling or other financial crimes with a 
     cross border or international nexus;
       ``(F) transnational gang activity;
       ``(G) chapter 40 or 44 of title 18, United States Code, or 
     other violation relating to firearms, explosives, or other 
     destructive devices involving an alien;
       ``(H) severe forms of trafficking in persons, as defined in 
     section 103 of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7102);
       ``(I) the production, procurement, counterfeiting, 
     alteration, or use of fraudulent immigration documents or 
     fraudulently obtaining immigration benefits;
       ``(J) unlawful use of personal information, including 
     immigration document fraud, when such use relates to or 
     affects border security, terrorism, customs, immigration, 
     naturalization, trade, travel, or transportation security;
       ``(K) drug laws, as specified in the Controlled Substance 
     Act and the Controlled Substance Import and Export Act in the 
     context of cross-border criminal activity; or
       ``(L) fraud or false statements relating to or involving 
     any matter specified in this paragraph.
       ``(4) administer the National Intellectual Property Rights 
     Coordination Center established in section 305 of the Trade 
     Facilitation and Trade Enforcement Act of 2015 (Public Law 
     114-125; 19 U.S.C. 4344);
       ``(5) jointly with the Commissioner of U.S. Customs and 
     Border Protection, develop and submit the joint strategic 
     plan required under section 105 of the Trade Facilitation and 
     Trade Enforcement Act of 2015 (Public Law 114-125; 19 U.S.C. 
     4314);
       ``(6) coordinate with Federal, State, local, tribal, and 
     foreign agencies in carrying out the duties described in 
     paragraphs (2) and (3);
       ``(7) in coordination with the Department of State and the 
     Office of International Affairs of the Department, establish 
     staff liaison offices and vetted units in appropriate foreign 
     countries to support the counterterrorism efforts and other 
     international activities including investigations and 
     repatriation efforts;
       ``(8) assign employees of the Department to diplomatic and 
     consular posts, in coordination with the Secretary, pursuant 
     to section 426(e);
       ``(9) establish, maintain, and administer appropriate 
     interagency law enforcement centers in furtherance of the 
     Director's statutory duties, including interagency centers, 
     in accordance with applicable law, or as prescribed by the 
     Secretary;
       ``(10) administer the Border Enforcement Security Task 
     Force established under section 429;
       ``(11) operate the Cyber Crimes Center established in 
     section 890A;
       ``(12) in carrying out paragraph (3), administer internal 
     conspiracy investigations at United States ports of entry; 
     and
       ``(13) carry out other duties and powers prescribed by law, 
     or delegated by the Secretary.
       ``(d) General Enforcement Powers.--The Director may 
     authorize agents and officers of U.S. Immigration and Customs 
     Enforcement to--
       ``(1) carry out the duties and responsibilities authorized 
     under sections 287 and 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1357 and 8 U.S.C. 1324(a)) and 
     section 589 of the Tariff Act of 1930 (19 U.S.C. 1589a);
       ``(2) offer and pay rewards for services and information 
     leading to the apprehension of persons involved in the 
     violation or attempted violation of those provisions of law 
     which United States Immigration and Customs Enforcement is 
     authorized by statute to enforce;
       ``(3) conduct undercover investigative operations pursuant 
     to section 294 of the Immigration and Nationality Act (8 
     U.S.C. 1363a), and section 3131 of the Customs Enforcement 
     Act of 1986 (19 U.S.C. 2081; enacted as part of the Anti-Drug 
     Abuse Act of 1986); and
       ``(4) carry out other duties and responsibilities provided 
     under the laws of the United States.
       ``(e) Deputy Director.--There shall be a Deputy Director of 
     United States U.S. Immigration and Customs Enforcement who 
     shall assist the Director in managing U.S. Immigration and 
     Customs Enforcement and who shall assist the Director in 
     carrying out the Directors duties.
       ``(f) Office of Homeland Security Investigations.--
       ``(1) In general.--There is established in U.S. Immigration 
     and Customs Enforcement an Office of Homeland Security 
     Investigations.
       ``(2) Executive associate director.--There shall be at the 
     head of the Office of Homeland Security Investigations an 
     Executive Associate Director, who shall report to the 
     Director.
       ``(3) Duties.--The Office of Homeland Security 
     Investigations shall--

[[Page H6093]]

       ``(A) serve as the law enforcement office of U.S. 
     Immigration and Customs Enforcement with a primary 
     responsibility to conduct investigations of terrorist 
     organizations and other criminal organizations that threaten 
     homeland or border security;
       ``(B) serve as the law enforcement office of U.S. 
     Immigration and Customs Enforcement with responsibility to 
     conduct investigations of, and, where appropriate, refer for 
     prosecution, any criminal or civil violation of Federal law, 
     including--
       ``(i) money laundering offenses with a cross-border nexus;
       ``(ii) bulk cash smuggling with a cross-border nexus;
       ``(iii) commercial fraud with a cross-border nexus and 
     intellectual property theft;
       ``(iv) cybercrimes;
       ``(v) human smuggling and human trafficking as defined in 
     section 103 of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7102) , and human rights violations as defined by 
     28 U.S.C. 509B(e);
       ``(vi) narcotics and weapons smuggling and trafficking;
       ``(vii) export violations;
       ``(viii) international art and antiquity theft;
       ``(ix) identity and benefits fraud, as those terms are 
     defined in title 8 and title 18, United States Code, relating 
     to or involving any matter specified in this subparagraph; 
     and
       ``(x) any other criminal or civil violation prescribed by 
     law or delegated by the Director;
       ``(C) administer the program to collect information 
     relating to nonimmigrant foreign students and other exchange 
     program participants described in section 641 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1372), including the Student and Exchange Visitor 
     Information System established under such section, and use 
     such information to carry out the enforcement functions of 
     United States Immigration and Customs Enforcement;
       ``(D) administer a National Export Enforcement Coordination 
     Center, which shall serve as the primary information sharing 
     forum within the Federal Government to coordinate, promote, 
     and assist Federal and international investigations of export 
     control offenses;
       ``(E) conduct investigations of alleged violations of, and 
     make arrests under, section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a), including referring for 
     prosecution, or levying monetary penalties against, an 
     employer found to be in violation of such section, and 
     administratively arresting, and initiating removal proceeding 
     against, an alien unlawfully employed;
       ``(F) administer a Human Smuggling and Trafficking Center, 
     which shall serve as the primary information sharing forum 
     within the Federal Government to coordinate, promote, and 
     assist Federal and international investigations in human 
     smuggling and trafficking investigations;
       ``(G) administer the Bulk Cash Smuggling Center, which 
     shall serve to investigate domestic and international bulk 
     cash smuggling activities and support law enforcement in 
     efforts to investigate and restrict bulk cash smuggling;
       ``(H) investigate and refer for prosecution public safety 
     matters involving (to the extent provided in subsection 
     (b)(4))--
       ``(i) large-scale operations prosecuted pursuant to chapter 
     96 (relating to racketeer influenced and corrupt 
     organizations) of title 18, United States Code; and
       ``(ii) the smuggling into, and sale within, the United 
     States of weapons; and
       ``(I) carry out other duties and powers prescribed by the 
     Director.
       ``(g) Office of Enforcement and Removal Operations.--
       ``(1) In general.--There is established in U.S. Immigration 
     and Customs Enforcement an Office of Enforcement and Removal 
     Operations.
       ``(2) Executive associate director.--There shall be at the 
     head of the Office of Enforcement and Removal Operations an 
     Executive Associate Director, who shall report to the 
     Director.
       ``(3) Duties.--The Office of Enforcement and Removal 
     Operations shall--
       ``(A) serve as the law enforcement office of U.S. 
     Immigration and Customs Enforcement with primary 
     responsibility to enforce the civil immigration and 
     nationality laws of the United States;
       ``(B) identify, locate, arrest, detain, and seek the 
     removal of aliens in custodial settings or at-large, and 
     remove aliens ordered removed, who--
       ``(i) are inadmissible or deportable under sections 
     212(a)(3) or 237(a)(4) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3) or 1227(a)(4)), or otherwise present a 
     national security risk to the United States;
       ``(ii) are inadmissible or deportable under sections 
     212(a)(2) or 237(a)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(2) or 1227(a)(2));
       ``(iii) undermine the border security efforts and 
     operations of the United States;
       ``(iv) enter the United States in violation of Federal law;
       ``(v) are unlawfully present in the United States;
       ``(vi) are members of a criminal gang or participate in 
     gang-related crimes, except as described in subsection 
     (f)(3);
       ``(vii) constitute threats to the public safety; or
       ``(viii) are otherwise subject to exclusion, deportation, 
     or removal from the United States.
       ``(C) refer for prosecution aliens described in 
     subparagraph (B) or section 922(g)(5) of title 18, United 
     States Code;
       ``(D) have custody (and the authority to release) over 
     aliens detained for potential exclusion, deportation, or 
     removal from the United States, manage the administrative 
     immigration detention operations of U.S. Immigration and 
     Customs Enforcement, and provide necessary, and appropriate 
     medical care to detained aliens in the custody of the agency;
       ``(E) plan, coordinate, and manage the execution of 
     exclusion, deportation, and removal orders issued to aliens;
       ``(F) investigate and refer for prosecution a civil or 
     criminal violation of the immigration laws or an offense 
     described in section 287(a)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(a)(5)); and
       ``(G) carry out other duties and powers as prescribed by 
     the Director.
       ``(h) Office of the Principal Legal Advisor.--
       ``(1) In general.--There is established in U.S. Immigration 
     and Customs Enforcement an Office of the Principal Legal 
     Advisor.
       ``(2) Principal legal advisor.--There shall be at the head 
     of the Office the Principal Legal Advisor a Principal Legal 
     Advisor.
       ``(3) Duties.--The office of the Principal Legal Advisor 
     shall--
       ``(A) provide specialized legal advice and policy guidance 
     to the Director;
       ``(B) represent the Department in all exclusion, 
     deportation, and removal proceedings before the Executive 
     Office for Immigration Review;
       ``(C) represent U.S. Immigration and Customs Enforcement in 
     venues and fora as authorized by the Director or General 
     Counsel of the Department of Homeland Security, or otherwise 
     permitted by law; and
       ``(D) carry out other duties and powers as prescribed by 
     the Director.
       ``(i) Office of Professional Responsibility.--
       ``(1) In general.--There is established in U.S. Immigration 
     and Customs Enforcement an Office of Professional 
     Responsibility.
       ``(2) Assistant director.--There shall be at the head of 
     the Office of Professional Responsibility an Assistant 
     Director, who shall report to the Director.
       ``(3) Duties.--The Office of Professional Responsibility 
     shall--
       ``(A) investigate allegations of administrative, civil, and 
     criminal misconduct involving any employee or contractor of 
     U.S. Immigration and Customs Enforcement;
       ``(B) inspect and review United States Immigration and 
     Customs Enforcement's offices, operations, and processes, 
     including detention facilities operated or used by U.S. 
     Immigration and Customs Enforcement, and provide an 
     independent review of United States Immigration and Custom 
     Enforcement's organizational health, effectiveness, and 
     efficiency of mission;
       ``(C) provide and manage the security programs and 
     operations for U.S. Immigration and Customs Enforcement; and
       ``(D) carry out other duties and powers as prescribed by 
     the Director.
       ``(j) Office of Management and Administration.--
       ``(1) In general.--There is established in U.S. Immigration 
     and Customs Enforcement an Office of Management and 
     Administration.
       ``(2) Executive associate director.--There shall be at the 
     head of the Office of Management and Administration an 
     Executive Associate Director, who shall report to the 
     Director.
       ``(3) Duties.--The Office of Management and Administration 
     shall--
       ``(A) administer the Office of Human Capital to provide 
     guidance to the agency and ensure compliance with human 
     resources policies and practices;
       ``(B) administer the Office of Chief Financial Officer;
       ``(C) administer the Office of Policy to develop and 
     communicate the agency policies and priorities;
       ``(D) create best practices to efficiently respond to all 
     Freedom of Information Act requests received by the agency;
       ``(E) manage all information technology systems within the 
     agency; and
       ``(F) carry out additional duties as assigned or delegated 
     by the Director.
       ``(k) Departmental Evidence Databases.--Notwithstanding any 
     other provision of this Act, any officer within the Office of 
     Enforcement and Removal Operations engaged in the duties of 
     that office under subsection (f)(3)(C) or (f)(3)(F) shall be 
     provided access, in connection to such duties, to databases 
     necessary for the proper collection, recordation, and 
     retention of any evidence collected.
       ``(l) Other Authorities.--
       ``(1) In general.--The Secretary may establish such other 
     Executive Associate Directors, or other similar positions or 
     officials, as the secretary determines necessary to carry out 
     the missions, duties, functions, and authorities of U.S. 
     Immigration and Customs Enforcement.
       ``(2) Notification.--If the Secretary exercises the 
     authority provided pursuant to paragraph (1), the Secretary 
     shall notify the Committee on the Judiciary and the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on the Judiciary and the Committee on Homeland

[[Page H6094]]

     Security and Governmental Affairs of the Senate not later 
     than 30 days before exercising such authority.
       ``(m) Other Federal Agencies.--Nothing in this section may 
     be construed as affecting or limiting in any manner the 
     authority, as in existence on the day before the date of the 
     enactment of this section, of any other Federal agency or 
     other component of the Department.''.
       (b) Special Rules.--
       (1) Treatment.--Section 442 of the Homeland Security Act of 
     2002, as amended by subsection (a) of this section, shall be 
     treated as if included in such Act as of the date of the 
     enactment of such Act. In addition to the functions, 
     missions, duties, and authorities specified in such amended 
     section 442, U.S. Immigration and Customs Enforcement shall 
     continue to perform and carry out the functions, missions, 
     duties, and authorities under section 442 of such Act as in 
     existence on the day before such date of enactment 
     (notwithstanding the treatment described in this paragraph).
       (2) Rules of construction.--
       (A) Rules and regulations.--Notwithstanding the treatment 
     described in paragraph (1), nothing in this division may be 
     construed as affecting in any manner any rule or regulation 
     issued or promulgated pursuant to any provision of law, 
     including section 442 of the Homeland Security Act of 2002, 
     as in existence on the day before the date of the enactment 
     of this division, and any such rule or regulation shall 
     continue to have full force and effect on and after such 
     date.
       (B) Other actions.--Notwithstanding the treatment described 
     in paragraph (1), nothing in this division may be construed 
     as affecting in any manner any action, determination, policy, 
     or decision pursuant to section 442 of the Homeland Security 
     Act of 2002 as in existence on the day before the date of the 
     enactment of this division, and any such action, 
     determination, policy, or decision shall continue to have 
     full force and effect on and after such date.
       (c) Continuation in Office.--
       (1) Director.--The individual serving as the Director of 
     U.S. Immigration and Customs Enforcement on the day before 
     the date of the enactment of this division (notwithstanding 
     the treatment described in subsection (b)(1)) may serve as 
     the Director of U.S. Immigration and Customs Enforcement in 
     accordance with section 442 of the Homeland Security Act of 
     2002, as amended by subsection (a), until the earlier of--
       (A) the date on which such individual is no longer eligible 
     to serve as Director; or
       (B) the date on which a person nominated by the President 
     to be the Director is confirmed by the Senate in accordance 
     with such section 441.
       (2) Other positions.--The individuals serving as the Deputy 
     Director, Executive Associate Directors, Deputy Executive 
     Associate Directors, or similar officers or officials of U.S. 
     Immigration and Customs Enforcement under section 442 of the 
     Homeland Security Act of 2002 on the day before the date of 
     the enactment of this division (notwithstanding the treatment 
     described in subsection (b)(1)) may serve as the appropriate 
     Deputy Director, Executive Associate Directors, Deputy 
     Executive Associate Directors, Associate Directors, Deputy 
     Associate Directors, Assistant Directors, and other officers 
     and officials under section 442 of such Act, as amended by 
     subsection (a), unless the Director of U.S. Immigration and 
     Customs Enforcement determines that another individual should 
     hold such position.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     striking the item relating to section 442 and inserting the 
     following:

``Sec. 442. Establishment of U.S. Immigration and Customs 
              Enforcement.''.

       (d) Transportation.--Section 1344(b)(6) of title 31, United 
     States Code, is amended by inserting ``the Director of U.S. 
     Immigration and Customs Enforcement, the Commissioner of U.S. 
     Customs and Border Protection,'' after ``the Administrator of 
     the Drug Enforcement Administration,''.
       (e) Rule of Construction.--Nothing in this Act or the 
     amendments made by this Act may be construed as creating any 
     new ground for removal under the immigration laws (as such 
     term is defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17))).
       (f) Sense of Congress.--It is the sense of Congress that a 
     primary mission of U.S. Immigration and Customs Enforcement 
     is to enforce the full range of immigration laws within the 
     interior of the United States.
       (g) Conforming Amendments.--
       (1) Title 5.--Section 5314 of title 5, United States Code, 
     is amended by inserting after ``Director of the Bureau of 
     Citizenship and Immigration Services.'' the following new 
     item: ``Director of U.S. Immigration and Customs 
     Enforcement.''.
       (2) Inspector general act of 1978.--Section 8I(e) of the 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended by 
     striking ``the Bureau of Border Security,'' and inserting 
     ``United States Immigration and Customs Enforcement,''.
       (3) Trade facilitation and trade enforcement act of 2015.--
     Paragraph (2) of section 802(d) of the Trade Facilitation and 
     Trade Enforcement Act of 2015 (Public Law 114-125) is amended 
     by inserting before the period at the end of the following: 
     ``or the Director of U.S. Immigration and Customs 
     Enforcement, as determined by the Secretary of Homeland 
     Security''.
       (4) Homeland security act of 2002.--Title IV of the 
     Homeland Security Act of 2002 is amended--
       (A) in subtitle C--
       (i) in subsection (e) of section 426 (as redesignated in 
     section 1705 of this Act), by adding at the end the following 
     new paragraph:
       ``(9) Delegated authority.--For purposes of this 
     subsection, the Secretary shall act through the Director of 
     U.S. Immigration and Customs Enforcement.''; and
       (ii) in section 429 (as redesignated in section 1705 of 
     this Act)--

       (I) by redesignating subsection (e) as subsection (f); and
       (II) by inserting after subsection (d) the following new 
     subsection:

       ``(e) Administration.--The Director of U.S. Immigration and 
     Customs Enforcement shall administer BEST units established 
     under this section.''; and
       (B) in subtitle E, in subsection (a)(2)(C) of section 451 
     (6 U.S.C. 271), by striking ``at the same level as the 
     Assistant Secretary of the Bureau of Border Security'' and 
     inserting ``in accordance with section 5314 of title 5, 
     United States Code''; and
       (h) Clerical Amendments.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     subtitle D of title IV and inserting the following new item:

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

     DIVISION C--UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. ESTABLISHMENT OF UNITED STATES CITIZENSHIP AND 
                   IMMIGRATION SERVICES.

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

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

       ``(a) Establishment.--There is established within the 
     Department an agency to be known as `United States 
     Citizenship and Immigration Services'.
       ``(b) Director of United States Citizenship and Immigration 
     Services.--There shall be at the head of United States 
     Citizenship and Immigration Services a Director of United 
     States Citizenship and Immigration Services (in this section 
     referred to as the `Director').
       ``(c) Qualifications and Duties.--The Director shall--
       ``(1) have at least 5 years of management experience;
       ``(2) establish the policies and priorities of United 
     States Citizenship and Immigration Services;
       ``(3) advise the Secretary of any policy or operation that 
     affects, in a significant manner, the mission of another 
     Department component;
       ``(4) meet regularly with the U.S. Citizenship and 
     Immigration Services Ombudsman (established in section 452).
       ``(5) carry out--
       ``(A) the adjudication of immigrant and nonimmigrant visa 
     applications and petitions;
       ``(B) the adjudication of naturalization applications;
       ``(C) the adjudication of asylum and refugee applications;
       ``(D) adjudications performed at service centers; and
       ``(E) all other adjudications formerly performed pursuant 
     to this section by the Immigration and Naturalization Service 
     or the Bureau of Citizenship and Immigration Services, on the 
     day before the date of the enactment of the United States 
     Citizenship and Immigration Services Authorization Act; and
       ``(6) carry out other duties and powers prescribed by law 
     or delegated by the Secretary.
       ``(d) Deputy Director.--There shall be a Deputy Director of 
     United States Citizenship and Immigration Services who shall 
     assist the Director in managing United States Citizenship and 
     Immigration Services and who shall assist the Director in 
     carrying out the Directors duties.
       ``(e) Office of the Chief Counsel.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services an Office of the 
     Chief Counsel.
       ``(2) Chief counsel.--There shall be at the head of the 
     Office of the Chief Counsel a Chief Counsel.
       ``(3) Duties.--The Office of the Chief Counsel shall--
       ``(A) provide specialized legal advice, opinions, 
     determinations, and other assistance to the Director with 
     respect to legal matters affecting United States Citizenship 
     and Immigration Services;
       ``(B) represent United States Citizenship and Immigration 
     Services in visa petition appeal proceedings when applicable; 
     and
       ``(C) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(f) Office of Policy and Strategy.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services an Office of 
     Policy and Strategy.
       ``(2) Chief.--There shall be at the head of the Office of 
     Policy and Strategy a Chief.

[[Page H6095]]

       ``(3) Duties.--The Office of Policy and Strategy shall--
       ``(A) develop policy recommendations for the Director;
       ``(B) coordinate strategy for policy implementation; and
       ``(C) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(g) Office of Citizenship.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services an Office of 
     Citizenship.
       ``(2) Chief.--There shall be at the head of the Office of 
     Citizenship a Chief.
       ``(3) Duties.--The Office of Citizenship shall--
       ``(A) promote instruction and training on citizenship 
     responsibilities, as well as assimilation and civic 
     integration, for eligible aliens who are interested in 
     becoming naturalized citizens of the United States; and
       ``(B) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(h) Fraud Detection and National Security Directorate.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services a Fraud Detection 
     and National Security Directorate.
       ``(2) Associate director.--There shall be at the head of 
     the Fraud Detection and National Security Directorate an 
     Associate Director who shall report to the Director.
       ``(3) Duties.--The Fraud Detection and National Security 
     Directorate Office of Citizenship shall in a manner that is 
     consistent with the immigration laws (as such term is defined 
     in section 101(a)(17) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(17)))--
       ``(A) seek to prevent immigration benefits from being 
     granted to individuals who pose a threat to national security 
     or public safety;
       ``(B) seek to prevent immigration benefits from being 
     granted to individuals who defraud the immigration system;
       ``(C) conduct security and background investigations of 
     applicants for immigration benefits and develop systems and 
     techniques for identifying and preventing immigration 
     benefits fraud;
       ``(D) investigate and refer to U.S. Immigration and Customs 
     Enforcement, where appropriate, incidents of known or 
     suspected fraud; and
       ``(E) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(i) Immigration Records and Identity Services 
     Directorate.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services an Immigration 
     Records and Identity Services Directorate.
       ``(2) Associate director.--There shall be at the head of 
     the Immigration Records and Identity Services Directorate an 
     Associate Director who shall report to the Director.
       ``(3) Duties.--The Immigration Records and Identity 
     Services Directorate shall--
       ``(A) manage the operation of an employment eligibility 
     verification system as provided for by section 404 of the 
     Illegal Immigration and Immigrant Responsibility Act of 1996 
     (U.S.C. 1324a note) or any successor provision;
       ``(B) manage the operation of the Systematic Alien 
     Verification for Entitlements Program, or its successor 
     program, designed to assist Federal, State, and local 
     benefit-issuing agencies, institutions, and licensing 
     agencies in determining the immigration status of benefit 
     applicants so only those legally entitled to benefits receive 
     them;
       ``(C) manage the biometric services, including the 
     collection and dissemination of biometric information, 
     provided to United States Citizenship and Immigration 
     Services components;
       ``(D) manage immigration records and provide information 
     regarding such records to stakeholders; and
       ``(E) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(j) Field Operations Directorate.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services a Field 
     Operations Directorate.
       ``(2) Associate director.--There shall be at the head of 
     the Field Operations Directorate an Associate Director who 
     shall report to the Director.
       ``(3) Duties.--The Field Operations Directorate shall--
       ``(A) oversee all field offices;
       ``(B) oversee the adjudication of immigration benefits 
     applications and petitions, and naturalization applications;
       ``(C) conduct interviews for pending immigration benefits 
     applications and petitions;
       ``(D) conduct naturalization ceremonies;
       ``(E) conduct required security and background security 
     checks for pending applications and petitions;
       ``(F) ensure the integrity of immigration benefit 
     processing that occurs at the field offices; and
       ``(G) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(k) Refugee, Asylum, and International Operations 
     Directorate.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services a Refugee, 
     Asylum, and International Operations Directorate.
       ``(2) Associate director.--There shall be at the head of 
     the Refugee, Asylum, and International Operations Directorate 
     an Associate Director who shall report to the Director.
       ``(3) Duties.--The Refugee, Asylum, and International 
     Operations Directorate shall--
       ``(A) oversee refugee application adjudication and 
     interviews;
       ``(B) oversee asylum application adjudication and 
     interviews;
       ``(C) seek to ensure the integrity of application 
     processing that occurs under the Refugee, Asylum and 
     International Operations Directorate's authority;
       ``(D) perform other authorized functions of United States 
     Citizenship and Immigration Services outside of the United 
     States, such as those associated with international adoptions 
     and naturalization of members the Armed Forces; and
       ``(E) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(l) Service Center Operations Directorate.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services a Service Center 
     Operations Directorate.
       ``(2) Associate director.--There shall be at the head of 
     the Service Center Operations Directorate an Associate 
     Director who shall report to the Director.
       ``(3) Duties.--The Service Center Operations Directorate 
     shall--
       ``(A) oversee and manage all Service Centers;
       ``(B) oversee the adjudication of immigration benefit 
     applications and petitions that occur at Service Centers;
       ``(C) seek to ensure the integrity of immigration benefits 
     processing that occurs at the Service Centers; and
       ``(D) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(m) Management Directorate.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services a Management 
     Directorate.
       ``(2) Associate director.--There shall be at the head of 
     the Management Directorate an Associate Director who shall 
     report to the Director.
       ``(3) Duties.--The Management Directorate shall carry out 
     management duties and powers prescribed by law or delegated 
     by the Director.
       ``(n) Office of Professional Responsibility.--
       ``(1) In general.--There is established within United 
     States Citizenship and Immigration Services an Office of 
     Professional Responsibility.
       ``(2) Chief.--There shall be at the head of the Office of 
     Professional Responsibility a Chief who shall report to the 
     Director.
       ``(3) Duties.--The Office of Professional Responsibility 
     shall--
       ``(A) seek to ensure compliance with all United States 
     Citizenship and Immigration Services programs and policies 
     relating to corruption, misconduct, or mismanagement;
       ``(B) investigate allegations of administrative, civil, and 
     criminal misconduct involving any employee or contractor of 
     United States Citizenship and Immigration Services; and
       ``(C) carry out other duties and powers prescribed by law 
     or delegated by the Director.
       ``(o) Other Authorities.--
       ``(1) In general.--The Secretary may establish such other 
     Associate Directors, or other similar positions or officials, 
     as the Secretary determines necessary to carry out the 
     missions, duties, functions, and authorities of United States 
     Citizenship and Immigration Services.
       ``(2) Notification.--If the Secretary exercises the 
     authority provided pursuant to paragraph (1), the Secretary 
     shall notify the Committee on the Judiciary and the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on the Judiciary and the Committee on Homeland 
     Security and Governmental Affairs of the Senate not later 
     than 30 days prior to the exercise of such authority.''.
       (b) Special Rules.--
       (1) Treatment.--Section 451 of the Homeland Security Act of 
     2002 (6 U.S.C. 271), as amended by subsection (a) of this 
     section, shall be treated as if included in such Act as of 
     the date of the enactment of such Act. In addition to the 
     functions, missions, duties, and authorities specified in 
     such amended section 451, United States Citizenship and 
     Immigration Services shall continue to perform and carry out 
     the functions, missions, duties, and authorities under 
     section 451 of such Act as in existence on the day before 
     such date of enactment (notwithstanding the treatment 
     described in this paragraph).
       (2) Rules of construction.--
       (A) Rules and regulations.--Notwithstanding the treatment 
     described in paragraph (1), nothing in this division may be 
     construed as affecting in any manner any rule or regulation 
     issued or promulgated pursuant to any provision of law, 
     including section 451 of the Homeland Security Act of 2002 (6 
     U.S.C. 271), as in existence on the day before the date of 
     the enactment of this division, and any such rule or 
     regulation shall continue to have full force and effect on 
     and after such date.
       (B) Other actions.--Notwithstanding the treatment described 
     in paragraph (1), nothing in this division may be construed 
     as affecting in any manner any action, determination, policy, 
     or decision pursuant to section 451 of the Homeland Security 
     Act of 2002 (6 U.S.C. 271) as in existence on the day before 
     the date of the enactment of this division, and any such 
     action, determination, policy, or decision shall continue to 
     have full force and effect on and after such date.
       (c) Continuation in Office.--
       (1) Director.--The individual serving as Director of United 
     States Citizenship and

[[Page H6096]]

     Immigration Services on the day before the date of the 
     enactment of this division may, notwithstanding the treatment 
     provision under paragraph (1) of subsection (b), continue to 
     serve as the Director of United States Citizenship and 
     Immigration Services on and after such date of enactment in 
     accordance with section 451 of the Homeland Security Act of 
     2002 (6 U.S.C. 271), as amended by subsection (a) of this 
     section, until the earlier of--
       (A) the date on which such individual is no longer eligible 
     to serve as Director; or
       (B) the date on which a person nominated by the President 
     to be the Director is confirmed by the Senate in accordance 
     with such amended section 451.
       (2) Other positions.--The individuals serving as Chiefs, 
     Associate Directors and other officers and officials under 
     section 451 of the Homeland Security Act of 2002 (6 U.S.C. 
     271) on the day before the date of the enactment of this 
     division may, notwithstanding the treatment provision under 
     paragraph (1) of subsection (b), serve as the appropriate 
     Chiefs, Assistant Directors and other officers and officials 
     under such section 451 as amended by subsection (a) of this 
     section unless the Director of United States Citizenship and 
     Immigration Services determines that another individual 
     should hold such position.
       (d) References.--
       (1) Title 5.--Section 5314 of title 5, United States Code, 
     is amended by striking ``Director of the Bureau of 
     Citizenship and Immigration Services'' and inserting 
     ``Director of United States Citizenship and Immigration 
     Services, Department of Homeland Security''.
       (2) Other references.--On and after the date of the 
     enactment of this division, any reference in any other 
     Federal law, Executive order, rule, regulation, or delegation 
     of authority to the ``Director of the Bureau of Citizenship 
     and Immigration Services'' or the ``Bureau of Citizenship and 
     Immigration Services'' shall be deemed to be a reference to 
     the Director of United States Citizenship and Immigration 
     Services or United States Citizenship and Immigration 
     Services, respectively.
       (e) Employee Discipline.--Section 454 of the Homeland 
     Security Act of 2002 is amended to read as follows:

     ``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.''.
       (f) Combination Prohibition.--
       (1) In general.--Section 471 of the Homeland Security Act 
     of 2002 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.''.

                DIVISION D--UNITED STATES SECRET SERVICE

     SEC. 4001. SHORT TITLE.

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

     SEC. 4002. PRESIDENTIAL APPOINTMENT OF DIRECTOR OF THE SECRET 
                   SERVICE.

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

     SEC. 4003. RESTRICTED BUILDING OR GROUNDS.

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

     SEC. 4004. THREATS AGAINST FORMER VICE PRESIDENTS.

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

     SEC. 4005. INCREASED TRAINING.

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

     SEC. 4006. TRAINING FACILITIES.

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

     SEC. 4007. EVALUATION OF VULNERABILITIES AND THREATS.

       (a) In General.--The Director of the Secret Service shall 
     devise and adopt improved procedures for evaluating 
     vulnerabilities in the security of the White House and 
     threats to persons protected by the Secret Service, including 
     threats posed by unmanned aerial systems or explosive 
     devices.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Secret Service 
     shall report on the implementation of subsection (a) to--
       (1) the Committee on the Judiciary of the House of 
     Representatives;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Homeland Security of the House of 
     Representatives;
       (4) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (5) the Committee on Oversight and Government Reform of the 
     House of Representatives.

     SEC. 4008. EVALUATION OF USE OF TECHNOLOGY.

       (a) In General.--The Director of the Secret Service, in 
     consultation with the Under Secretary for Science and 
     Technology of the Department of Homeland Security, and other 
     experts, shall devise and adopt improved procedures for--
       (1) evaluating the ways in which technology may be used to 
     improve the security of the White House and the response to 
     threats to persons protected by the Secret Service; and
       (2) retaining evidence pertaining to the duties referred to 
     in paragraph (1) for an extended period of time.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Secret Service 
     shall report on the implementation of subsection (a) to--
       (1) the Committee on the Judiciary of the House of 
     Representatives;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Homeland Security of the House of 
     Representatives;
       (4) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (5) the Committee on Oversight and Government Reform of the 
     House of Representatives.

     SEC. 4009. EVALUATION OF USE OF ADDITIONAL WEAPONRY.

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

     SEC. 4010. SECURITY COSTS FOR SECONDARY RESIDENCES.

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

     ``SEC. 4. NOTIFICATION REGARDING EXPENDITURES ON NON-
                   GOVERNMENTAL PROPERTIES.

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

     SEC. 4011. ESTABLISHMENT OF ETHICS PROGRAM OFFICE.

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

     SEC. 4012. SECRET SERVICE PROTECTION AT POLLING PLACES.

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

[[Page H6097]]

  


     SEC. 4013. SENSE OF CONGRESS.

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

                        DIVISION E--COAST GUARD

     SEC. 5001. SHORT TITLE.

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

                        TITLE I--AUTHORIZATIONS

     SEC. 5101. AUTHORIZATIONS OF APPROPRIATIONS.

       Section 2702 of title 14, United States Code, is amended:
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal years 2016 and 2017'' and inserting ``fiscal years 
     2018 and 2019'';
       (2) in paragraph (1), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $7,263,698,328 for fiscal year 2018; and
       ``(B) $7,452,554,484 for fiscal year 2019.'';
       (3) in paragraph (2), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $1,945,000,000 for fiscal year 2018; and
       ``(B) $1,945,000,000 for fiscal year 2019.'';
       (4) in paragraph (3), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $134,237,000 for fiscal year 2018; and
       ``(B) $134,237,000 for fiscal year 2019.'';
       (5) in paragraph (4), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $16,701,000 for fiscal year 2018; and
       ``(B) $16,701,000 for fiscal year 2019.''; and
       (6) in paragraph (5), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) $37,263,294 for fiscal year 2018; and
       ``(B) $38,232,140 for fiscal year 2019.''.

     SEC. 5102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       Section 2704 of title 14, United States Code, is amended--
       (1) in subsection (a), by striking ``for each of fiscal 
     years 2016 and 2017'' and inserting ``for fiscal year 2018 
     and an end-of-year strength for such personnel of 44,500 for 
     fiscal year 2019''; and
       (2) in subsection (b), by striking ``fiscal years 2016 and 
     2017'' and inserting ``fiscal years 2018 and 2019''.

                         TITLE II--COAST GUARD

     SEC. 5201. TRAINING; PUBLIC SAFETY PERSONNEL.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 155. Training; public safety personnel

       ``(a) In General.--The Commandant may, on a reimbursable or 
     a non-reimbursable basis, make training available to public 
     safety personnel whenever the Commandant determines that--
       ``(1) a member of the Coast Guard, who is scheduled to 
     participate in such training, is unable or unavailable to 
     participate in such training;
       ``(2) no other member of the Coast Guard, who is assigned 
     to the unit to which the member of the Coast Guard who is 
     unable or unavailable to participate in such training is 
     assigned, is able or available to participate in such 
     training; and
       ``(3) such training, if made available to such public 
     safety personnel, would further the goal of interoperability 
     among Federal agencies, non-Federal governmental agencies, or 
     both.
       ``(b) Definition.--For the purposes of this section, the 
     term `public safety personnel' includes any Federal, State 
     (or political subdivision thereof), territorial, or tribal 
     law enforcement officer, firefighter, or emergency response 
     provider.
       ``(c) Treatment of Reimbursement.--Any reimbursements for 
     training that the Coast Guard receives under this section 
     shall be credited to the appropriation used to pay the costs 
     for such training.
       ``(d) Status of Trained Personnel; Limitation on 
     Liability.--
       ``(1) Status.--Any public safety personnel to whom training 
     is made available under this section who is not otherwise a 
     Federal employee shall not, because of that training, be 
     considered a Federal employee for any purpose (including the 
     purposes of chapter 81 of title 5 (relating to compensation 
     for injury)) and sections 2671 through 2680 of title 28 
     (relating to tort claims).
       ``(2) Limitation on liability.--The United States shall not 
     be liable for actions taken by such personnel in the course 
     of training made available under this section.''.
       (b) Clerical Amendment.--The analysis for chapter 7 of such 
     title is amended by inserting at the end the following:

``155. Training; public safety personnel.''.

     SEC. 5202. COMMISSIONED SERVICE RETIREMENT.

       For Coast Guard officers who retire in fiscal year 2017 or 
     2018, the President may reduce the period of active 
     commissioned service required under section 291 of title 14, 
     United States Code, to a period of not less than eight years.

     SEC. 5203. OFFICER PROMOTION ZONES.

       Section 256(a) of title 14, United States Code, is amended 
     by striking ``six-tenths.'' and inserting ``one-half.''.

     SEC. 5204. CROSS REFERENCE.

       Section 373(a) of title 14, United States Code, is amended 
     by inserting ``designated under section 371'' after 
     ``cadet''.

     SEC. 5205. REPEAL.

       Section 482 of title 14, United States Code, and the item 
     relating to that section in the analysis for chapter 13 of 
     that title, are repealed.

     SEC. 5206. UNMANNED AIRCRAFT SYSTEM.

       (a) In General.--Chapter 3 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 61. Unmanned aircraft system

       ``(a) In General.--Subject to the availability of 
     appropriations and to subsection (b), the Secretary of the 
     department in which the Coast Guard is operating shall 
     establish a land-based unmanned aircraft system program under 
     the control of the Commandant of the Coast Guard.
       ``(b) Limitations.--
       ``(1) In general.--During any fiscal year for which funds 
     are appropriated for the design or construction of the 
     Offshore Patrol Cutter, the Commandant--
       ``(A) may not award a contract for design of an unmanned 
     aircraft system for use by the Coast Guard; and
       ``(B) may acquire an unmanned aircraft system only if such 
     a system--
       ``(i) has been part of a program of record, procured by, or 
     used by, the Department of Defense or the Department of 
     Homeland Security, or a component thereof, before the date on 
     which the Commandant acquires the system; and
       ``(ii) is acquired by the Commandant through an agreement 
     with such a department or component, unless the unmanned 
     aircraft system can be obtained at less cost through 
     independent contract action.
       ``(2) Limitations on application.--
       ``(A) Small unmanned aircraft.--Paragraph (1)(B) does not 
     apply to small unmanned aircraft.
       ``(B) Previously funded systems.--Subsection (b) does not 
     apply to the design or acquisition of an unmanned aircraft 
     system for which funds for research, development, test, and 
     evaluation have been received from the Department of Defense 
     or the Department of Homeland Security.
       ``(c) Definitions.--In this section each of the terms 
     `small unmanned aircraft' and `unmanned aircraft system' has 
     the meaning that term has in section 331 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 40101 
     note).''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end the following:

``61. Unmanned aircraft system.''.

       (c) Conforming Amendment.--Subsection (c) of section 564 of 
     title 14, United States Code, is repealed.

     SEC. 5207. COAST GUARD HEALTH-CARE PROFESSIONALS; LICENSURE 
                   PORTABILITY.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 104. Coast Guard health-care professionals; licensure 
       portability

       ``(a) Notwithstanding any law regarding the licensure of 
     health-care providers, a health-care professional described 
     in subsection (b) may practice the health profession or 
     professions of the health-care professional at any location 
     in any State, the District of Columbia, or a Commonwealth, 
     territory, or possession of the United States, regardless of 
     where such health-care professional or the patient are 
     located, if the practice is within the scope of the 
     authorized Federal duties of such health-care professional.
       ``(b) A health-care professional described in this 
     subsection is an individual--
       ``(1) who is--
       ``(A) a member of the Coast Guard;
       ``(B) a civilian employee of the Coast Guard;
       ``(C) a member of the Public Health Service who is assigned 
     to the Coast Guard;
       ``(D) a personal services contractor under section 1091 of 
     title 10; or
       ``(E) any other health-care professional credentialed and 
     privileged at a Federal health-care institution or location 
     specially designated by the Secretary; and
       ``(2) who--
       ``(A) has a current license to practice medicine, 
     osteopathic medicine, dentistry, or another health 
     profession; and
       ``(B) is performing authorized duties for the Coast Guard.
       ``(c) In this section each of the terms `license' and 
     `health-care professional' has the meaning that term has in 
     section 1094(e) of title 10.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``104. Coast Guard health-care professionals; licensure portability.''.

     SEC. 5208. INCENTIVE CONTRACTS FOR COAST GUARD YARD AND 
                   INDUSTRIAL ESTABLISHMENTS.

       Section 648 of title 14, United States Code, is amended--
       (1) by inserting before the text the following: ``(a) In 
     General.--'';
       (2) in subsection (a), as designated by the amendment made 
     by paragraph (1) of this section, by striking the period at 
     the end of the last sentence and inserting ``or in accordance 
     with subsection (b).''; and
       (3) by adding at the end the following:

[[Page H6098]]

       ``(b) Incentive Contracts.--
       ``(1) The parties to an order for industrial work to be 
     performed by the Coast Guard Yard or a Coast Guard industrial 
     establishment designated under subsection (a) may enter into 
     an order or a cost-plus-incentive-fee order in accordance 
     with this subsection.
       ``(2) If such parties enter into such an order or a cost-
     plus-incentive-fee order, an agreed-upon amount of any 
     adjustment described in subsection (a) may be distributed as 
     an incentive to the wage-grade industrial employees who 
     complete the order.
       ``(3) Before entering into such an order or cost-plus-
     incentive-fee order such parties must agree that the wage-
     grade employees of the Coast Guard Yard or Coast Guard 
     industrial establishment will take action to improve the 
     delivery schedule or technical performance agreed to in the 
     order for industrial work to which such parties initially 
     agreed.
       ``(4) Notwithstanding any other provision of law, if the 
     industrial workforce of the Coast Guard Yard or such Coast 
     Guard industrial establishment satisfies the performance 
     target established in such an order or cost-plus-incentive-
     fee order--
       ``(A) the adjustment to be made pursuant to this subsection 
     shall be reduced by such agreed-upon amount and distributed 
     to such wage-grade industrial employees; and
       ``(B) the remainder of the adjustment shall be credited to 
     the appropriation for such order current at that time.''.

     SEC. 5209. MAINTAINING CUTTERS IN CLASS.

       Section 573(c)(3)(A) of title 14, United States Code, is 
     amended--
       (1) by striking ``(A) In general.--''; and
       (2) by inserting ``and shall maintain such cutter in 
     class'' before the period at the end.

     SEC. 5210. CONGRESSIONAL AFFAIRS; DIRECTOR.

       (a) In General.--Chapter 3 of title 14, United States Code, 
     as amended by section 206 of this Act, is further amended by 
     adding at the end the following:

     ``Sec. 62. Congressional affairs; director

       ``The Commandant shall appoint a Director of Congressional 
     Affairs from among officers of the Coast Guard who are in a 
     grade above captain.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``62. Congressional Affairs; Director.''.

     SEC. 5211. CONTRACTING FOR MAJOR ACQUISITIONS PROGRAMS.

       (a) In General.--Subchapter II of chapter 15 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 580. Contracting for major acquisitions programs

       ``(a) In General.--The Commandant of the Coast Guard , or 
     the head of an integrated program office established for 
     major acquisitions, may enter into contracts for major 
     acquisition programs.
       ``(b) Authorized Methods.--Such contracts--
       ``(1) may be block buy contracts;
       ``(2) may be incrementally funded;
       ``(3) may include combined purchases, also known as 
     economic order quantity purchases, of--
       ``(A) materials and components; and
       ``(B) long lead time materials; and
       ``(4) may be multiyear contracts that comply with section 
     2306b of title 10.
       ``(c) Subject to Appropriations.--Any contract entered into 
     under subsection (a) shall provide that any obligation of the 
     United States to make a payment under the contract is subject 
     to the availability of amounts specifically provided in 
     advance for that purpose in subsequent appropriations 
     Acts.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end of the items 
     relating to such subchapter the following:

``580. Contracting for major acquisitions programs.''.

       (c) Conforming Amendments.--The following provisions are 
     repealed:
       (1) Section 223 of Public Law 113-281 (14 U.S.C. 577 note), 
     and the item relating to that section in the table of 
     contents in section 2 of such Act.
       (2) Section 221(a) of Public Law 112-213 (14 U.S.C. 573 
     note).
       (3) Section 207(a) of Public Law 114-120 (14 U.S.C. 87 
     note).

     SEC. 5212. NATIONAL SECURITY CUTTER.

       (a) Standard Method for Tracking.--The Commandant of the 
     Coast Guard may not certify an eighth National Security 
     Cutter as Ready for Operations before the date on which the 
     Commandant provides to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate--
       (1) a notification of a new standard method for tracking 
     operational employment of Coast Guard major cutters that does 
     not include time during which such a cutter is away from its 
     homeport for maintenance or repair; and
       (2) a report analyzing cost and performance for different 
     approaches to achieving varied levels of operational 
     employment using the standard method required by paragraph 
     (1) that, at a minimum--
       (A) compares over a 30-year period the average annualized 
     baseline cost and performances for a certified National 
     Security Cutter that operated for 185 days away from homeport 
     or an equivalent alternative measure of operational tempo--
       (i) against the cost of a 15 percent increase in days away 
     from homeport or an equivalent alternative measure of 
     operational tempo for a National Security Cutter; and
       (ii) against the cost of the acquisition and operation of 
     an additional National Security Cutter; and
       (B) examines the optimal level of operational employment of 
     National Security Cutters to balance National Security Cutter 
     cost and mission performance.
       (b) Conforming Amendments.--
       (1) Section 221(b) of the Coast Guard and Maritime 
     Transportation Act of 2012 (14 U.S.C. 573 note) is repealed.
       (2) Section 204(c)(1) of the Coast Guard Authorization Act 
     of 2016 (130 Stat. 35) is repealed.

     SEC. 5213. RADAR REFRESHER TRAINING.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of the department in which the Coast 
     Guard is operating shall prescribe a final rule eliminating 
     the requirement that a mariner complete an approved refresher 
     or recertification course to maintain a radar observer 
     endorsement. The rulemaking shall be exempt from the 
     requirements of chapters 5 and 6 of title 5, United States 
     Code, and Executive Orders 12866 and 13563.

     SEC. 5214. REPEAL.

       Section 676a(a) of title 14, United States Code, is 
     amended--
       (1) by striking paragraph (2);
       (2) by striking ``(1) In general.--'';
       (3) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively; and
       (4) in paragraph (2), as so redesignated, by striking 
     ``subparagraph (A)'' and inserting ``paragraph (1)''.

     SEC. 5215. EXTENSION OF AUTHORITY.

       Section 404 of the Coast Guard Authorization Act of 2010 
     (Public Law 111-281; 124 Stat. 2950) is amended--
       (1) in subsection (a), in the text preceding paragraph (1), 
     by striking ``sections 3304, 5333, and 5753'' and inserting 
     ``section 3304''; and
       (2) in subsection (b), by striking ``2017.'' and inserting 
     ``2021.''.

     SEC. 5216. AUTHORIZATION OF AMOUNTS FOR FAST RESPONSE 
                   CUTTERS.

       (a) In General.--Of the amounts authorized for each fiscal 
     year 2018 and 2019 under section 2702(2) of title 14, United 
     States Code, as amended by this Act, $165,000,000 is 
     authorized for the acquisition of three Fast Response Cutters 
     in each such fiscal year.
       (b) Treatment of Acquired Cutters.--Any cutters acquired 
     under subsection (a) shall be in addition to the 58 cutters 
     approved under the existing acquisition baseline.

     SEC. 5217. AUTHORIZATION OF AMOUNTS FOR ICE TRIALS OF 
                   ICEBREAKER VESSELS.

       (a) In General.--Of the amounts authorized for fiscal year 
     2018 under paragraphs (1) and (5) of section 2702 of title 
     14, United States Code, as amended by this Act, up to 
     $3,000,000 is authorized for the Commandant of the Coast 
     Guard to carry out ice trials of icebreaker vessels 
     documented under section 12111 of title 46, United States 
     Code.
       (b) Assessments.--Ice trials referred to in subsection (a) 
     shall--
       (1) assess the ability of an icebreaker vessel to carry out 
     the missions of the Coast Guard enumerated in section 2 of 
     title 14, United States Code; or
       (2) conduct operational tests to produce information that 
     could be used in the design and acquisition of icebreaker 
     vessels by the Coast Guard to carry out such missions.

     SEC. 5218. SHORESIDE INFRASTRUCTURE.

       Of the amounts authorized under section 2702(2) of title 
     14, United States Code, as amended by this Act, for each of 
     fiscal years 2018 and 2019 there is authorized to be 
     appropriated $165,000,000 to the Secretary of the department 
     in which the Coast Guard is operating to fund the 
     acquisition, construction, rebuilding or improvement of Coast 
     Guard shoreside infrastructure and facilities necessary to 
     support Coast Guard operations and readiness.

     SEC. 5219. AIRCRAFT IMPROVEMENTS.

       Of the amounts authorized under section 2702(2) of title 
     14, United States Code, as amended by this Act, for each of 
     fiscal years 2018 and 2019 there is authorized to be 
     appropriated up to $3,500,000 to the Secretary of the 
     department in which the Coast Guard is operating to fund 
     analysis and program development for improvements for Coast 
     Guard MH-65 aircraft.

     SEC. 5220. ACQUISITION PLAN FOR INLAND WATERWAY AND RIVER 
                   TENDERS AND BAY-CLASS ICEBREAKERS.

       (a) Acquisition Plan.--Not later than 270 days after the 
     date of the enactment of this Act, the Commandant of the 
     Coast Guard shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a plan to replace or extend the life of the 
     Coast Guard fleet of inland waterway and river tenders, and 
     the Bay-class icebreakers.
       (b) Contents.--The plan under subsection (a) shall 
     include--
       (1) an analysis of the work required to extend the life of 
     vessels described in subsection (a);
       (2) recommendations for which, if any, such vessels it is 
     cost effective to undertake a ship-life extension or enhanced 
     maintenance program;
       (3) an analysis of the aids to navigation program to 
     determine if advances in navigation technology may reduce the 
     needs for physical aids to navigation;

[[Page H6099]]

       (4) recommendations for changes to physical aids to 
     navigation and the distribution of such aids that reduce the 
     need for the acquisition of vessels to replace the vessels 
     described in subsection (a);
       (5) a schedule for the acquisition of vessels to replace 
     the vessels described in subsection (a), including the date 
     on which the first vessel will be delivered;
       (6) an estimate of the cost per vessel and of the total 
     cost of the acquisition program of record; and
       (7) a description of the order in which vessels to replace 
     the vessels described in subsection (a) will be built, and 
     the homeports of each such vessel upon its commissioning.

     SEC. 5221. REPORT ON SEXUAL ASSAULT VICTIM RECOVERY IN THE 
                   COAST GUARD.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on sexual assault prevention and response 
     policies of the Coast Guard and strategic goals related to 
     sexual assault victim recovery.
       (b) Contents.--The report shall--
       (1) describe Coast Guard strategic goals relating to sexual 
     assault climate, prevention, response, and accountability, 
     and actions taken by the Coast Guard to promote sexual 
     assault victim recovery;
       (2) explain how victim recovery is being incorporated into 
     Coast Guard strategic and programmatic guidance related to 
     sexual assault prevention and response;
       (3) examine current Coast Guard sexual assault prevention 
     and response policy with respect to--
       (A) Coast Guard criteria for what comprises sexual assault 
     victim recovery;
       (B) alignment of Coast Guard personnel policies to 
     enhance--
       (i) an approach to sexual assault response that gives 
     priority to victim recovery;
       (ii) upholding individual privacy and dignity; and
       (iii) the opportunity for the continuation of Coast Guard 
     service by sexual assault victims; and
       (C) sexual harassment response, including a description of 
     the circumstances under which sexual harassment is considered 
     a criminal offense; and
       (4) to ensure victims and supervisors understand the full 
     scope of resources available to aid in long-term recovery, 
     explain how the Coast Guard informs its workforce about 
     changes to sexual assault prevention and response policies 
     related to victim recovery.

                 TITLE III--PORTS AND WATERWAYS SAFETY

     SEC. 5301. CODIFICATION OF PORTS AND WATERWAYS SAFETY ACT.

       (a) Codification.--Subtitle VII of title 46, United States 
     Code, is amended by inserting before chapter 701 the 
     following:

               ``CHAPTER 700--PORTS AND WATERWAYS SAFETY

                    ``subchapter a--vessel operations

``Sec.
``70001. Vessel traffic services.
``70002. Special powers.
``70003. Port access routes.
``70004. Considerations by Secretary.
``70005. International agreements.

               ``subchapter b--ports and waterways safety

``70011. Waterfront safety.
``70012. Navigational hazards.
``70013. Requirement to notify Coast Guard of release of objects into 
              the navigable waters of the United States.

   ``subchapter c--condition for entry into ports in the united states

``70021. Conditions for entry to ports in the United States.

  ``subchapter d--definitions, regulations, enforcement, investigatory 
                         powers, applicability

``70031. Definitions.
``70032. Saint Lawrence Seaway.
``70033. Limitation on application to foreign vessels.
``70034. Regulations.
``70035. Investigatory powers.
``70036. Enforcement.

                   ``SUBCHAPTER A--VESSEL OPERATIONS

     ``Sec. 70001. Vessel traffic services

       ``(a) Subject to the requirements of section 70004, the 
     Secretary--
       ``(1) in any port or place under the jurisdiction of the 
     United States, in the navigable waters of the United States, 
     or in any area covered by an international agreement 
     negotiated pursuant to section 70005, may construct, operate, 
     maintain, improve, or expand vessel traffic services, that 
     consist of measures for controlling or supervising vessel 
     traffic or for protecting navigation and the marine 
     environment and that may include one or more of reporting and 
     operating requirements, surveillance and communications 
     systems, routing systems, and fairways;
       ``(2) shall require appropriate vessels that operate in an 
     area of a vessel traffic service to utilize or comply with 
     that service;
       ``(3)(A) may require vessels to install and use specified 
     navigation equipment, communications equipment, electronic 
     relative motion analyzer equipment, or any electronic or 
     other device necessary to comply with a vessel traffic 
     service or that is necessary in the interests of vessel 
     safety.
       ``(B) Notwithstanding subparagraph (A), the Secretary shall 
     not require fishing vessels under 300 gross tons as measured 
     under section 14502, or an alternate tonnage measured under 
     section 14302 as prescribed by the Secretary under section 
     14104, or recreational vessels 65 feet or less to possess or 
     use the equipment or devices required by this subsection 
     solely under the authority of this chapter;
       ``(4) may control vessel traffic in areas subject to the 
     jurisdiction of the United States that the Secretary 
     determines to be hazardous, or under conditions of reduced 
     visibility, adverse weather, vessel congestion, or other 
     hazardous circumstances, by--
       ``(A) specifying times of entry, movement, or departure;
       ``(B) establishing vessel traffic routing schemes;
       ``(C) establishing vessel size, speed, or draft limitations 
     and vessel operating conditions; and
       ``(D) restricting operation, in any hazardous area or under 
     hazardous conditions, to vessels that have particular 
     operating characteristics or capabilities that the Secretary 
     considers necessary for safe operation under the 
     circumstances;
       ``(5) may require the receipt of prearrival messages from 
     any vessel, destined for a port or place subject to the 
     jurisdiction of the United States, in sufficient time to 
     permit advance vessel traffic planning before port entry, 
     which shall include any information that is not already a 
     matter of record and that the Secretary determines necessary 
     for the control of the vessel and the safety of the port or 
     the marine environment; and
       ``(6) may prohibit the use on vessels of electronic or 
     other devices that interfere with communication and 
     navigation equipment, except that such authority shall not 
     apply to electronic or other devices certified to transmit in 
     the maritime services by the Federal Communications 
     Commission and used within the frequency bands 157.1875-
     157.4375 MHz and 161.7875-162.0375 MHz.
       ``(b) Cooperative Agreements.--
       ``(1) In general.--The Secretary may enter into cooperative 
     agreements with public or private agencies, authorities, 
     associations, institutions, corporations, organizations, or 
     other persons to carry out the functions under subsection 
     (a)(1).
       ``(2) Limitation.--
       ``(A) A nongovernmental entity may not under this 
     subsection carry out an inherently governmental function.
       ``(B) As used in this paragraph, the term `inherently 
     governmental function' means any activity that is so 
     intimately related to the public interest as to mandate 
     performance by an officer or employee of the Federal 
     Government, including an activity that requires either the 
     exercise of discretion in applying the authority of the 
     Government or the use of judgment in making a decision for 
     the Government.
       ``(c) Limitation of Liability for Coast Guard Vessel 
     Traffic Service Pilots and Non-Federal Vessel Traffic Service 
     Operators.--
       ``(1) Coast guard vessel traffic service pilots.--Any 
     pilot, acting in the course and scope of his or her duties 
     while at a Coast Guard Vessel Traffic Service, who provides 
     information, advice, or communication assistance while under 
     the supervision of a Coast Guard officer, member, or employee 
     shall not be liable for damages caused by or related to such 
     assistance unless the acts or omissions of such pilot 
     constitute gross negligence or willful misconduct.
       ``(2) Non-federal vessel traffic service operators.--An 
     entity operating a non-Federal vessel traffic information 
     service or advisory service pursuant to a duly executed 
     written agreement with the Coast Guard, and any pilot acting 
     on behalf of such entity, is not liable for damages caused by 
     or related to information, advice, or communication 
     assistance provided by such entity or pilot while so 
     operating or acting unless the acts or omissions of such 
     entity or pilot constitute gross negligence or willful 
     misconduct.

     ``Sec. 70002. Special powers

       ``The Secretary may order any vessel, in a port or place 
     subject to the jurisdiction of the United States or in the 
     navigable waters of the United States, to operate or anchor 
     in a manner the Secretary directs if--
       ``(1) the Secretary has reasonable cause to believe such 
     vessel does not comply with any regulation issued under 
     section 70034 or any other applicable law or treaty;
       ``(2) the Secretary determines such vessel does not satisfy 
     the conditions for port entry set forth in section 70021 of 
     this title; or
       ``(3) by reason of weather, visibility, sea conditions, 
     port congestion, other hazardous circumstances, or the 
     condition of such vessel, the Secretary is satisfied such 
     direction is justified in the interest of safety.

     ``Sec. 70003. Port access routes

       ``(a) Authority To Designate.--Except as provided in 
     subsection (b) and subject to the requirements of subsection 
     (c), in order to provide safe access routes for the movement 
     of vessel traffic proceeding to or from ports or places 
     subject to the jurisdiction of the United States, the 
     Secretary shall designate necessary fairways and traffic 
     separation schemes for vessels operating in the territorial 
     sea of the United States and in high seas approaches, outside 
     the territorial sea, to such ports or places. Such a 
     designation shall recognize, within the designated area, the 
     paramount right of navigation over all other uses.

[[Page H6100]]

       ``(b) Limitation.--
       ``(1) In general.--No designation may be made by the 
     Secretary under this section if--
       ``(A) the Secretary determines such a designation, as 
     implemented, would deprive any person of the effective 
     exercise of a right granted by a lease or permit executed or 
     issued under other applicable provisions of law; and
       ``(B) such right has became vested before the time of 
     publication of the notice required by paragraph (1) of 
     subsection (c).
       ``(2) Consultation required.--The Secretary shall make the 
     determination under paragraph (1)(A) after consultation with 
     the head of the agency responsible for executing the lease or 
     issuing the permit.
       ``(c) Consideration of Other Uses.--Before making a 
     designation under subsection (a), and in accordance with the 
     requirements of section 70004, the Secretary shall--
       ``(1) undertake a study of the potential traffic density 
     and the need for safe access routes for vessels in any area 
     for which fairways or traffic separation schemes are proposed 
     or that may otherwise be considered and publish notice of 
     such undertaking in the Federal Register;
       ``(2) in consultation with the Secretary of State, the 
     Secretary of the Interior, the Secretary of Commerce, the 
     Secretary of the Army, and the Governors of affected States, 
     as their responsibilities may require, take into account all 
     other uses of the area under consideration, including, as 
     appropriate, the exploration for, or exploitation of, oil, 
     gas, or other mineral resources, the construction or 
     operation of deepwater ports or other structures on or above 
     the seabed or subsoil of the submerged lands or the Outer 
     Continental Shelf of the United States, the establishment or 
     operation of marine or estuarine sanctuaries, and activities 
     involving recreational or commercial fishing; and
       ``(3) to the extent practicable, reconcile the need for 
     safe access routes with the needs of all other reasonable 
     uses of the area involved.
       ``(d) Study.--In carrying out the Secretary's 
     responsibilities under subsection (c), the Secretary shall--
       ``(1) proceed expeditiously to complete any study 
     undertaken; and
       ``(2) after completion of such a study, promptly--
       ``(A) issue a notice of proposed rulemaking for the 
     designation contemplated; or
       ``(B) publish in the Federal Register a notice that no 
     designation is contemplated as a result of the study and the 
     reason for such determination.
       ``(e) Implementation of Designation.--In connection with a 
     designation made under this section, the Secretary--
       ``(1) shall issue reasonable rules and regulations 
     governing the use of such designated areas, including rules 
     and regulations regarding the applicability of rules 9 and 10 
     of the International Regulations for Preventing Collisions at 
     Sea, 1972, relating to narrow channels and traffic separation 
     schemes, respectively, in waters where such regulations 
     apply;
       ``(2) to the extent that the Secretary finds reasonable and 
     necessary to effectuate the purposes of the designation, make 
     the use of designated fairways and traffic separation schemes 
     mandatory for specific types and sizes of vessels, foreign 
     and domestic, operating in the territorial sea of the United 
     States and for specific types and sizes of vessels of the 
     United States operating on the high seas beyond the 
     territorial sea of the United States;
       ``(3) may, from time to time, as necessary, adjust the 
     location or limits of designated fairways or traffic 
     separation schemes in order to accommodate the needs of other 
     uses that cannot be reasonably accommodated otherwise, except 
     that such an adjustment may not, in the judgment of the 
     Secretary, unacceptably adversely affect the purpose for 
     which the existing designation was made and the need for 
     which continues; and
       ``(4) shall, through appropriate channels--
       ``(A) notify cognizant international organizations of any 
     designation, or adjustment thereof; and
       ``(B) take action to seek the cooperation of foreign States 
     in making it mandatory for vessels under their control to 
     use, to the same extent as required by the Secretary for 
     vessels of the United States, any fairway or traffic 
     separation scheme designated under this section in any area 
     of the high seas.

     ``Sec. 70004. Considerations by Secretary

       ``In carrying out the duties of the Secretary under 
     sections 70001, 70002, and 70003, the Secretary shall--
       ``(1) take into account all relevant factors concerning 
     navigation and vessel safety, protection of the marine 
     environment, and the safety and security of United States 
     ports and waterways, including--
       ``(A) the scope and degree of the risk or hazard involved;
       ``(B) vessel traffic characteristics and trends, including 
     traffic volume, the sizes and types of vessels involved, 
     potential interference with the flow of commercial traffic, 
     the presence of any unusual cargoes, and other similar 
     factors;
       ``(C) port and waterway configurations and variations in 
     local conditions of geography, climate, and other similar 
     factors;
       ``(D) the need for granting exemptions for the installation 
     and use of equipment or devices for use with vessel traffic 
     services for certain classes of small vessels, such as self-
     propelled fishing vessels and recreational vessels;
       ``(E) the proximity of fishing grounds, oil and gas 
     drilling and production operations, or any other potential or 
     actual conflicting activity;
       ``(F) environmental factors;
       ``(G) economic impact and effects;
       ``(H) existing vessel traffic services; and
       ``(I) local practices and customs, including voluntary 
     arrangements and agreements within the maritime community; 
     and
       ``(2) at the earliest possible time, consult with and 
     receive and consider the views of representatives of the 
     maritime community, ports and harbor authorities or 
     associations, environmental groups, and other persons who may 
     be affected by the proposed actions.

     ``Sec. 70005. International agreements

       ``(a) Transmittal of Regulations.--The Secretary shall 
     transmit, via the Secretary of State, to appropriate 
     international bodies or forums, any regulations issued under 
     this subchapter, for consideration as international 
     standards.
       ``(b) Agreements.--The President is authorized and 
     encouraged to--
       ``(1) enter into negotiations and conclude and execute 
     agreements with neighboring nations, to establish compatible 
     vessel standards and vessel traffic services, and to 
     establish, operate, and maintain international vessel traffic 
     services, in areas and under circumstances of mutual concern; 
     and
       ``(2) enter into negotiations, through appropriate 
     international bodies, and conclude and execute agreements to 
     establish vessel traffic services in appropriate areas of the 
     high seas.
       ``(c) Operations.--The Secretary, pursuant to any agreement 
     negotiated under subsection (b) that is binding upon the 
     United States in accordance with constitutional requirements, 
     may--
       ``(1) require vessels operating in an area of a vessel 
     traffic service to utilize or to comply with the vessel 
     traffic service, including the carrying or installation of 
     equipment and devices as necessary for the use of the 
     service; and
       ``(2) waive, by order or regulation, the application of any 
     United States law or regulation concerning the design, 
     construction, operation, equipment, personnel qualifications, 
     and manning standards for vessels operating in waters over 
     which the United States exercises jurisdiction if such vessel 
     is not en route to or from a United States port or place, and 
     if vessels en route to or from a United States port or place 
     are accorded equivalent waivers of laws and regulations of 
     the neighboring nation, when operating in waters over which 
     that nation exercises jurisdiction.
       ``(d) Ship Reporting Systems.--The Secretary, in 
     cooperation with the International Maritime Organization, may 
     implement and enforce two mandatory ship reporting systems, 
     consistent with international law, with respect to vessels 
     subject to such reporting systems entering the following 
     areas of the Atlantic Ocean:
       ``(1) Cape Cod Bay, Massachusetts Bay, and Great South 
     Channel (in the area generally bounded by a line starting 
     from a point on Cape Ann, Massachusetts at 42 deg. 39' N., 70 
     deg. 37' W; then northeast to 42 deg. 45' N., 70 deg. 13' W; 
     then southeast to 42 deg. 10' N., 68 deg. 31' W, then south 
     to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' 
     N., 69 deg. 17' W; then northeast to 42 deg. 05' N., 70 deg. 
     02' W, then west to 42 deg. 04' N., 70 deg. 10' W; and then 
     along the Massachusetts shoreline of Cape Cod Bay and 
     Massachusetts Bay back to the point on Cape Ann at 42 deg. 
     39' N., 70 deg. 37' W).
       ``(2) In the coastal waters of the Southeastern United 
     States within about 25 nm along a 90 nm stretch of the 
     Atlantic seaboard (in an area generally extending from the 
     shoreline east to longitude 80 deg. 51.6' W with the southern 
     and northern boundary at latitudes 30 deg. 00' N., 31 deg. 
     27' N., respectively).

               ``SUBCHAPTER B--PORTS AND WATERWAYS SAFETY

     ``Sec. 70011. Waterfront safety

       ``(a) In General.--The Secretary may take such action as is 
     necessary to--
       ``(1) prevent damage to, or the destruction of, any bridge 
     or other structure on or in the navigable waters of the 
     United States, or any land structure or shore area 
     immediately adjacent to such waters; and
       ``(2) protect the navigable waters and the resources 
     therein from harm resulting from vessel or structure damage, 
     destruction, or loss.
       ``(b) Actions Authorized.--Actions authorized by subsection 
     (a) include--
       ``(1) establishing procedures, measures, and standards for 
     the handling, loading, unloading, storage, stowage, and 
     movement on a structure (including the emergency removal, 
     control, and disposition) of explosives or other dangerous 
     articles and substances, including oil or hazardous material 
     as those terms are defined in section 2101;
       ``(2) prescribing minimum safety equipment requirements for 
     a structure to assure adequate protection from fire, 
     explosion, natural disaster, and other serious accidents or 
     casualties;
       ``(3) establishing water or waterfront safety zones, or 
     other measures, for limited, controlled, or conditional 
     access and activity when necessary for the protection of any 
     vessel, structure, waters, or shore area; and
       ``(4) establishing procedures for examination to assure 
     compliance with the requirements prescribed under this 
     section.
       ``(c) State Law.--Nothing in this section, with respect to 
     structures, prohibits a State

[[Page H6101]]

     or political subdivision thereof from prescribing higher 
     safety equipment requirements or safety standards than those 
     that may be prescribed by regulations under this section.

     ``Sec. 70012. Navigational hazards

       ``(a) Reporting Procedure.--The Secretary shall establish a 
     program to encourage fishermen and other vessel operators to 
     report potential or existing navigational hazards involving 
     pipelines to the Secretary through Coast Guard field offices.
       ``(b) Secretary's Response.--
       ``(1) Notification by the operator of a pipeline.--Upon 
     notification by the operator of a pipeline of a hazard to 
     navigation with respect to that pipeline, the Secretary shall 
     immediately notify Coast Guard headquarters, the Pipeline and 
     Hazardous Materials Safety Administration, other affected 
     Federal and State agencies, and vessel owners and operators 
     in the pipeline's vicinity.
       ``(2) Notification by other persons.--Upon notification by 
     any other person of a hazard or potential hazard to 
     navigation with respect to a pipeline, the Secretary shall 
     promptly determine whether a hazard exists, and if so shall 
     immediately notify Coast Guard headquarters, the Pipeline and 
     Hazardous Materials Safety Administration, other affected 
     Federal and State agencies, vessel owners and operators in 
     the pipeline's vicinity, and the owner and operator of the 
     pipeline.
       ``(c) Pipeline Defined.--For purposes of this section, the 
     term `pipeline' has the meaning given the term `pipeline 
     facility' in section 60101(a)(18) of title 49.

     ``Sec. 70013. Requirement to notify Coast Guard of release of 
       objects into the navigable waters of the United States

       ``(a) Requirement.--As soon as a person has knowledge of 
     any release from a vessel or facility into the navigable 
     waters of the United States of any object that creates an 
     obstruction prohibited under section 10 of the Act of March 
     3, 1899, popularly known as the Rivers and Harbors 
     Appropriations Act of 1899 (33 U.S.C. 403), such person shall 
     notify the Secretary and the Secretary of the Army of such 
     release.
       ``(b) Restriction on Use of Notification.--Any notification 
     provided by an individual in accordance with subsection (a) 
     may not be used against such individual in any criminal case, 
     except a prosecution for perjury or for giving a false 
     statement.

  ``SUBCHAPTER C--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

     ``Sec. 70021. Conditions for entry to ports in the United 
       States

       ``(a) In General.--No vessel that is subject to chapter 37 
     shall operate in the navigable waters of the United States or 
     transfer cargo or residue in any port or place under the 
     jurisdiction of the United States, if such vessel--
       ``(1) has a history of accidents, pollution incidents, or 
     serious repair problems that, as determined by the Secretary, 
     creates reason to believe that such vessel may be unsafe or 
     may create a threat to the marine environment;
       ``(2) fails to comply with any applicable regulation issued 
     under section 70034, chapter 37, or any other applicable law 
     or treaty;
       ``(3) discharges oil or hazardous material in violation of 
     any law of the United States or in a manner or quantities 
     inconsistent with any treaty to which the United States is a 
     party;
       ``(4) does not comply with any applicable vessel traffic 
     service requirements;
       ``(5) is manned by one or more officers who are licensed by 
     a certificating State that the Secretary has determined, 
     pursuant to section 9101 of title 46, does not have standards 
     for licensing and certification of seafarers that are 
     comparable to or more stringent than United States standards 
     or international standards that are accepted by the United 
     States;
       ``(6) is not manned in compliance with manning levels as 
     determined by the Secretary to be necessary to insure the 
     safe navigation of the vessel; or
       ``(7) while underway, does not have at least one licensed 
     deck officer on the navigation bridge who is capable of 
     clearly understanding English.
       ``(b) Exceptions.--
       ``(1) In general.--The Secretary may allow provisional 
     entry of a vessel that is not in compliance with subsection 
     (a), if the owner or operator of such vessel proves, to the 
     satisfaction of the Secretary, that such vessel is not unsafe 
     or a threat to the marine environment, and if such entry is 
     necessary for the safety of the vessel or persons aboard.
       ``(2) Provisions not applicable.--Paragraphs (1), (2), (3), 
     and (4) of subsection (a) of this section shall not apply to 
     a vessel allowed provisional entry under paragraph (1) if the 
     owner or operator of such vessel proves, to the satisfaction 
     of the Secretary, that such vessel is no longer unsafe or a 
     threat to the marine environment, and is no longer in 
     violation of any applicable law, treaty, regulation or 
     condition, as appropriate.

 ``SUBCHAPTER D--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY 
                         POWERS, APPLICABILITY

     ``Sec. 70031. Definitions

       ``As used in subchapters A through C and this subchapter, 
     unless the context otherwise requires:
       ``(1) The term `marine environment' means--
       ``(A) the navigable waters of the United States and the 
     land and resources therein and thereunder;
       ``(B) the waters and fishery resources of any area over 
     which the United States asserts exclusive fishery management 
     authority;
       ``(C) the seabed and subsoil of the Outer Continental Shelf 
     of the United States, the resources thereof, and the waters 
     superjacent thereto; and
       ``(D) the recreational, economic, and scenic values of such 
     waters and resources.
       ``(2) The term `Secretary' means the Secretary of the 
     department in which the Coast Guard is operating, except that 
     such term means the Secretary of Transportation with respect 
     to the application of this chapter to the Saint Lawrence 
     Seaway.
       ``(3) The term `navigable waters of the United States' 
     includes all waters of the territorial sea of the United 
     States as described in Presidential Proclamation No. 5928 of 
     December 27, 1988.

     ``Sec. 70032. Saint Lawrence Seaway

       ``The authority granted to the Secretary under sections 
     70001, 70002, 70003, 7004, and 70011 may not be delegated 
     with respect to the Saint Lawrence Seaway to any agency other 
     than the Saint Lawrence Seaway Development Corporation. Any 
     other authority granted the Secretary under subchapters A 
     through C and this subchapter shall be delegated by the 
     Secretary to the Saint Lawrence Seaway Development 
     Corporation to the extent the Secretary determines such 
     delegation is necessary for the proper operation of the Saint 
     Lawrence Seaway.

     ``Sec. 70033. Limitation on application to foreign vessels

       ``Except pursuant to international treaty, convention, or 
     agreement, to which the United States is a party, subchapters 
     A through C and this subchapter shall not apply to any 
     foreign vessel that is not destined for, or departing from, a 
     port or place subject to the jurisdiction of the United 
     States and that is in--
       ``(1) innocent passage through the territorial sea of the 
     United States; or
       ``(2) transit through the navigable waters of the United 
     States that form a part of an international strait.

     ``Sec. 70034. Regulations

       ``(a) In General.--In accordance with section 553 of title 
     5, the Secretary shall issue, and may from time to time amend 
     or repeal, regulations necessary to implement subchapters A 
     through C and this subchapter.
       ``(b) Consultation.--In the exercise of the regulatory 
     authority under subchapters A through C and this subchapter, 
     the Secretary shall consult with, and receive and consider 
     the views of all interested persons, including--
       ``(1) interested Federal departments and agencies;
       ``(2) officials of State and local governments;
       ``(3) representatives of the maritime community;
       ``(4) representatives of port and harbor authorities or 
     associations;
       ``(5) representatives of environmental groups;
       ``(6) any other interested persons who are knowledgeable or 
     experienced in dealing with problems involving vessel safety, 
     port and waterways safety, and protection of the marine 
     environment; and
       ``(7) advisory committees consisting of all interested 
     segments of the public when the establishment of such 
     committees is considered necessary because the issues 
     involved are highly complex or controversial.

     ``Sec. 70035. Investigatory powers

       ``(a) Secretary.--The Secretary may investigate any 
     incident, accident, or act involving the loss or destruction 
     of, or damage to, any structure subject to subchapters A 
     through C and this subchapter, or that affects or may affect 
     the safety or environmental quality of the ports, harbors, or 
     navigable waters of the United States.
       ``(b) Powers.--In an investigation under this section, the 
     Secretary may issue subpoenas to require the attendance of 
     witnesses and the production of documents or other evidence 
     relating to such incident, accident, or act. If any person 
     refuses to obey a subpoena, the Secretary may request the 
     Attorney General to invoke the aid of the appropriate 
     district court of the United States to compel compliance with 
     the subpoena. Any district court of the United States may, in 
     the case of refusal to obey a subpoena, issue an order 
     requiring compliance with the subpoena, and failure to obey 
     the order may be punished by the court as contempt. Witnesses 
     may be paid fees for travel and attendance at rates not 
     exceeding those allowed in a district court of the United 
     States.

     ``Sec. 70036. Enforcement

       ``(a) Civil Penalty.--
       ``(1) In general.--Any person who is found by the 
     Secretary, after notice and an opportunity for a hearing, to 
     have violated subchapters A through C or this subchapter or a 
     regulation issued under subchapters A through C or this 
     subchapter shall be liable to the United States for a civil 
     penalty, not to exceed $25,000 for each violation. Each day 
     of a continuing violation shall constitute a separate 
     violation. The amount of such civil penalty shall be assessed 
     by the Secretary, or the Secretary's designee, by written 
     notice. In determining the amount of such penalty, the 
     Secretary shall take into account

[[Page H6102]]

     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior offenses, 
     ability to pay, and such other matters as justice may 
     require.
       ``(2) Compromise, modification, or remission.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil penalty that is subject to imposition 
     or that has been imposed under this section.
       ``(3) Failure to pay penalty.--If any person fails to pay 
     an assessment of a civil penalty after it has become final, 
     the Secretary may refer the matter to the Attorney General of 
     the United States, for collection in any appropriate district 
     court of the United States.
       ``(b) Criminal Penalty.--
       ``(1) Class d felony.--Any person who willfully and 
     knowingly violates subchapters A through C or this subchapter 
     or any regulation issued thereunder commits a class D felony.
       ``(2) Class c felony.--Any person who, in the willful and 
     knowing violation of subchapters A through C or this 
     subchapter or of any regulation issued thereunder, uses a 
     dangerous weapon, or engages in conduct that causes bodily 
     injury or fear of imminent bodily injury to any officer 
     authorized to enforce the provisions of such a subchapter or 
     the regulations issued under such subchapter, commits a class 
     C felony.
       ``(c) In Rem Liability.--Any vessel that is used in 
     violation of subchapters A, B, or C or this subchapter, or 
     any regulations issued under such subchapter, shall be liable 
     in rem for any civil penalty assessed pursuant to subsection 
     (a) and may be proceeded against in the United States 
     district court for any district in which such vessel may be 
     found.
       ``(d) Injunction.--The United States district courts shall 
     have jurisdiction to restrain violations of subchapter A, B, 
     or C or this subchapter or of regulations issued under such 
     subchapter, for cause shown.
       ``(e) Denial of Entry.--Except as provided in section 
     70021, the Secretary may, subject to recognized principles of 
     international law, deny entry by any vessel that is not in 
     compliance with subchapter A, B, or C or this subchapter or 
     the regulations issued under such subchapter--
       ``(1) into the navigable waters of the United States; or
       ``(2) to any port or place under the jurisdiction of the 
     United States.
       ``(f) Withholding of Clearance.--
       ``(1) In general.--If any owner, operator, or individual in 
     charge of a vessel is liable for a penalty or fine under this 
     section, or if reasonable cause exists to believe that the 
     owner, operator, or individual in charge may be subject to a 
     penalty or fine under this section, the Secretary of the 
     Treasury, upon the request of the Secretary, shall with 
     respect to such vessel refuse or revoke any clearance 
     required by section 60105 of title 46.
       ``(2) Granting clearance refused or revoked.--Clearance 
     refused or revoked under this subsection may be granted upon 
     filing of a bond or other surety satisfactory to the 
     Secretary.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such subtitle is amended by inserting before the item 
     relating to chapter 701 the following:

``700. Ports and Waterways Safety.........................70001.''.....

     SEC. 5302. CONFORMING AMENDMENTS.

       (a) Electronic Charts.--
       (1) Transfer of provision.--Section 4A of the Ports and 
     Waterways Safety Act (33 U.S.C. 1223a)--
       (A) is redesignated as section 3105 of title 46, United 
     States Code, and transferred to appear after section 3104 of 
     that title; and
       (B) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Limitation on Application.--Except pursuant to an 
     international treaty, convention, or agreement, to which the 
     United States is a party, this section shall not apply to any 
     foreign vessel that is not destined for, or departing from, a 
     port or place subject to the jurisdiction of the United 
     States and that is in--
       ``(1) innocent passage through the territorial sea of the 
     United States; or
       ``(2) transit through the navigable waters of the United 
     States that form a part of an international strait.''.
       (2) Clerical amendment.--The analysis at the beginning of 
     chapter 31 of such title is amended by adding at the end the 
     following:

``3105. Electronic charts.''.

       (b) Port, Harbor, and Coastal Facility Security.--
       (1) Transfer of provisions.--So much of section 7 of the 
     Ports and Waterways Safety Act (33 U.S.C. 1226) as precedes 
     subsection (c) of that section is redesignated as section 
     70116 of title 46, United States Code, and transferred so as 
     to replace section 70116 of that title, as in effect before 
     the enactment of this Act.
       (2) Definitions, administration, and enforcement.--Section 
     70116 of title 46, United States Code, as amended by 
     paragraph (1) of this subsection, is amended by adding at the 
     end the following:
       ``(c) Definitions, Administration, and Enforcement.--This 
     section shall be treated as part of chapter 700 for purposes 
     of sections 70031, 70032, 70034, 70035, and 70036.''.
       (3) Clerical amendment.--The analysis at the beginning of 
     chapter 701 of such title is amended by striking the item 
     relating to section 70116 and inserting the following:

``70116. Port, harbor, and coastal facility security.''.

       (c) Nondisclosure of Port Security Plans.--Subsection (c) 
     of section 7 of the Ports and Waterways Safety Act (33 U.S.C. 
     1226), as so designated before the application of subsection 
     (b)(1) of this section--
       (1) is redesignated as subsection (f) of section 70103 of 
     title 46, United States Code, and transferred so as to appear 
     after subsection (e) of such section; and
       (2) is amended by striking ``this Act'' and inserting 
     ``this chapter''.
       (d) Repeal.--Section 2307 of title 46, United States Code, 
     and the item relating to that section in the analysis at the 
     beginning of chapter 23 of that title, are repealed.
       (e) Repeal.--The Ports and Waterways Safety Act (33 U.S.C. 
     1221-1231, 1232-1232b), as amended by this Act, is repealed.

     SEC. 5303. TRANSITIONAL AND SAVINGS PROVISIONS.

       (a) Definitions.--In this section:
       (1) Source provision.--The term ``source provision'' means 
     a provision of law that is replaced by a title 46 provision 
     under this title.
       (2) Title 46 provision.--The term ``title 46 provision'' 
     means a provision of title 46, United States Code, that is 
     enacted by section 5302.
       (b) Cutoff Date.--The title 46 provisions replace certain 
     provisions of law enacted before the date of the enactment of 
     this Act. If a law enacted after that date amends or repeals 
     a source provision, that law is deemed to amend or repeal, as 
     the case may be, the corresponding title 46 provision. If a 
     law enacted after that date is otherwise inconsistent with a 
     title 46 provision or a provision of this title, that law 
     supersedes the title 46 provision or provision of this title 
     to the extent of the inconsistency.
       (c) Original Date of Enactment Unchanged.--For purposes of 
     determining whether one provision of law supersedes another 
     based on enactment later in time, a title 46 provision is 
     deemed to have been enacted on the date of enactment of the 
     source provision that the title 46 provision replaces.
       (d) References to Title 46 Provisions.--A reference to a 
     title 46 provision, including a reference in a regulation, 
     order, or other law, is deemed to refer to the corresponding 
     source provision.
       (e) References to Source Provisions.--A reference to a 
     source provision, including a reference in a regulation, 
     order, or other law, is deemed to refer to the corresponding 
     title 46 provision.
       (f) Regulations, Orders, and Other Administrative 
     Actions.--A regulation, order, or other administrative action 
     in effect under a source provision continues in effect under 
     the corresponding title 46 provision.
       (g) Actions Taken and Offenses Committed.--An action taken 
     or an offense committed under a source provision is deemed to 
     have been taken or committed under the corresponding title 46 
     provision.

     SEC. 5304. RULE OF CONSTRUCTION.

       This title, including the amendments made by this title, is 
     intended only to transfer provisions of the Ports and 
     Waterways Safety Act to title 46, United States Code, and may 
     not be construed to alter--
       (1) the effect of a provision of the Ports and Waterways 
     Safety Act, including any authority or requirement therein;
       (2) a department or agency interpretation with respect to 
     the Ports and Waterways Safety Act; or
       (3) a judicial interpretation with respect to the Ports and 
     Waterways Safety Act.

     SEC. 5305. ADVISORY COMMITTEE: REPEAL.

       Section 18 of the Coast Guard Authorization Act of 1991 
     (Public Law 102-241; 105 Stat. 2213) is repealed.

     SEC. 5306. REGATTAS AND MARINE PARADES.

       (a) In General.--Chapter 700 of title 46, United States 
     Code, as established by section 5301 of this Act, is amended 
     by adding at the end the following:

              ``SUBCHAPTER E--REGATTAS AND MARINE PARADES

     ``Sec. 70041. Regattas and marine parades

       ``(a) In General.--The Commandant of the Coast Guard may 
     issue regulations to promote the safety of life on navigable 
     waters during regattas or marine parades.
       ``(b) Detail and Use of Vessels.--To enforce regulations 
     issued under this section--
       ``(1) the Commandant may detail any public vessel in the 
     service of the Coast Guard and make use of any private vessel 
     tendered gratuitously for that purpose; and
       ``(2) upon the request of the Commandant, the head of any 
     other Federal department or agency may enforce the 
     regulations by means of any public vessel of such department 
     and any private vessel tendered gratuitously for that 
     purpose.
       ``(c) Transfer of Authority.--The authority of the 
     Commandant under this section may be transferred by the 
     President for any special occasion to the head of another 
     Federal department or agency whenever in the President's 
     judgment such transfer is desirable.
       ``(d) Penalties.--
       ``(1) In general.--For any violation of regulations issued 
     pursuant to this section the following penalties shall be 
     incurred:
       ``(A) A licensed officer shall be liable to suspension or 
     revocation of license in the manner prescribed by law for 
     incompetency or misconduct.
       ``(B) Any person in charge of the navigation of a vessel 
     other than a licensed officer shall be liable to a penalty of 
     $5,000.
       ``(C) The owner of a vessel (including any corporate 
     officer of a corporation owning the

[[Page H6103]]

     vessel) actually on board shall be liable to a penalty of 
     $5,000, unless the violation of regulations occurred without 
     the owner's knowledge.
       ``(D) Any other person shall be liable to a penalty of 
     $2,500.
       ``(2) Mitigation or remission.--The Commandant may mitigate 
     or remit any penalty provided for in this subsection in the 
     manner prescribed by law for the mitigation or remission of 
     penalties for violation of the navigation laws.''.
       (b) Clerical Amendment.--The analysis for chapter 700 of 
     title 46, United States Code, as established by section 5301 
     of this Act, is amended by adding at the end the following:

               ``subchapter e--regattas and marine parades

``70041. Regattas and marine parades.''.
       (c) Repeal.--The Act of April 28, 1908 (35 Stat. 69, 
     chapter 151; 33 U.S.C. 1233 et seq.), is repealed.

     SEC. 5307. REGULATION OF VESSELS IN TERRITORIAL WATERS OF 
                   UNITED STATES.

       (a) Establishment of Subchapter F.--Chapter 700 of title 
     46, United States Code, as established by section 5301 of 
     this Act, is amended by adding at the end the following:

 ``SUBCHAPTER F--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED 
                                 STATES

     ``Sec. 70054. Definitions

       ``In this subchapter:
       ``(1) United states.--The term `United States' includes all 
     territory and waters, continental or insular, subject to the 
     jurisdiction of the United States.
       ``(2) Territorial waters.--The term `territorial waters of 
     the United States' includes all waters of the territorial sea 
     of the United States as described in Presidential 
     Proclamation 5928 of December 27, 1988.''.
       (b) Regulation of Anchorage and Movement of Vessels During 
     National Emergency.--Section 1 of title II of the Act of June 
     15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 191), is 
     amended--
       (1) by striking the section designation and all that 
     follows before ``by proclamation'' and inserting the 
     following:

     ``Sec. 70051. Regulation of anchorage and movement of vessels 
       during national emergency

       ``Whenever the President'';
       (2) by striking ``of the Treasury'';
       (3) by striking ``of the department in which the Coast 
     Guard is operating'';
       (4) by striking ``this title'' and inserting ``this 
     subchapter''; and
       (5) by transferring the section so that the section appears 
     before section 70054 of title 46, United States Code (as 
     added by subsection (a) of this section).
       (c) Seizure and Forfeiture of Vessel; Fine and 
     Imprisonment.--Section 2 of title II of the Act of June 15, 
     1917 (40 Stat. 220, chapter 30; 50 U.S.C. 192), is amended--
       (1) by striking the section designation and all that 
     follows before ``agent,'' and inserting the following:

     ``Sec. 70052. Seizure and forfeiture of vessel; fine and 
       imprisonment

       ``(a) In General.--If any owner,'';
       (2) by striking ``this title'' each place it appears and 
     inserting ``this subchapter''; and
       (3) by transferring the section so that the section appears 
     after section 70051 of title 46, United States Code (as 
     transferred by subsection (b) of this section).
       (d) Enforcement Provisions.--Section 4 of title II of the 
     Act of June 15, 1917 (40 Stat. 220, chapter 30; 50 U.S.C. 
     194), is amended--
       (1) by striking all before ``may employ'' and inserting the 
     following:

     ``Sec. 70053. Enforcement provisions

       ``The President'';
       (2) by striking ``the purpose of this title'' and inserting 
     ``this subchapter''; and
       (3) by transferring the section so that the section appears 
     after section 70052 of title 46, United States Code (as 
     transferred by subsection (c) of this section).
       (e) Clerical Amendment.--The analysis for chapter 700 of 
     title 46, United States Code, as established by section 5301 
     of this Act, is amended by adding at the end the following:

 ``subchapter f--regulation of vessels in territorial waters of united 
                                 states

``70051. Regulation of anchorage and movement of vessels during 
              national emergency.
``70052. Seizure and forfeiture of vessel; fine and imprisonment.
``70053. Enforcement provisions.
``70054. Definitions.''.

                TITLE IV--MARITIME TRANSPORTATION SAFETY

     SEC. 5401. CLARIFICATION OF LOGBOOK ENTRIES.

       (a) In General.--Section 11304 of title 46, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``an official'' and 
     inserting ``a''; and
       (2) in subsection (b), by amending paragraph (3) to read as 
     follows:
       ``(3) Each illness of, and injury to, a seaman of the 
     vessel, the nature of the illness or injury, and the medical 
     treatment provided for the injury or illness.''.
       (b) Technical Amendment.--Section 11304(b) is amended by 
     striking ``log book'' and inserting ``logbook''.

     SEC. 5402. TECHNICAL CORRECTIONS: LICENSES, CERTIFICATIONS OF 
                   REGISTRY, AND MERCHANT MARINER DOCUMENTS.

       Title 46, United States Code, is amended--
       (1) in section 7106(b), by striking ``merchant mariner's 
     document,'' and inserting ``license,'';
       (2) in section 7107(b), by striking ``merchant mariner's 
     document,'' and inserting ``certificate of registry,'';
       (3) in section 7507(b)(1), by striking ``licenses or 
     certificates of registry'' and inserting ``merchant mariner 
     documents''; and
       (4) in section 7507(b)(2) by striking ``merchant mariner's 
     document.'' and inserting ``license or certificate of 
     registry.''.

     SEC. 5403. NUMBERING FOR UNDOCUMENTED BARGES.

       Section 12301(b) of title 46, United States Code, is 
     amended--
       (1) by striking ``shall'' and inserting ``may''; and
       (2) by inserting ``of'' after ``barge''.

     SEC. 5404. DRAWBRIDGE DEVIATION EXEMPTION.

       Section 5 of the Act entitled ``An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes'', approved August 18, 1894 (33 U.S.C. 499), is 
     amended by adding at the end the following new subsection:
       ``(d) Exemption.--
       ``(1) In general.--A change to a schedule that governs the 
     opening of a drawbridge that will be in effect for less than 
     6 months shall not be subject to the rule making requirements 
     of section 553 of title 5, United States Code.
       ``(2) Alternate requirements.--
       ``(A) Duties of secretary.--The Secretary of the department 
     in which the Coast Guard is operating shall provide notice of 
     each such change through--
       ``(i) a local notice to mariners;
       ``(ii) a Coast Guard broadcast notice to mariners; or
       ``(iii) another method of notice that the Secretary 
     considers appropriate.
       ``(B) Owner and operator duties.--With respect to any 
     drawbridge other than a railroad drawbridge, the owner or 
     operator of such drawbridge shall provide notice of such a 
     change to--
       ``(i) the general public, through publication in a 
     newspaper of general circulation;
       ``(ii) the Department of Transportation or other public 
     agency with administrative jurisdiction over the roadway that 
     abuts the approach to such bridge; and
       ``(iii) the law enforcement organization with jurisdiction 
     over the roadway that abuts the approach to such bridge.''.

     SEC. 5405. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY 
                   COMPLIANCE PROGRAMS.

       (a) Deadline.--Section 4503(d) of title 46, United States 
     Code, is amended by striking so much as precedes paragraph 
     (3) and inserting the following:
       ``(d)(1) The Secretary, in cooperation with the commercial 
     fishing industry, may prescribe an alternative safety 
     compliance program that shall apply in lieu of requirements 
     under section 4502(b), for any category of fishing vessels, 
     fish processing vessels, or fish tender vessels that are--
       ``(A) at least 50 feet overall in length;
       ``(B) built before July 1, 2013; and
       ``(C) 25 years of age or older.
       ``(2) An alternative safety compliance program prescribed 
     under paragraph (1) shall apply to a vessel--
       ``(A) except as provided in subparagraph (B), after the 
     later of January 1, 2020, or the end of the 3-year period 
     beginning on the date on which the Secretary prescribes the 
     program; and
       ``(B) in the case of a vessel that undergoes a major 
     conversion completed after the later of July 1, 2013, or the 
     date the Secretary establishes standards for the alternate 
     safety compliance program, upon the completion of such 
     conversion.''.
       (b) Conforming Amendment.--Section 4502(b) of title 46, 
     United States Code, is amended by inserting ``and subject to 
     section 4503(d),'' after ``In addition to the requirements of 
     subsection (a) of this section,''.

     SEC. 5406. AUTHORIZATION FOR MARINE DEBRIS PROGRAM.

       The Marine Debris Research, Prevention, and Reduction Act 
     is amended--
       (1) in section 9 (33 U.S.C. 1958)--
       (A) by striking the em-dash and all that follows through 
     ``(1)''; and
       (B) by striking ``; and'' and all that follows through the 
     end of the section and inserting a period; and
       (2) by adding at the end the following:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``Of the amounts authorized for each fiscal year under 
     section 2702(1) of title 14, United States Code, up to 
     $2,000,000 are authorized for the Commandant to carry out 
     section 4 of this Act, of which not more than 10 percent may 
     be used for administrative costs.''.

     SEC. 5407. ALTERNATIVE DISTRESS SIGNALS.

       (a) Performance Standard.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall issue 
     a rule that establishes a performance standard for distress 
     signals, including for maritime visual distress signals, that 
     may be used as an alternative to the distress signals 
     required by section 175.110 of title 33, Code of Federal 
     Regulations..
       (b) Authorization of Use.--Not later than 180 days after 
     the date of the issuance of a rule under subsection (a), the 
     Secretary shall issue a rule amending part 175 of title 33, 
     Code of Federal Regulations, to authorize use of distress 
     signals in accordance with such performance standard.

     SEC. 5408. ATLANTIC COAST PORT ACCESS ROUTE STUDY 
                   RECOMMENDATIONS.

       Not later than 30 days after the date of the enactment of 
     the Act, the Commandant of

[[Page H6104]]

     the Coast Guard shall notify the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate of action taken to carry out the recommendations 
     contained in the final report issued by the Atlantic Coast 
     Port Access Route Study (ACPARS) workgroup for which notice 
     of availability was published March 14, 2016 (81 Fed. Reg. 
     13307).

     SEC. 5409. DOCUMENTATION OF RECREATIONAL VESSELS.

       Coast Guard personnel performing nonrecreational vessel 
     documentation functions under subchapter II of chapter 121 of 
     title 46, United States Code, may perform recreational vessel 
     documentation under section 12114 of such title in any fiscal 
     year in which--
       (1) funds available for Coast Guard operating expenses may 
     not be used for expenses incurred for recreational vessel 
     documentation;
       (2) fees collected from owners of yachts and credited to 
     such use are insufficient to pay expenses of recreational 
     vessel documentation; and
       (3) there is a backlog of applications for recreational 
     vessel documentation.

     SEC. 5410. CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL 
                   VESSELS.

       Section 12114 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(d) Effective Period.--A recreational endorsement for a 
     vessel--
       ``(1) except as provided in paragraph (3), shall be 
     effective for 5 years;
       ``(2) shall require the owner of the vessel to notify the 
     Coast Guard of each change in the information on which the 
     issuance of the certificate of documentation is based that 
     occurs before the expiration of the certificate under this 
     subsection, by not later than 30 days after such change; and
       ``(3) shall terminate upon the expiration of such 30-day 
     period if the owner has not notified the Coast Guard of such 
     change before the end of such period.
       ``(e) State and Local Authority To Remove Abandoned and 
     Derelict Vessels.--Nothing in this section shall be construed 
     to limit the authority of a State or local authority from 
     taking action to remove an abandoned or derelict vessel.
       ``(f) Authority.--
       ``(1) Requirement.--The Secretary shall assess and collect 
     a fee for the issuance or renewal of a recreational 
     endorsement, that is equivalent to the fee established for 
     the issuance or renewal, respectively, of a fishery 
     endorsement pursuant to section 2110.
       ``(2) Treatment.--Fees collected under this subsection--
       ``(A) shall be credited to the account from which the costs 
     of such issuance or renewal were paid; and
       ``(B) may remain available until expended.''.

     SEC. 5411. BACKUP GLOBAL POSITIONING SYSTEM.

       (a) In General.--Subtitle VIII of title 46, United States 
     Code, is amended by adding at the end the following:

            ``CHAPTER 807--POSITION, NAVIGATION, AND TIMING

``Sec.
``80701. Land-based complementary and backup positioning, navigation, 
              and timing system.

     ``Sec. 80701. Land-based complementary and backup 
       positioning, navigation, and timing system

       ``(a) ELORAN.--Subject to the availability of 
     appropriations, the Secretary shall provide for the 
     establishment, sustainment, and operation of a reliable land-
     based enhanced LORAN, or eLORAN, positioning, navigation, and 
     timing system.
       ``(b) Purpose.--The purpose of the system established under 
     subsection (a) is to provide a complement to, and backup for, 
     the Global Positioning System (in this section referred to as 
     `GPS') to ensure the availability of uncorrupted and 
     nondegraded positioning, navigation, and timing signals for 
     military and civilian users in the event that GPS signals are 
     corrupted, degraded, unreliable, or otherwise unavailable.
       ``(c) Requirements.--The system established under 
     subsection (a) shall--
       ``(1) be wireless;
       ``(2) be terrestrial;
       ``(3) provide wide-area coverage;
       ``(4) transmit a precise, high-power signal in the 100 
     kilohertz spectrum and meet the one microsecond accuracy 
     requirement specified in the Federal Radio Navigation Plan;
       ``(5) be synchronized with coordinated universal time;
       ``(6) be resilient and extremely difficult to disrupt or 
     degrade;
       ``(7) be able to penetrate underground and inside 
     buildings;
       ``(8) be capable of deployment to remote locations;
       ``(9) take full advantage of the infrastructure of the 
     existing, unused Coast Guard long-range navigation system 
     (commonly known as `LORAN-C'), and subject to the concurrence 
     and agreement of other agencies, unused facilities associated 
     with the Ground Wave Emergency Network and Nationwide 
     Differential GPS systems;
       ``(10) utilize and leverage the capabilities of the entity 
     for development, building, and operation of the system;
       ``(11) function in an interoperable and complementary 
     manner with other similar positioning, navigation, and timing 
     systems;
       ``(12) be made available by the Secretary for use by other 
     Federal agencies for public purposes at no cost; and
       ``(13) incorporate such other requirements determined 
     necessary by the Secretary with respect to such agencies.
       ``(d) Secretary Defined.--In this section the term 
     `Secretary' means the Secretary of Transportation, acting 
     through the Commandant of the Coast Guard.''.
       (b) Clerical Amendment.--The analysis for subtitle VIII of 
     title 46, United States Code, is amended by adding after the 
     item relating to chapter 805 the following:

``807. Position, navigation, and timing...................80701.''.....

       (c) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary, as that 
     term is defined in the amendments made by this section, shall 
     provide to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate, a plan 
     to ensure that the system required under such amendments is 
     fully operational by not later than 3 years after such date 
     of enactment.

     SEC. 5412. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED 
                   STATES FOR CERTAIN PURPOSES.

       For purposes of the application of subtitle II of title 46, 
     United States Code, to the Volunteer (Hull Number CCA4108), 
     the Illinois and Michigan Canal is deemed to not be navigable 
     waters of the United States.

     SEC. 5413. UNINSPECTED PASSENGER VESSELS IN ST. LOUIS COUNTY, 
                   MINNESOTA.

       Section 4105 of title 46, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) In applying this title with respect to an uninspected 
     vessel of less than 25 feet overall in length that carries 
     passengers on Crane Lake or waters contiguous to such lake in 
     St. Louis County, Minnesota, the Secretary shall substitute 
     `12 passengers' for `6 passengers' each place it appears in 
     section 2101(42).''.

     SEC. 5414. ENGINE CUT-OFF SWITCH REQUIREMENTS.

       (a) Installation Requirement.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall issue a regulation 
     amending part 183 of title 33, Code of Federal Regulations, 
     that requires associated equipment manufacturers, 
     distributors, and dealers installing propulsion machinery and 
     associated starting controls on a recreational vessel less 
     than 26 feet overall in length and capable of developing at 
     least 115 pounds of static thrust or 3 horsepower to install 
     an engine cut-off switch in compliance with American Boat and 
     Yacht Standard A-33.
       (2) Effective date.--The regulation shall take effect at 
     the end of the 1-year period beginning on the date of the 
     issuance of such regulation.
       (b) Definitions.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall issue a regulation 
     amending part 175 and part 183 of title 33, Code of Federal 
     Regulations, that--
       (1) defines the term ``engine cut-off switch'' for purposes 
     of that part to mean a mechanical or electronic device that 
     is connected to propulsion machinery of a recreational vessel 
     less than 26 feet overall in length that will stop propulsion 
     if--
       (A) the switch is not properly connected to the propulsion 
     machinery; or
       (B) the switch components are--
       (i) submerged in water; or
       (ii) separated from the propulsion machinery by a 
     predetermined distance; and
       (2) defines the term ``engine cut-off switch link'' for 
     purposes of that part to mean equipment that--
       (A) is attached to as recreational vessel operator; and
       (B) activates the engine cut-off switch.
       (c) Education on Cut-Off Switches.--The Commandant of the 
     Coast Guard, through the National Boating Safety Advisory 
     Council established under section 13110 of title 46, United 
     States Code, may initiate a boating safety program on the use 
     and benefits of cut-off switches for recreational vessels.

     SEC. 5415. ANALYSIS OF COMMERCIAL FISHING VESSEL 
                   CLASSIFICATION REQUIREMENTS.

       (a) Analysis.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant of the Coast Guard 
     shall notify the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the status of the implementation of the survey and 
     classification requirements referred to in section 4503 of 
     title 46, United States Code.
       (b) Contents.--The analysis required under subsection (a) 
     shall include information on--
       (1) the average costs to vessel owners to comply with such 
     section; and
       (2) the impact such section is having on commercial fishing 
     vessel safety.

                         TITLE V--MISCELLANEOUS

     SEC. 5501. REPEAL.

       Subsection (h) of section 888 of the Homeland Security Act 
     of 2002 (6 U.S.C. 468) is repealed.

[[Page H6105]]

  


     SEC. 5502. REIMBURSEMENTS FOR NON-FEDERAL CONSTRUCTION COSTS 
                   OF CERTAIN AIDS TO NAVIGATION.

       (a) In General.--Subject to the availability of amounts 
     specifically provided in advance in subsequent appropriations 
     Acts and in accordance with this section, the Commandant of 
     the Coast Guard may reimburse a non-Federal entity for costs 
     incurred by the entity for a covered project.
       (b) Conditions.--The Commandant may not provide 
     reimbursement under subsection (a) with respect to a covered 
     project unless--
       (1) the need for the project is a result of the completion 
     of construction with respect to a federally authorized 
     navigation channel;
       (2) the Commandant determines, through an appropriate 
     navigation safety analysis, that the project is necessary to 
     ensure safe marine transportation;
       (3) the Commandant approves the design of the project to 
     ensure that it meets all applicable Coast Guard aids-to-
     navigation standards and requirements;
       (4) the non-Federal entity agrees to transfer the project 
     upon completion to the Coast Guard for operation and 
     maintenance by the Coast Guard as a Federal aid to 
     navigation;
       (5) the non-Federal entity carries out the project in 
     accordance with the same laws and regulations that would 
     apply to the Coast Guard if the Coast Guard carried out the 
     project, including obtaining all permits required for the 
     project under Federal and State law; and
       (6) the Commandant determines that the project satisfies 
     such additional requirements as may be established by the 
     Commandant.
       (c) Limitations.--Reimbursements under subsection (a) may 
     not exceed the following:
       (1) For a single covered project, $5,000,000.
       (2) For all covered projects in a single fiscal year, 
     $5,000,000.
       (d) Expiration.--The authority granted under this section 
     shall expire on the date that is 4 years after the date of 
     enactment of this section.
       (e) Covered Project Defined.--In this section, the term 
     ``covered project'' means a project carried out by a non-
     Federal entity to construct and establish an aid to 
     navigation that facilitates safe and efficient marine 
     transportation on a Federal navigation project authorized by 
     title I of the Water Resources Development Act of 2007 
     (Public Law 110-114).

     SEC. 5503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD 
                   AUTHORIZATION ACTS.

       Section 604(b) of the Howard Coble Coast Guard and Maritime 
     Transportation Act of 2014 (Public Law 113-281; 128 Stat. 
     3061) is amended by inserting ``and fishery endorsement'' 
     after ``endorsement''.

     SEC. 5504. SHIP SHOAL LIGHTHOUSE TRANSFER: REPEAL.

       Effective January 1, 2021, section 27 of the Coast Guard 
     Authorization Act of 1991 (Public Law 102-241; 105 Stat. 
     2218) is repealed.

     SEC. 5505. COAST GUARD MARITIME DOMAIN AWARENESS.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall seek to enter into an 
     arrangement with the National Academy of Sciences not later 
     than 60 days after the date of the enactment of this Act 
     under which the Academy shall prepare an assessment of 
     available unmanned, autonomous, or remotely controlled 
     maritime domain awareness technologies for use by the Coast 
     Guard.
       (b) Assessment.--The assessment shall--
       (1) describe the potential limitations of current and 
     emerging unmanned technologies used in the maritime domain 
     for--
       (A) ocean observation;
       (B) vessel monitoring and identification;
       (C) weather observation;
       (D) to the extent practicable for consideration by the 
     Academy, intelligence gathering, surveillance, and 
     reconnaissance; and
       (E) communications;
       (2) examine how technologies described in paragraph (1) can 
     help prioritize Federal investment by examining;
       (A) affordability, including acquisition, operations, and 
     maintenance;
       (B) reliability;
       (C) versatility;
       (D) efficiency; and
       (E) estimated service life and persistence of effort; and
       (3) analyze whether the use of new and emerging maritime 
     domain awareness technologies can be used to--
       (A) carry out Coast Guard missions at lower costs;
       (B) expand the scope and range of Coast Guard maritime 
     domain awareness;
       (C) allow the Coast Guard to more efficiently and 
     effectively allocate Coast Guard vessels, aircraft, and 
     personnel; and
       (D) identify adjustments that would be necessary in Coast 
     Guard policies, procedures, and protocols to incorporate 
     unmanned technologies to enhance efficiency.
       (c) Report to Congress.--Not later than 1 year after 
     entering into an arrangement with the Secretary under 
     subsection (a), the National Academy of Sciences shall submit 
     the assessment prepared under this section to the Committees 
     on Transportation and Infrastructure and Homeland Security of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       (d) Use of Information.--In formulating costs pursuant to 
     subsection (b), the National Academy of Sciences may utilize 
     information from other Coast Guard reports, assessments, or 
     analyses regarding existing Coast Guard manpower requirements 
     or other reports, assessments, or analyses for the 
     acquisition of unmanned, autonomous, or remotely controlled 
     technologies by the Federal Government.

     SEC. 5506. TOWING SAFETY MANAGEMENT SYSTEM FEES.

       (a) Review.--The Commandant of the Coast Guard shall--
       (1) review and compare the costs to the Government of--
       (A) towing vessel inspections performed by the Coast Guard; 
     and
       (B) such inspections performed by a third party; and
       (2) based on such review and comparison, determine whether 
     the costs to the Government of such inspections performed by 
     a third party are different than the costs to the Government 
     of such inspections performed by the Coast Guard.
       (b) Revision of Fees.--If the Commandant determines under 
     subsection (a) that the costs to the Government of such 
     inspections performed by a third party are different than the 
     costs to the Government of such inspections performed by the 
     Coast Guard, then the Commandant shall revise the fee 
     assessed by the Coast Guard for such inspections as necessary 
     to conform to the requirements under section 9701 of title 
     31, United States Code, that such fee be based on the cost to 
     the Government of such inspections and accurately reflect 
     such costs.

     SEC. 5507. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.

        Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712) is amended--
       (1) by repealing subsection (g);
       (2) in subsection (l)(1), by striking ``Within one year 
     after the date of enactment of the Coast Guard Authorization 
     Act of 2010, and annually thereafter,'' and inserting ``Each 
     year, on the date on which the President submits to Congress 
     a budget under section 1105 of title 31, United States 
     Code,''; and
       (3) by amending subsection (l)(2) to read as follows:
       ``(2) Contents.--The report shall include--
       ``(A) a list of each incident that--
       ``(i) occurred in the preceding fiscal year; and
       ``(ii) resulted in disbursements from the Fund, for removal 
     costs and damages, totaling $500,000 or more;
       ``(B) a list of each incident that--
       ``(i) occurred in the fiscal year preceding the preceding 
     fiscal year; and
       ``(ii) resulted in disbursements from the Fund, for removal 
     costs and damages, totaling $500,000 or more; and
       ``(C) an accounting of any amounts reimbursed to the Fund 
     in the preceding fiscal year that were recovered from a 
     responsible party for an incident that resulted in 
     disbursements from the Fund, for removal costs and damages, 
     totaling $500,000 or more.''.

     SEC. 5508. LAND EXCHANGE, AYAKULIK ISLAND, ALASKA.

       (a) Land Exchange.--If the owner of Ayakulik Island, 
     Alaska, offers to exchange the Island for the Tract--
       (1) within 30 days after receiving such offer, the 
     Secretary shall provide notice of the offer to the 
     Commandant;
       (2) within 90 days after receiving the notice under 
     paragraph (1), the Commandant shall develop and transmit to 
     the Secretary proposed operational restrictions on commercial 
     activity conducted on the Tract, including the right of the 
     Commandant to--
       (A) order the immediate termination, for a period of up to 
     72 hours, of any activity occurring on or from the Tract that 
     violates or threatens to violate one or more of such 
     restrictions; or
       (B) commence a civil action for appropriate relief, 
     including a permanent or temporary injunction enjoining the 
     activity that violates or threatens to violate such 
     restrictions; and
       (3) within 90 days after receiving the proposed operational 
     restrictions from the Commandant, the Secretary shall 
     transmit such restrictions to the owner of Ayakulik Island; 
     and
       (4) within 30 days after transmitting the proposed 
     operational restrictions to the owner of Ayakulik Island, and 
     if the owner agrees to such restrictions, the Secretary shall 
     convey all right, title and interest of the United States in 
     and to the Tract to the owner, subject to an easement granted 
     to the Commandant to enforce such restrictions, in exchange 
     for all right, title and interest of such owner in and to 
     Ayakulik Island.
       (b) Boundary Revisions.--The Secretary may make technical 
     and conforming revisions to the boundaries of the Tract 
     before the date of the exchange.
       (c) Public Land Order.--Effective on the date of an 
     exchange under subsection (a), Public Land Order 5550 shall 
     have no force or effect with respect to submerged lands that 
     are part of the Tract.
       (d) Failure to Timely Respond to Notice.--If the Commandant 
     does not transmit proposed operational restrictions to the 
     Secretary within 30 days after receiving the notice under 
     subsection (a)(1), the Secretary shall, by not later than 60 
     days after transmitting such notice, convey all right, title, 
     and interest of the United States in and to the Tract to the 
     owner of Ayakulik Island in exchange for all right, title, 
     and interest of such owner in and to Ayakulik Island.
       (e) CERCLA Not Affected.--This section and an exchange 
     under this section shall not be construed to limit the 
     application of or

[[Page H6106]]

     otherwise affect section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).
       (f) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of the Coast Guard.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tract.--The term ``Tract'' means the land (including 
     submerged land) depicted as ``PROPOSED PROPERTY EXCHANGE 
     AREA'' on the survey titled ``PROPOSED PROPERTY EXCHANGE 
     PARCEL'' and dated 3/22/17.

     SEC. 5509. VESSEL RESPONSE PLANS IN THE ARCTIC REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the oil spill 
     prevention and response capabilities available for the area 
     covered by the Captain of the Port Zone, as established by 
     the Secretary, that includes the Arctic (as defined in 
     section 112 of the Arctic Research and Policy Act of 1984 (15 
     U.S.C. 4111)). The report shall include--
       (1) a description of equipment and assets available for 
     response under the vessel response plans approved for vessels 
     operating in the area covered by such Captain of the Port 
     Zone;
       (2) a description of the locations of such equipment and 
     assets, including an estimate of the time necessary to deploy 
     such equipment and assets;
       (3) a determination regarding how effectively such 
     equipment and assets are distributed throughout such Captain 
     of the Port Zone;
       (4) a determination regarding whether the ability to deploy 
     such equipment and assets is taken into account when 
     measuring the equipment and assets available;
       (5) a validation of the port assessment visit process and a 
     verification of the response resource inventory; and
       (6) a description of the resources needed by the Coast 
     Guard to conduct port assessments, exercises, response plan 
     review, and spill responses in such Captain of the Port Zone.

     SEC. 5510. ASSESSMENT OF PUBLIC COMMENTS ON ADDITIONAL 
                   ANCHORAGES ON THE HUDSON RIVER.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commandant of the Coast Guard 
     shall--
       (1) assess the public comments received by the Coast Guard 
     on proposals to establish additional anchorages on the Hudson 
     River between Yonkers, New York, and Kingston, New York; and
       (2) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on such assessment, including--
       (A) a detailed summary of concerns raised in such comments 
     about the economic, safety, and environmental impacts of such 
     additional anchorages on the communities bordering the Hudson 
     River between Yonkers, New York, and Kingston, New York, 
     including impacts of such anchorage grounds to sites listed 
     on the National Priorities List under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) and areas designated as 
     critical habitat of species listed as endangered species 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (B) the response of the Coast Guard to such concerns.
       (b) Restriction.--The Commandant may not establish any of 
     the anchorages described in subsection (a) before the end of 
     the 180-day period beginning on the date of the submission of 
     the report under subsection (a)(2).

     SEC. 5511. PUBLIC SAFETY ANSWERING POINTS AND MARITIME SEARCH 
                   AND RESCUE COORDINATION.

       Not later than 180 days after the date of the enactment of 
     this Act--
       (1) the Secretary of the department in which the Coast 
     Guard is operating acting through the Commandant of the Coast 
     Guard shall review Coast Guard policies and procedures for 
     public safety answering points and search-and-rescue 
     coordination with State and local law enforcement entities in 
     order to--
       (A) further minimize the possibility of maritime 911 calls 
     being improperly routed; and
       (B) assure the Coast Guard is able to effectively carry out 
     the Coast Guard's maritime search and rescue mission; and
       (2) the Commandant shall formulate a national maritime 
     public safety answering points policy and submit a report to 
     the Congress on that subject.

     SEC. 5512. DOCUMENTATION OF ``AMERICA'S FINEST''.

       Notwithstanding sections 12112 and 12113 of title 46, 
     United States Code, the Secretary of the department in which 
     the Coast Guard is operating may issue a certificate of 
     documentation with a coastwise and a fishery endorsement for 
     the vessel America's Finest (United States official number 
     1276760).

         DIVISION F--FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

     SEC. 6001. SHORT TITLE.

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

     SEC. 6002. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY.

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

     SEC. 6003. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES.

       (a) Establishment.--Not later than 30 days after the date 
     of enactment of this Act, the Administrator shall begin, 
     acting through the National Advisory Council, a comprehensive 
     study relating to disaster costs and losses and Federal 
     disaster assistance.
       (b) Additional Membership.--For the purposes of the 
     comprehensive study required under subsection (a), as soon as 
     practicable after the date of enactment of this Act, the 
     Administrator shall appoint the following members to the 
     National Advisory Council:
       (1) Individuals who have the requisite technical knowledge 
     and expertise on issues related to disaster costs and losses.
       (2) Representatives of the insurance industry.
       (3) Experts in and representatives of the construction and 
     building industry.
       (4) Individuals nominated by national organizations 
     representing State, local, and Tribal governments and 
     personnel.
       (5) Academic experts.
       (6) Representatives of the private industry, such as 
     vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for emergency 
     management services.
       (7) Other members, as the Administrator considers 
     appropriate.
       (c) Consultation With Nonmembers.--For the purposes of the 
     comprehensive study required under subsection (a), the 
     National Advisory Council shall consult with other relevant 
     agencies and entities that are not represented on the 
     National Advisory Council to consider research, data, 
     findings, recommendations, innovative technologies, and 
     developments, including--
       (1) entities engaged in federally funded research; and
       (2) academic institutions engaged in relevant work and 
     research.
       (d) Study Requirements.--Not later than 120 days after the 
     date of enactment of this Act, the National Advisory Council 
     shall convene to evaluate disaster costs and losses and 
     Federal disaster assistance, including consideration of the 
     following:
       (1) Trends and contributing factors.--An assessment of 
     trends, and factors contributing to such trends (such as 
     shifting demographics and aging infrastructure), in disaster 
     costs and losses and Federal disaster assistance, including 
     the following:
       (A) Loss of life and injury.
       (B) Property damage and other costs to individuals, the 
     private sector, and each level of government.
       (C) Presidentially declared disasters.
       (D) Disaster assistance available from all Federal sources.
       (2) Disaster roles and responsibility.--Fundamental 
     principles that drive national disaster assistance decision 
     making, including the appropriate roles for each level of 
     government, the private sector, and individuals.
       (e) Recommendations.--The National Advisory Council shall 
     develop recommendations to reduce disaster costs and losses 
     in the United States and to more efficiently and effectively 
     deliver Federal disaster assistance, including consideration 
     of the following:
       (1) Actions to enhance national disaster assistance 
     decision making.
       (2) Incentives, including tax incentives, to reduce 
     disaster costs and losses and promote a more efficient and 
     effective use of Federal disaster assistance.
       (3) Mechanisms to promote disaster cost and loss reduction, 
     mitigation, and resiliency.
       (4) Legislative proposals, including proposals for 
     implementing the recommendations in the report compiled 
     pursuant to the requirement in section 1111 of the Sandy 
     Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat. 
     49).
       (5) Legal, societal, geographic, technological, and other 
     challenges to implementation of recommendations.
       (6) Projected dollar savings and efficiencies, including 
     measures of effectiveness, from recommendations.
       (f) Report to Administrator and Congress.--Not later than 1 
     year after the National Advisory Council convenes under 
     subsection (d), the National Advisory Council shall submit a 
     report containing the data, analysis, and recommendations 
     developed under subsections (d) and (e) to--
       (1) the Administrator;
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (g) Availability of Information.--The Administrator shall 
     make the data collected

[[Page H6107]]

     pursuant to this section publicly available on the website of 
     the Agency.

     SEC. 6004. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

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

     SEC. 6005. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.

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

     SEC. 6006. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING 
                   TO EARTHQUAKES AND TSUNAMIS.

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

     SEC. 6007. AUTHORITIES.

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

     SEC. 6008. CENTER FOR FAITH-BASED AND NEIGHBORHOOD 
                   PARTNERSHIPS.

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

     ``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, training, and exercises and 
     Departmental capabilities available to assist faith-based and 
     community organizations to secure their facilities against 
     natural disasters, acts of terrorism, and other man-made 
     disasters;
       ``(4) facilitate engagement and coordination among the 
     emergency management community and faith-based and community 
     organizations;
       ``(5) deliver training and technical assistance to faith-
     based and community-based organizations and provide subject-
     matter expertise related to anti-human trafficking efforts to 
     help communities successfully partner with other Blue 
     Campaign components; and
       ``(6) perform any other duties as assigned by the 
     Administrator.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is further amended by inserting after the 
     item relating to section 528 the following:

``Sec. 529. Center For Faith-Based And Neighborhood Partnerships.''.

     SEC. 6009. EMERGENCY SUPPORT FUNCTIONS.

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

     SEC. 6010. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.

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

     SEC. 6011. REMEDIAL ACTION MANAGEMENT PROGRAM.

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

     ``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. 6012. CENTER FOR DOMESTIC PREPAREDNESS.

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

[[Page H6108]]

     Agency, including, as necessary, information on additional 
     resources or authority needed to implement such 
     recommendations.
       (b) Comptroller General Review.--Not later than one year 
     after the date of the enactment of this section, the 
     Comptroller General of the United States shall review and 
     report to Congress on the status of the implementation plan 
     required by subsection (a) and the governance structure at 
     the Chemical, Ordnance, Biological and Radiological Training 
     Facility of the Center for Domestic Preparedness of the 
     Federal Emergency Management Agency.

     SEC. 6013. FEMA SENIOR LAW ENFORCEMENT ADVISOR.

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

     ``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, as amended by this 
     Act, is further amended by inserting after the item relating 
     to section 529 the following new item:

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

     SEC. 6014. TECHNICAL EXPERT AUTHORIZED.

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

     SEC. 6015. MISSION SUPPORT.

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

     SEC. 6016. SYSTEMS MODERNIZATION.

       Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Federal Emergency 
     Management Agency shall submit to the Committee on Homeland 
     Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report on the Federal Emergency Management 
     Agency's efforts to modernize its grants and financial 
     information technology systems, including the following:
       (1) A summary of all previous efforts to modernize such 
     systems.
       (2) An assessment of long-term cost savings and 
     efficiencies gained through such modernization effort.
       (3) A capability needs assessment.
       (4) Estimated quarterly costs.
       (5) Estimated acquisition life-cycle dates, including 
     acquisition decision events.

     SEC. 6017. STRATEGIC HUMAN CAPITAL PLAN.

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

     SEC. 6018. OFFICE OF DISABILITY INTEGRATION AND COORDINATION 
                   OF DEPARTMENT OF HOMELAND SECURITY.

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

     ``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) coordinate with the technical expert on the needs of 
     children within the Agency to provide guidance and 
     coordination on matters related to children with disabilities 
     in emergency planning requirements and relief efforts in the 
     event of a natural disaster, act of terrorism, or other man-
     made disaster;
       ``(5) consult with organizations representing individuals 
     with disabilities about access and functional needs in 
     emergency planning requirements and relief efforts in the 
     event of a natural disaster, act of terrorism, or other man-
     made disaster;
       ``(6) ensure the coordination and dissemination of best 
     practices and model evacuation plans for individuals with 
     disabilities;
       ``(7) collaborate with Agency leadership responsible for 
     training to ensure that qualified experts develop easily 
     accessible training materials and a curriculum for the 
     training of emergency response providers, State, local, and 
     Tribal government officials, and others on the needs of 
     individuals with disabilities;
       ``(8) coordinate with the Emergency Management Institute, 
     Center for Domestic Preparedness, Center for Homeland Defense 
     and Security, U.S. Fire Administration, National Exercise 
     Program, and National Domestic Preparedness Consortium to 
     ensure that content related to persons with disabilities, 
     access and functional needs, and children are integrated into 
     existing and future emergency management trainings;
       ``(9) promote the accessibility of telephone hotlines and 
     websites regarding emergency preparedness, evacuations, and 
     disaster relief;
       ``(10) work to ensure that video programming distributors, 
     including broadcasters, cable operators, and satellite 
     television services, make emergency information accessible

[[Page H6109]]

     to individuals with hearing and vision disabilities;
       ``(11) ensure the availability of accessible transportation 
     options for individuals with disabilities in the event of an 
     evacuation;
       ``(12) provide guidance and implement policies to ensure 
     that the rights and feedback of individuals with disabilities 
     regarding post-evacuation residency and relocation are 
     respected;
       ``(13) ensure that meeting the needs of individuals with 
     disabilities are included in the components of the national 
     preparedness system established under section 644 of the 
     Post-Katrina Emergency Management Reform Act of 2006 (Public 
     Law 109-295; 120 Stat. 1425; 6 U.S.C. 744); and
       ``(14) perform any other duties as assigned by the 
     Administrator.
       ``(d) Director.--After consultation with organizations 
     representing individuals with disabilities, the Administrator 
     shall appoint a Director. The Director shall report directly 
     to the Administrator, in order to ensure that the needs of 
     individuals with disabilities are being properly addressed in 
     emergency preparedness and disaster relief.
       ``(e) Organizations Representing Individuals With 
     Disabilities Defined.--For purposes of this section, 
     `organizations representing individuals with disabilities' 
     shall mean the National Council on Disabilities and the 
     Interagency Coordinating Council on Preparedness and 
     Individuals with Disabilities, among other appropriate 
     disability organizations.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     section 513 and inserting the following new item:

``513. Office of Disability Integration and Coordination.''.

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

     SEC. 6019. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY 
                   MANAGEMENT.

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

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

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

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

       (ii) in subparagraph (B), by striking ``National Response 
     Plan'' and inserting ``National Response Framework'';
       (7) in section 510 (6 U.S.C. 320)--
       (A) in subsection (a), by striking ``enter into a 
     memorandum of understanding'' and inserting ``partner'';
       (B) in subsection (b)(1)(A), by striking ``National 
     Response Plan'' and inserting ``National Response 
     Framework''; and
       (C) in subsection (c), by striking ``National Response 
     Plan'' and inserting ``National Response Framework'';
       (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking 
     ``and local'' each place it appears and inserting ``, local, 
     and Tribal'';
       (9) by striking section 524 (6 U.S.C. 321m); and
       (10) in section 525(a) (6 U.S.C. 321n), by striking 
     ``Secretary'' and inserting ``Administrator''.
       (b) Post-Katrina Emergency Management Reform Act of 2006.--
       (1) Citation correction.--Section 602(13) of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     701(13)) is amended by striking ``502(a)(6)'' and inserting 
     ``504(a)(6)''.
       (2) Change of reference.--Chapter 1 of subtitle C of title 
     VI of the Post-Katrina Emergency Management Reform Act of 
     2006 (Public Law 109-295) is amended by striking ``National 
     Response Plan'' each place it appears and inserting 
     ``National Response Framework''.
       (c) Savings Clause.--The amendments made by subsection (a) 
     to section 503(b)(2)(A) and paragraphs (3) and (4) of section 
     504(a) of the Homeland Security Act of 2002 shall not be 
     construed as affecting the authority, existing on the day 
     before the date of enactment of this division, of any other 
     component of the Department of Homeland Security or any other 
     Federal department or agency.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentleman from Mississippi (Mr. Thompson) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include any extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of the Department of 
Homeland Security Authorization Act of 2017.
  Mr. Speaker, the American people are reminded about the threats 
facing our country on a daily basis. When they turn on the TV or pick 
up the newspaper, they learn about the latest terror attack or plot, 
foreign governments engaged in cyber warfare, and drug smugglers and 
human traffickers relentlessly trying to creep across our border and 
infect our neighborhoods.
  Our adversaries are determined and agile. They wish to strike our 
homeland and disrupt our way of life. They are constantly calling for 
new attacks to be carried out against Americans with any weapons they 
have available.
  To stay ahead of our enemies, we need a national security apparatus 
that is best set up for success and can adapt to new challenges as they 
arise.
  After the 9/11 attacks, the creation of the Department of Homeland 
Security was necessary to help confront the threats at that time. 
Unfortunately, Congress has never reauthorized DHS since it was 
created. This is just simply unacceptable, and that is why eight 
committee chairmen signed a memorandum of understanding at the 
beginning of the year stating: ``The Department of Homeland Security 
and its components should be authorized on a regular basis to ensure 
robust oversight and improve its operation.''
  If we are going to keep America safe, we must reform and improve DHS

[[Page H6110]]

through a first-ever comprehensive reauthorization. The legislation 
before us today accomplishes several goals.
  First, it reasserts Congress' Article I authority granted by the 
Constitution to write laws and give discretion to the Department. 
Congress has abdicated its role and responsibility in providing 
comprehensive legislative direction since 2002, and has ceded power to 
the executive branch. This legislation will fix that.
  Second, it creates efficiencies by eliminating, consolidating, and 
streamlining programs and offices. With dangers gathering and the 
terrorist threat evolving, we need the most nimble DHS possible for the 
Secretary to lead and carry out the Department's vital mission.
  Third, this bill protects American taxpayers by making DHS more 
accountable. Through new cost-efficiency efforts, we will be able to 
provide the funds necessary to keep our country safe while identifying 
and eliminating government waste.
  Fourth, our legislation will support our frontline defenders and 
first responders. This bill will provide the tools and training needed 
to defeat emerging threats through important grant programs while also 
allowing DHS to better focus on recruiting and training a qualified 
workforce.
  Finally, it improves America's security. Specifically, this 
reauthorization will: strengthen the Department's ability to deny 
terrorists entry into the United States; ensure that Federal agencies 
meet readiness standards to respond to terror attacks and natural 
disasters; expand TSA's use of explosive detection technology and 
bolster security at last points of departure; it will also modernize 
and replace outdated Coast Guard vessels; it will prioritize 
investigations of cross-border crimes, including human trafficking, 
cybercrimes, and drug smuggling.
  These are necessary measures that we, as Congress, must take to fight 
back against the array of ever-changing threats. This legislation is a 
commonsense and bipartisan bill that is long overdue. It also enjoys 
strong backing from the administration.
  In testimony given to my committee, Secretary Kelly stated: ``This is 
an important endeavor which will provide the Department with the 
authorities it needs to carry out its mission.''
  And just recently today in an op-ed that ran this morning in support 
of this bill, Secretary Kelly wrote: ``There is no more important 
mission--no duty more sacred--than protecting the people of the United 
States, and I strongly encourage Members in both parties to support 
this legislation.''
  Protecting our homeland and keeping American families safe are shared 
goals that should bring both parties together, not push us apart, and a 
comprehensive reauthorization of the Department of Homeland Security 
will be a major bipartisan accomplishment and an example of what we can 
achieve when we put the safety and security of our country ahead of 
partisan politics.
  Mr. Speaker, I would like to thank the majority leader for all his 
efforts to help bring this to the floor. I would also like to thank 
each of the chairmen of jurisdiction for signing the MOU, as well as 
members of the Committee on Homeland Security from both sides of the 
aisle, and the staff members who made this possible.
  Let's show our enemies that we stand united in protecting our 
country, our values, and our people. So I urge my colleagues to support 
this bill.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                  Committee on Ways and Means,

                                    Washington, DC, June 27, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: I am writing with respect to H.R. 
     2825, the ``Department of Homeland Security Authorization Act 
     of 2017.'' This bill contains provisions within the Rule X 
     jurisdiction of the Committee on Ways and Means.
       The Committee on Ways and Means will not seek a sequential 
     referral on H.R. 2825 so that it may proceed expeditiously to 
     the House floor for consideration. This is done with the 
     understanding that the jurisdictional interests of the 
     Committee on Ways and Means over this and similar legislation 
     are in no way diminished or altered. In addition, the 
     Committee reserves the right to seek conferees on H.R. 2825 
     and requests your support when such a request is made.
       I would appreciate your response confirming this 
     understanding with respect to H.R. 2825 and ask that a copy 
     of our exchange of letters on this matter be included in the 
     Congressional Record during consideration of the bill on the 
     House floor.
           Sincerely,
                                                      Kevin Brady,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 27, 2017.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Chairman Brady: Thank you for your letter regarding 
     H.R. 2825, the ``Department of Homeland Security 
     Authorization Act of 2017.'' I appreciate your support in 
     bringing this very important legislation reauthorizing the 
     Department of Homeland Security before the House of 
     Representatives, and appreciate the willingness of the 
     Committee on Ways and Means to forego seeking a sequential 
     referral.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral on this 
     bill at this time, the Committee on Ways and Means does not 
     waive any jurisdiction over the subject matter contained in 
     this bill or similar legislation in the future. In addition, 
     should a conference on this bill be necessary, I would 
     support your request to have the Committee on Ways and Means 
     represented on the conference committee for provisions within 
     your jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
     Chairman, Committee on Homeland Security.
                                  ____

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                    Washington, DC, June 23, 2017.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
        Dear Chairman McCaul:  I write concerning H.R. 2825, the 
     ``Department of Homeland Security Authorization Act of 
     2017.'' This legislation includes matters that fall within 
     the Rule X jurisdiction of the Committee on Transportation 
     and Infrastructure.
       In order to expedite Floor consideration of H.R. 2825, the 
     Committee on Transportation and Infrastructure will forgo 
     action on this bill. However, this is conditional on our 
     mutual understanding that forgoing consideration of the bill 
     does not prejudice the Committee with respect to the 
     appointment of conferees or to any future jurisdictional 
     claim over the subject matters contained in the bill or 
     similar legislation that fall within the Committee's Rule X 
     jurisdiction. I appreciate you working with us on the text of 
     the bill and request you urge the Speaker to name members of 
     the Committee to any conference committee named to consider 
     such provisions.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interest in the 
     Congressional Record during House Floor consideration of the 
     bill. I look forward to working with the Committee on 
     Homeland Security as the bill moves through the legislative 
     process.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

         House of Representatives, Committee on Homeland Security,
                                    Washington, DC, June 27, 2017.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter regarding 
     H.R. 2825, the ``Department of Homeland Security 
     Authorization Act of 2017.'' I appreciate your support in 
     bringing this very important legislation reauthorizing the 
     Department of Homeland Security before the House of 
     Representatives, and appreciate the willingness of the 
     Committee on Transportation and Infrastructure to forego 
     seeking a sequential referral.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral on this 
     bill at this time, the Committee on Transportation and 
     Infrastructure does not waive any jurisdiction over the 
     subject matter contained in this bill or similar legislation 
     in the future. In addition, should a conference on this bill 
     be necessary, I would support your request to have the 
     Committee on Transportation and Infrastructure represented on 
     the conference committee for provisions within your 
     jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
     Chairman, Committee on Homeland Security.
                                  ____

                                        Committee on Oversight and


                                            Government Reform,

                                    Washington, DC, June 22, 2017.
      Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Mr. McCaul: I am writing to you concerning the 
     jurisdictional interests of the Committee on Oversight and 
     Government Reform in H.R. 2825, the ``Department of

[[Page H6111]]

     Homeland Security Authorization Act of 2017,'' which was 
     ordered reported favorably to the House by the Committee on 
     Homeland Security on June 14, 2017.
       Our committee recognizes the importance of H.R. 2825 and 
     the need for the legislation to move expeditiously, 
     notwithstanding my recent investiture as the Chair of the 
     Oversight Committee one week ago. Therefore, while we have 
     identified matters of jurisdictional interest to the 
     Oversight Committee in the bill, I do not intend to request a 
     sequential referral. This, of course, is conditional on our 
     mutual understanding that nothing in this legislation or my 
     decision to forego a sequential referral waives, reduces, or 
     otherwise affects the jurisdiction of the Committee on 
     Oversight and Government Reform.
       The Oversight Committee's jurisdictional claim stems from 
     the presence of numerous provisions in H.R. 2825 that 
     directly implicate the Committee's jurisdiction as defined in 
     House Rule X. Specifically, the bill as ordered reported 
     includes provisions concerning and even amending title 5, 
     title 41 and other cross-cutting issues involving the 
     government writ large, as well as issues that implicate 
     congressional oversight and access. Just as the Committee has 
     jurisdiction over legislation that establishes government-
     wide requirements or adds agencies or elements to those 
     requirements, the Committee necessarily has jurisdiction over 
     legislation that does the reverse--creating exceptions to or 
     otherwise adversely impacting the applicability of existing 
     government-wide requirements.
       I ask that a copy of this letter and your response 
     acknowledging our jurisdictional interest be included in the 
     Committee Report and as part of the Congressional Record 
     during consideration of this bill by the House. The Committee 
     on Oversight and Government Reform also asks that you support 
     our request to be conferees on the provisions over which we 
     have jurisdiction during any House-Senate conference.
       I look forward to working with you in my new capacity as 
     chair of the Oversight Committee. The Committee has been, and 
     remains, open to working with the Committee on Homeland 
     Security to ensure that the Committee on Homeland Security 
     and the federal government as a whole are best equipped to 
     address any and all national security challenges, through 
     robust oversight and improved operations of the Department of 
     Homeland Security.
       Thank you for your consideration in this matter.
           Sincerely,
                                                       Trey Gowdy,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 27, 2017.
     Hon. Trey Gowdy,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Gowdy: Thank you for your letter regarding 
     H.R. 2825, the ``Department of Homeland Security 
     Authorization Act of 2017.'' Congratulations on recently 
     becoming Chairman of the Oversight and Government Reform 
     Committee. I appreciate your support in bringing this very 
     important legislation reauthorizing the Department of 
     Homeland Security before the House of Representatives, and 
     appreciate the willingness of the Committee on Oversight and 
     Government Reform to forego seeking a sequential referral.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral on this 
     bill at this time, the Committee on Oversight and Government 
     Reform does not waive any jurisdiction over the subject 
     matter contained in this bill or similar legislation in the 
     future. In addition, should a conference on this bill be 
     necessary, I would support your request to have the Committee 
     on Oversight and Government Reform represented on the 
     conference committee for provisions within your jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
     Chairman, Committee on Homeland Security.
                                  ____

                                      Committee on Science, Space,


                                               and Technology,

                                    Washington, DC, July 19, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 2825, the 
     ``Department of Homeland Security Authorization Act of 
     2017,'' which was introduced on June 8, 2017.
       H.R. 2825 contains provisions within the Committee on 
     Science, Space, and Technology's Rule X jurisdiction. In 
     order to expedite this bill for floor consideration, the 
     Committee on Science, Space, and Technology will forego 
     action on the bill. This is being done on the basis of our 
     mutual understanding that doing so will in no way diminish or 
     alter the jurisdiction of the Committee on Science, Space, 
     and Technology with respect to the appointment of conferees, 
     or to any future jurisdictional claim over the subject 
     matters contained in the bill or similar legislation.
       I would appreciate your response to this letter confirming 
     this understanding, and would request that you include a copy 
     of this letter and your response in the Congressional Record 
     during the floor consideration of this bill. Thank you in 
     advance for your cooperation.
           Sincerely,
                                                      Lamar Smith,
     Chairman.
                                  ____

         Committee on Homeland Security,
                                    Washington, DC, July 19, 2017.
     Hon. Lamar Smith,
     Chairman, Committee on Science, Space, and Technology, 
         Washington, DC.
       Dear Chairman Smith: Thank you for your letter regarding 
     H.R. 2825, the ``Department of Homeland Security 
     Authorization Act of 2017.'' I appreciate your support in 
     bringing this very important legislation reauthorizing the 
     Department of Homeland Security before the House of 
     Representatives, and appreciate the willingness of the 
     Committee on Science, Space, and Technology to forego seeking 
     a sequential referral.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral on this 
     bill at this time, the Committee on Science, Space, and 
     Technology does not waive any jurisdiction over the subject 
     matter contained in this bill or similar legislation in the 
     future. In addition, should a conference on this bill be 
     necessary, I would support your request to have the Committee 
     on Science, Space, and Technology represented on the 
     conference committee for provisions within your jurisdiction.
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,
                                                Michael T. McCaul,
                         Chairman, Committee on Homeland Security.

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in support of H.R. 2825, the Department of 
Homeland Security Authorization Act of 2017.
  Mr. Speaker, most Americans give little thought to the range of 
activities that the Department of Homeland Security undertakes every 
day to safeguard our Nation. Consideration of this legislation today 
provides us with the opportunity to take a moment to not only 
acknowledge the contributions of the 240,000 men and women who serve at 
the Department but to consider what DHS does on a daily basis.
  On any given day, the Transportation Security Administration screens 
2 million air passengers and 1 million bags. The Federal Protective 
Service protects 1.4 million people who visit and work in Federal 
buildings. The U.S. Customs and Border Protection screens 282,000 
vehicles, 72,000 truck, rail, and maritime containers. The U.S. Coast 
Guard seizes and removes over 1,000 pounds of drugs and saves more than 
10 lives in search and rescue operations daily.
  The Secret Service provides physical protection to the Nation's 
highest elected leaders, visiting foreign dignitaries, facilities, and 
major events. And the National Cybersecurity and Communications 
Integration Center issues 50 cyber warnings and blocks nearly 2,000 
intrusions.
  This list of activities is not, by any means, exhaustive, but I think 
it is important for Members to keep in mind what DHS does every day, as 
we consider H.R. 2825.
  A central focus of this legislation is improving operations within 
the DHS by, among other things, bolstering acquisition management, 
employee engagement, policymaking, stakeholder engagement, and civil 
rights and civil liberties.
  Additionally, H.R. 2825 seeks to enhance DHS' counterterrorism and 
intelligence efforts and the sharing of threat information with State, 
local, and regional fusion centers.
  I am particularly pleased that H.R. 2825 rejects the Trump 
administration's proposed cuts to assistance to State and local 
jurisdictions. Not only does H.R. 2825 authorize homeland security 
first responder grants, training, and exercises, but it also restores 
funding for two critical TSA programs: the Law Enforcement Grant 
Program and the program to fund security staffing at airport exit 
lanes.
  With respect to the Urban Area Security Initiative Grant Program, it 
authorizes funding at $800 million, which is $350 million above 
President Donald Trump's request. For the State Homeland Security Grant 
Program, it authorizes $600 million, which is $250 million above 
President Donald Trump's request.
  Additionally, the Transit Security, Port Security, Nonprofit 
Security, and

[[Page H6112]]

Stonegarden Grant Programs are authorized at levels well above 
President Donald Trump's request.
  When it comes to securing our Nation, the American public expects DHS 
to make smart investments. H.R. 2825 seeks to ensure that the policies 
and protections are in place to do just that.
  It has been almost 15 years since 22 agencies were thrust together to 
create the third largest Federal department. Since that time, DHS has 
never been reauthorized.
  Today, I urge my colleagues to join me in supporting this measure, 
which gives DHS the direction and support it needs to safeguard our 
Nation.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Pennsylvania (Mr. Shuster), the chairman of the 
Transportation and Infrastructure Committee, and I want to thank him 
for working with me in getting to this day.
  Mr. SHUSTER. Mr. Speaker, I rise in support of H.R. 2825, and I want 
to commend and congratulate my two good friends, Chairman McCaul and 
Ranking Member Thompson, and the members of the Homeland Security 
Committee and their staff for their work on this important bill.
  This Congress, eight committee chairmen agreed to work together on 
the Department of Homeland Security reauthorization. I did so because 
securing our Nation's homeland is extremely important to the American 
people. I also believe it is our duty to work together to support 
fellow chairmen on their priorities, especially large reauthorizations 
like this.
  The Transportation and Infrastructure Committee marked up two 
authorizations in our jurisdiction that are included in this bill: the 
U.S. Coast Guard and the Federal Emergency Management Agency.
  The Coast Guard authorization supports service missions to enforce 
all Federal laws on the high seas and in U.S. waters. It does so by 
providing a variety of acquisition authorities to help lower costs, 
requiring a land-based unmanned aircraft system program, eliminating 
redundant training requirements, and providing the Coast Guard parity 
with other armed services in matters related to healthcare and 
retirement.
  On FEMA, the bill provides the first ever reauthorization of the 
agency to ensure accountability and strong congressional oversight. It 
includes a number of provisions to help address 21st century challenges 
to disaster preparedness and response and to support energy response 
personnel.
  Both of our reauthorizations were bipartisan efforts and approved 
with bipartisan support. Again, I thought it was important to move 
these measures through the Committee on Transportation and 
Infrastructure to support Chairman McCaul and Ranking Member Thompson 
and their legislative priorities. I want to thank them both again for 
their work. I urge my colleagues to support this bill.

                              {time}  0930

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Florida (Mrs. Demings).
  Mrs. DEMINGS. Mr. Speaker, I rise today in support of this bill, and 
particularly the provision that creates a new competitive grant program 
designed to preserve core capability gains achieved with previous Urban 
Area Security Initiative, UASI, grant funding.
  The UASI program provides critical Federal support to local law 
enforcement in large metropolitan areas to help them protect their 
residents and visitors. I was the police chief in Orlando when Orlando 
was initially approved for UASI funding, and, therefore, I know 
firsthand how critical such Federal support is to Orlando and other 
large metropolitan areas.
  Orlando, a number one destination, is now where an ISIS-inspired 
terrorist took the lives of 49 people and injured many more, the 
deadliest in our Nation's history.
  As first responders from my district responded to the scene, the 
dedicated staff and analysts of the Central Florida Intelligence 
Exchange, CFIX, a member of DHS' National Network of Fusion Centers, 
sprung into action together and shared information. Together, the 
courageous first responders and CFIX saved lives and helped to quickly 
identify the perpetrator.
  The capabilities that led to their successful response were created 
through previous grant investments, in particular, the Urban Area 
Security Initiative. Unfortunately, such Federal funding capabilities 
and preparedness can be severely diminished or even lost.
  My concern is this: What will happen to the capabilities developed 
with previous grant support now that the funding is no longer 
available?
  The bill today would create a $39 million competitive grant program 
for former UASI cities and would make sure that core capability gains 
achieved with previous grant funding were supported and maintained.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. I yield an additional 1 minute to the 
gentlewoman from Florida.
  Mrs. DEMINGS. Mr. Speaker, as Secretary Kelly acknowledged before the 
Committee on Homeland Security last month, the threat of terrorism has 
metastasized around the country. Whether it is New York City, the 
largest municipality in the country, or some other small town in the 
middle of Arkansas, the potential is about the same, in my view, for a 
lone-wolf attack. That was how the Secretary described it last week, 
and I could not agree with him more. The demands on local law 
enforcement are even more increasing, ever changing, and more complex.
  Mr. Speaker, I thank the chairman of the Homeland Security Committee 
and our ranking member for their vision and commitment to keeping our 
homeland safe. Do we have any greater purpose?
  Reauthorization of the Department is long overdue and I commend the 
Chairmen and Ranking Members for their commitment to working together, 
in a bipartisan fashion, to accomplish what had not been possible for 
so many years.
  Mr. Speaker, I rise today in support of this bill and particularly 
the provision that creates a new competitive grant program designed to 
preserve core capability gains achieved with previous Urban Area 
Security Initiative (UASI) grant support.
  The UASI program provides critical federal support to local law 
enforcement in large metropolitan areas to help them protect their 
residents and visitors.
  I was the police chief when Orlando was initially approved for UASI 
funding and, therefore, I know firsthand how critical such federal 
support is to Orlando and other large metropolitan areas.
  Orlando, a number one destination, is now where an ISIS-inspired 
terrorist took the lives of 49 people and injured many more.
  As first responders from my district responded to the scene, the 
dedicated staff and analysts at the Central Florida Intelligence 
Exchange (CFIX)--a member of DHS' National Network of Fusion Centers--
sprung to action to gather and share information.
  Together, the courageous first responders and CFIX saved lives and 
helped identify the perpetrator.
  The capabilities that led to their successful response were created 
through previous grant investments, in particular the Urban Area 
Security Initiative.
  Unfortunately, such federally funded capacities and preparedness can 
be severely diminished or even lost.
  My concern is this: what will happen to the capabilities developed 
with previous grant support now that funding is no longer available?
  The bill before us today would create a $39 million competitive grant 
program for former UASI cities, and would make sure that core 
capability gains achieved with previous federal grant support are 
maintained.
  As Secretary Kelly acknowledged before the Committee on Homeland 
Security last month, the threat of terrorism ``has metastasized around 
the country, whether it's New York City, the largest municipality in 
the [ ] country, or some little town in the middle of Arkansas, the [ ] 
potential is about the same in my view for a lone wolf attack.''--that 
was how the Secretary described it last week.
  My constituents in Florida know, all too well, the truth of the 
Secretary's words.
  No city in America can afford to go backwards; to lose ground on 
preparedness.
  The demands on local law enforcement are ever increasing, ever 
changing, and more complex than ever before. The federal government 
must continue to be a strong partner to local law enforcement who are 
our first line of defense.
  I thank the Chairman of the Committee on Homeland Security for his 
support of this program
  The bill would also require the Government Accountability Office to 
perform an independent review of the risk formula and award

[[Page H6113]]

processes for the UASI program, as well as the State Homeland Security 
Grant Program.
  The preparedness of urban areas and the threats they face has changed 
since the programs were created after the 9/11 attacks, and this report 
will assess the current process used to collect and evaluate threat 
information in order to ensure grant funds are provided where they are 
needed most.
  I am also pleased that this bill would reject a proposal, put forth 
earlier this year by President Trump in his first budget, which called 
for transitioning almost 1,100 Transportation Security Officers 
currently staffing airport exit lanes to security checkpoints.
  The elimination of exit lane staffing in budget proposal is 
problematic for a few reasons.
  First, exit lane staffing responsibilities and expenses would be 
shifted to local airport authorities. The primary responsibility for 
security of the traveling public should remain in the hands of the TSA.
  Second, elimination of such staffing would directly contradict the 
statutory language of the Bipartisan Budget Agreement of 2013 that 
requires TSA to monitor passenger exit points from the sterile areas of 
airports.
  As a former Captain of the Airport Division of the Orlando Police 
Department, and a 27-year veteran of law enforcement, I can tell you: 
There is no question about it. TSA is responsible for exit lane 
staffing.
  Eliminating federal exit lane staffing would not enhance our nation's 
security, and doing so would be a contravention of the existing 
statutory requirement.
  I offered an amendment in the Homeland Security Committee, which was 
accepted, that explicitly authorizes funding at the Fiscal Year (FY) 
2017 level for exit lane coverage through Fiscal Year 2019.
  As a result, the bill before us today sends a clear message to the 
Administration that we will not stand for TSA attempting to foist its 
Congressionally-mandated duties onto its local partners.
  Again, I thank the Chairman of the Committee on Homeland Security for 
his support of these measures, and I thank Ranking Member Thompson for 
his vision and commitment to keeping our homeland safe. Do we have any 
other greater purpose?
  I urge my colleagues to support the bill.
  Mr. McCAUL. Mr. Speaker, I yield 2 minutes to the gentleman from 
Virginia (Mr. Goodlatte), chairman of the Judiciary Committee, and I 
want to thank him for his close coordination in getting to this day.
  Mr. GOODLATTE. Mr. Speaker, I thank the chairman of the Homeland 
Security Committee for yielding and for his longtime work on this 
authorization.
  Authorizing all of the Cabinet Departments is important, but it is 
crucial that Congress reauthorize the Department of Homeland Security. 
The American people must have faith that DHS will serve to protect this 
Nation, and this authorization demonstrates Congress' commitment to the 
critical missions being performed daily by this diverse Department.
  This bill is the product of collaboration between several committees, 
and the Judiciary Committee greatly contributed to this bill as it 
authorizes three component agencies within the jurisdiction of the 
Judiciary Committee: the United States Immigration and Customs 
Enforcement, the United States Citizenship and Immigration Services, 
and the United States Secret Service.
  Make no mistake: we authorize the Department and its agencies to 
carry out each and every duty and utilize every tool necessary to keep 
America safe. While the bill does contain much of the authorizing 
language as reported out of the Judiciary Committee, it does not 
reflect all of our important work on the ICE and USCIS authorizations. 
It is critical that these two DHS components have all the tools 
necessary to carry out their functions. H.R. 2825 should have 
explicitly included such tools as the clear congressional intent to 
ensure that these agencies have them at their disposal in order to 
enforce the laws.
  I do support this bill because it is an important step in ensuring 
that ICE and USCIS can continue to perform at a very high level. This 
Congress must soon finish the job, however, and ensure that these 
agencies have the resources and legislative support that they need to 
enforce our immigration laws in the interior of the United States.
  The House must pass the Judiciary Committee's enforcement bills, 
including the Davis-Oliver Act, the Protection of Children Act, the 
Refugee Program Integrity Restoration Act, and the Legal Workforce Act, 
among others. I intend to see these bills on the House floor in the 
near future, and I look forward to fulfilling our promise so that DHS 
can truly fulfill its mission.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from California (Ms. Barragan), who represents the largest 
container port in the Nation, the port of L.A.-Long Beach.
  Ms. BARRAGAN. Mr. Speaker, I rise today to support H.R. 2825.
  Mr. Speaker, first I want to thank my colleagues on the Homeland 
Security Committee for adopting my amendment to provide $45 million to 
reimburse local law enforcement at airports. There has been an increase 
in the tax at airports, including at my home airport of LAX, and this 
funding is vital to keeping our airports secure and our economy moving.
  Both sides compromised to move this bill forward, and the programs in 
it are critical to the security of our ports, our borders, and our 
homeland. Going forward, we can do more to add more funding at the 
ports.
  I represent America's port, the Port of Los Angeles. Our ports are 
the Nation's largest border crossings, so we must invest in funding 
security at the ports.
  The port security grants I proposed in my committee are crucial to 
the cyber and physical safety programs at the Ports of Los Angeles and 
Long Beach, and without increased funding, they have been forced to 
stop several innovative and important projects. I will continue to 
fight for increased port security funding. I am determined to fill the 
staffing and funding gaps in maritime security and give our ports what 
they need to be safe and efficient.
  Mr. Speaker, I urge my colleagues to support this reauthorization, 
but we have more work to do.
  Mr. McCAUL. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from 
New York (Mr. Donovan), chairman of the Subcommittee on Emergency 
Preparedness, Response, and Communications of the Homeland Security 
Committee.
  Mr. DONOVAN. Mr. Speaker, I rise today in strong support of H.R. 
2825, the Department of Homeland Security Authorization Act of 2017, 
which will reauthorize the Department for the very first time.
  As the chairman of the Subcommittee on Emergency Preparedness, 
Response, and Communications, I am particularly proud of title VI of 
division A, which includes provisions of my legislation, the PREPARE 
Act.
  The bill reauthorizes critical grant programs responsible for helping 
first responders while measuring the returns on these investments. It 
ensures first responders in fusion centers receive information on 
cybersecurity threats. It requires FEMA to assess how homeland security 
grant funding has closed capability gaps and provides grant recipients 
with best practices to ensure fiscally responsible use of taxpayer 
dollars. It requires the Department to consider the impact of emerging 
technology while supporting efforts to achieve national interoperable 
emergency communications.
  The grant's authorization provisions have received the support of the 
Police Commissioner of the City of New York, the International 
Association of Fire Chiefs, the National Fusion Center Association, the 
Major County Sheriffs of America, and the Conference of Mayors.
  I include these letters of support in the Record.

                                          The Police Commissioner,


                                             City of New York,

                                      New York, NY, June 12, 2017.
     Chairman Michael McCaul,
     Committee on Homeland Security, House of Representatives, 
         Washington DC.
       Dear Chairman McCaul: New York City remains the nation's 
     top terror target because of its large population, historic 
     landmarks, iconic tourist destinations, and unique 
     international status. The New York City Police Department 
     (NYPD) is steadfast in fulfilling our mission to protect 
     millions of New York City residents, as well as the millions 
     of people who work in and visit our city each year.
       The NYPD supports the new funding levels proposed in the 
     PREPARE Act. These levels reflect a willingness to ensure 
     that Law Enforcement is equipped with the tools to keep our 
     communities safe. The bill demonstrates an understanding that 
     we are safest when federal resources are focused where the 
     threats are.

[[Page H6114]]

       The PREPARE Act would provide a crucial investment in 
     homeland security preparedness, both for the safety of New 
     York City and the entire nation. This investment is 
     particularly important in light of the recent events in 
     Europe and the expressed goals of a variety of groups seeking 
     to recruit individuals from within our borders to carry out 
     mass casualty attacks. Federal funding is essential to allow 
     law enforcement to adapt to the new challenges by developing 
     innovative technology and enhanced preparedness programs, 
     like the NYPD's Counterterrorism Bureau Training Unit.
       I strongly support passage of the PREPARE Act and urge you 
     to continue to place the highest priority on protecting New 
     York and other high-threat urban areas. Increasing funding 
     for these key programs is critical to further ensuring our 
     nation's security and preparedness.
       Thank you for your continued support of the New York City 
     Police Department.
           All the best,
                                                 James P. O'Neill,
     Police Commissioner.
                                  ____

                                         International Association


                                               of Fire Chiefs,

                                       Fairfax, VA, June 13, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Chairman McCaul: On behalf of the nearly 12,000 fire 
     and emergency service leaders of the International 
     Association of Fire Chiefs (IAFC), I express our support for 
     Title VI of the amendment in the nature of a substitute to 
     the Department of Homeland Security Authorization Act of 2017 
     (H.R. 2825). This legislation will play an important role in 
     helping our nation's fire and emergency service personnel to 
     respond to the escalating number of threats that we face.
       As recent events have shown, the terrorist threat presents 
     a wide variety of tactics and techniques. For any type of 
     terrorist attack, local first responders will be the first 
     on-scene and will have to provide an immediate response. This 
     fact means that local first responders must be ready to 
     respond to explosives; active shooter incidents; complex, 
     coordinated attacks; and threats of biological or chemical 
     terrorism. The federal government can provide valuable 
     training and equipment as incentives to help states and local 
     governments develop multidisciplinary approaches to future 
     threats.
       Title VI of the substitute amendment has a number of 
     provisions that will help local first responders, including:
       Annually authorizing $800 million for the Urban Areas 
     Security Initiative (UASI) program and $600 million for the 
     State Homeland Security Grant Program (SHSGP) from Fiscal 
     Year (FY) 2018 through FY 2022.
       Allowing the use of SHSGP and UASI funds to develop medical 
     preparedness and surge capacity in case of a biological 
     attack, including medical kits to protect first responders 
     and their families;
       Protecting the grant programs, like SHSGP and UASI, from 
     consolidation by the Federal Emergency Management Agency 
     without congressional authorization;
       Authorizing a grant program to help emergency response 
     providers plan, train and prepare for complex, coordinated 
     attacks;
       Expanding the role of the Chief Medical Officer to 
     authorize the development of policies to protect first 
     responders from the medical effects of acts of terrorism; and
       Protecting the Office of Emergency Communications, which is 
     a valuable resource for improving public safety 
     communications interoperability, from elimination or 
     consolidation without congressional authorization.
       The IAFC appreciates your leadership in ensuring that local 
     first responders are prepared to mitigate the increasing 
     number of threats facing our nation. An effective response by 
     local first responders at the beginning of a terrorist attack 
     will help save lives and reduce the success of an act of 
     terrorism. This legislation will help the nation's fire and 
     EMS personnel prepare for these threats. We urge the 
     committee members to support your substitute amendment to 
     H.R. 2825.
           Sincerely,
                                      Fire Chief John D. Sinclair,
     President and Chairman of the Board.
                                  ____

                                                   National Fusion


                                           Center Association,

                                                    June 13, 2017.
     Hon. Michael McCaul, Chairman,
     Hon. Bennie Thompson, Ranking Member,
     Committee on Homeland Security, House of Representatives, 
         Washington, DC.
       Dear Chairman McCaul and Ranking Member Thompson: I write 
     on behalf of the National Fusion Center Association (NFCA) in 
     support of provisions in the PREPARE Act that will strengthen 
     preparedness of the homeland.
       The PREPARE Act would make meaningful improvements in the 
     way the Federal government supports terrorism prevention 
     activities carried out by fusion centers in collaboration 
     with the larger group of public safety partners including 
     components of the Department of Homeland Security. The bill 
     would reauthorize key preparedness grant programs with 
     improvements in the way the grants are administered, 
     including with meaningful input from the law enforcement 
     communities in each state. It would strengthen the Law 
     Enforcement Terrorism Prevention Activities requirement that 
     is in existing law by fostering enhanced engagement among law 
     enforcement practitioners and key offices within DHS 
     including the Office of State and Local Law Enforcement and 
     FEMA.
       The bill also takes productive steps to help Federal, 
     state, and local partners share information on cyber threats. 
     Ensuring effective collaboration and preparedness regarding 
     cyber threats is becoming more important, and the PREPARE Act 
     would be helpful on this front by encouraging the timely 
     analysis and sharing of threat information.
       We commend your consistent and aggressive efforts to find 
     ways for Congress to foster improved collaboration and 
     coordination by Federal, state, local, and private entities 
     to protect the homeland. We have made great progress, but we 
     have much more work to do. The PREPARE Act is the latest 
     example of your dedication to this purpose, and we look 
     forward to working with you and your colleagues to ensure 
     effective legislation is enacted.
           Sincerely,
                                                        Mike Sena,
     President.
                                  ____



                             Major County Sheriffs of America,

                                     Alexandria, VA, June 9, 2017.
     Hon. Michael McCaul,
     House Homeland Security Committee, House of Representatives, 
         Washington, DC.
       Dear Chairman McCaul: As Vice Presidents of the Major 
     County Sheriffs of America (MCSA) in charge of Homeland 
     Security and Government Affairs, we write to thank you for 
     your leadership and support of local law enforcement through 
     the FY18 grant authorizations found within Title VI of H.R. 
     2825, the Department of Homeland Security Authorization Act 
     of 2017.
       MCSA is an association of elected Sheriffs representing the 
     nation's largest counties with populations of 500,000 people 
     or more. Collectively, we provide public safety services to 
     over 100 million residents and have a unique understanding of 
     the national security challenges facing our nation.
       Since September 11, 2001, our country has made great 
     progress in our nation's ability to prepare for, respond to 
     and prevent terrorist attacks; however, in an era of deep 
     budget cuts and reduced federal funding, state and local law 
     enforcement do not have sufficient funds by themselves to 
     support the homeland security mission.
       Federal funding such as the Homeland Security Grant Program 
     (HSGP) which includes the Urban Areas Security Initiative 
     (UASI) and the State Homeland Security Program (SHSP) work to 
     address gaps in local agency capabilities for responding to 
     terrorist threats in the homeland. Authorizing UASI at $800 
     million and SHSP at $600 million is critical to our efforts. 
     Local capabilities that have been built in part through UASI 
     and SHSP funds are not self-sustaining and require consistent 
     federal support to maintain a level of vigilance against 
     threats. This requires an active, and invested level of 
     collaboration with our partner agencies to maintain a level 
     of preparedness that our citizens deserve and expect.
       There also remains a strong need for the Law Enforcement 
     Terrorism Prevention Activities (LETPA) requirement that is 
     in current law. Under this provision, 25% of all UASI and 
     SHSP funds that are received by a state must be used for 
     LETPA. If this requirement was removed, there would be zero 
     dedicated federal support for terrorism prevention 
     activities, which is a unique role of law enforcement. Based 
     on what we have recently seen all over the world, now is not 
     the time to step away from this critical activity. On a 
     related note, there should be much more formal local law 
     enforcement input into FEMA's grant guidance and 
     prioritization processes to ensure transparency in the policy 
     directives, grant guidance, and risk formulas.
       We greatly appreciate your leadership and we thank you and 
     Committee staff for working honestly and collaboratively with 
     the MCSA. Please let us know if we can be of further 
     assistance as we continue our work to protect the homeland.
           Very Respectfully,
     Sheriff Michael J. Bouchard,
       Oakland County (MI), MCSA VP--Government Affairs.
     Sheriff Richard Stanek,
       Hennepin County (MN), MCSA VP--Homeland Security.
                                  ____



                                The U.S. Conference of Mayors,

                                    Washington, DC, June 19, 2017.
     Hon. Michael McCall,
     Chairman, Homeland Security Committee,
     Washington, DC.
       Dear Chairman McCall: I write on behalf of The United 
     States Conference of Mayors to indicate our support for the 
     provisions relating to the homeland security grant programs 
     in H.R. 2825, the Department of Homeland Security 
     Authorization Act of 2017. At a time of growing concern about 
     the terror threat to our cities, it is important to have a 
     stable five-year source of funding that helps us prevent and 
     respond to attacks.
       While we appreciate the authorization levels you have 
     included in the bill and understand the funding constraints 
     you faced in drafting the bill, we must be clear that more 
     funding is needed to help keep our cities safe. This applies, 
     of course, both to designated higher risk jurisdictions and 
     to the many areas not in that category, or no longer in that 
     category, which have critical infrastructure and other risk 
     factors which would suggest their need for assistance.

[[Page H6115]]

       We also appreciate your inclusion of language that would 
     require authorization from Congress for any grant 
     consolidation proposals and the maintenance of the law 
     enforcement terrorism prevention set-aside, a provision of 
     great importance to our police departments.
       The nation's mayors appreciate your leadership on homeland 
     security and other issues and look forward to working with 
     you and the Committee to see these provisions enacted into 
     law.
           Sincerely,
                                                      Tom Cochran,
                                       CEO and Executive Director.

  Mr. DONOVAN. I am also pleased a number of the provisions provided by 
the Committee on Homeland Security are included in division F of this 
bill. These provisions authorize FEMA's senior law enforcement adviser, 
ensure an appropriate focus on good management practices at FEMA, 
support vital training programs for first responders, and codify the 
Office of Disability Integration and Coordination to ensure individuals 
with disabilities are integrated into disaster preparedness and 
response efforts.
  I look forward to continuing to work with Subcommittee Chairman 
Barletta of the Transportation and Infrastructure Committee as this 
bill progresses through the process.
  Mr. Speaker, I want to commend Chairman McCaul for his leadership in 
getting this bill through the committee and onto the floor, and I urge 
my colleagues to join me in supporting this bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the chairman and ranking member 
of the committee for doing a historic reauthorization of this historic 
Department that came in the backdrop of the most heinous and singular 
terrorist act in terms of the beginning part of the 21st century to 
come together with this important statement about securing the 
homeland.
  This year will mark the 15th year of the Department of Homeland 
Security. Homeland security is defined as ``the national effort to 
ensure a homeland that is safe, secure, and resilient against terrorism 
and other hazards where American interests, aspirations, and ways of 
life can thrive . . . .''
  This is what I hope this bill will do.
  I want to take special note of two of the subagencies in this bill in 
particular, taking note of the killing of Gerardo Hernandez, the first 
TSA officer in the line of duty to be killed, in Los Angeles, and the 
machete attack on Carol Richel at the Louis Armstrong New Orleans 
International Airport. We owe a great deal of appreciation and thanks 
to the Transportation Security Administration and the TSOs. I 
personally thank them for the work that they do to be front line in 
securing America.
  I also want to express my appreciation for the Secret Service, who, 
of course, through challenges, have continued to work to protect 
America's most important leadership, the President in particular. I 
thank them for their service.
  I also want to make mention of the fact that I was very appreciative 
of the number of amendments that I was able to get in. The Jackson Lee 
amendments included mandates that the Department of Homeland Security 
add a new provision to the duties of the Office for Civil Rights and 
Civil Liberties, which directs that the Department recognize as part of 
their mission to preserve individual liberty, fairness, and equality 
under the law.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. THOMPSON of Mississippi. I yield an additional 1 minute to the 
gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from Mississippi, 
the ranking member.
  Mr. Speaker, my second amendment deals with the multiyear acquisition 
strategy, keeps pace with changes in technology. This amendment makes 
sure that the agency's purchases are most up-to-date.
  My third amendment deals with the fusion centers and will develop, 
keep up-to-date, and make available information on Federal resources 
intended to support fusion centers across America.
  My fourth amendment would add to the list of DHS components, 
including the chief medical officer, to allow them to enter into MOUs 
so that they can be most helpful across the country.
  My other amendment deals with preparedness, ensuring that the 
National Domestic Preparedness Consortium includes a special directive 
regarding preparedness in urban areas.
  Finally, let me say that we have oversight over ICE and the 
immigration services. I think it is important to note that ICE has to 
be responsible, not seeking to raid and deport individuals who have 
been in this country, who are paying their taxes, and who have options 
to be able to stay in this country. I hope this reauthorization 
recognizes that we need comprehensive immigration reform and that ICE 
is important, but it must restrain its reckless way of deporting 
individuals.
  Mr. Speaker, I rise in speak in strong support of H.R. 2825, the 
Homeland Security Authorization Act of 2017, which is the first 
authorization bill for the Department of Homeland Security since its 
creation.
  I thank Chairman McCaul and Ranking Member Thompson for working 
diligently to bring before the House of Representatives the 
authorization legislation.
  As a Senior member of the Committee on Homeland Security, and former 
Chair of the Subcommittee on Transportation Security, now known as the 
Transportation and Protective Security Subcommittee, as well as the 
former Ranking Member of the Subcommittee on Border and Maritime 
Security, I am very much aware of the importance of the work performed 
by the men and women who protect us from terrorism.
  Homeland Security is defined as: ``the national effort to ensure a 
homeland that is safe, secure, and resilient against terrorism and 
other hazards where American interests, aspirations, and ways of life 
can thrive to the national effort to prevent terrorist attacks within 
the United States, reduce the vulnerability of the U.S. to terrorism, 
and minimize the damage from attacks that do occur.''
  This year will mark the 15th year the Department of Homeland Security 
has been in existence and we owe the men and women who serve on the 
front line of defending our people of the United States against 
terrorist acts at home.
  DHS's mission is to secure the nation from the many threats we face.
  DHS is securing our nation through the dedication and hard work of 
the more than 229,000 employees to serve the nation in jobs that range 
from aviation and border security to emergency response, from 
cybersecurity analyst to chemical facility inspector.
  The Department of Homeland Security has many challenges--the greatest 
of which is overcoming serious morale problems.
  This authorization will accomplish a great deal, but the underlying 
central problem for the Department of Homeland Security is morale.
  The employees of the Department of Homeland Security are on the front 
lines of our nation's defense against terrorism.
  I recall the shooting incident at LAX that killed Gerardo Hernandez, 
who became the first TSA officer killed in the line of duty; and the 
machete attack at the Louis Armstrong New Orleans International Airport 
that resulted in injuries to Senior Transportation Security Officer 
Carol Richel.
  Their sacrifice and heroism reminds me of what we saw on September 
11, 2001.
  I will never forget that day, which made the creation of the 
Department of Homeland Security necessary.
  September 11, 2017 will mark the 16th Anniversary of the attacks that 
killed 2,977 men, women and children.
  On September 11, 2001, I stood on the East Front steps of the Capitol 
along with 150 Members of the House of Representatives and sang ``God 
Bless America.''
  I will forever recall the Members of this House who stood with each 
other not as Democrats or Republicans, but as Americans.
  I want to thank and commend the work of our first responders across 
the nation for their efforts to protect and serve their communities and 
our nation.
  Our duty as Members of Congress is to support the Department of 
Homeland Security in meeting its core mission of keeping Americans 
safe.
  I am in support of H.R. 2825 for the following three reasons:
  Terrorists have evolved their means and methods for perpetrating acts 
of terror that were not envisioned at the time the agency was created;
  The role of the Internet as a tool for terrorists to recruit and 
train people around the world who may be drawn to their messages of 
hate must be calculated into the work to defend the nation; and
  The Department of Homeland Security has evolved since its initial 
authorization bill became law on November 25, 2002, and this bill is a 
necessary step to make sure the agency can benefit from that 
experience.

[[Page H6116]]

  I appreciate and thank the Committee on Homeland Security Members for 
the inclusion of my bill, the ``Federal Information Resource to 
Strengthen Ties with State and Local Law Enforcement Act of 2017'' also 
known as the ``FIRST State and Local Law Enforcement Act'' in the 
Amendment in the Nature of a Substitute for H.R. 2824, the Homeland 
Security Authorization Act of 2017.
  Mr. Speaker, the FIRST State and Local Law Enforcement Act, supports 
transparency and oversight of the work of the DHS Office of State and 
Local Law Enforcement by requiring that an annual report of its 
activities be provided to Congress.
  This office is the primary coordinator, liaison, and advocate for 
state, local, tribal, and territorial law enforcement agencies.
  This office was created based on recommendations from the 9/11 
Commission and serves as the primary liaison between DHS and non-
Federal law enforcement agencies across the country.
  The office also leads the coordination of DHS' policies related to 
state, local, tribal, and territorial law enforcement's role in 
preventing, preparing for, protecting against, and responding to 
natural disasters, acts of terrorism and other man-made disasters.
  Because this DHS office plays a significant role in the required 
outreach to state and local law enforcement entities it is important 
that the Committee be kept apprised of its work.
  The ``FIRST State and Local Law Enforcement Act'' will include data 
about the coordination and information with State and locals, 
establishing and reporting performance and metrics feedback received 
from State, local, and tribal law enforcement agencies about the 
Office.
  I thank the Chairman and Ranking Member of the Homeland Security 
Committee for also including Several Jackson Lee amendments in the 
final bill:
  The First Jackson Lee Amendment adds to the list of the Bill's 
mandates for the Department of Homeland Security, which the Secretary 
of DHS shall implement as part of the overall mission of the agency.
  This Jackson Lee Amendment adds a new provision to the duties of the 
Office of Civil Rights and Civil Liberties, which directs that the 
Department recognizes as part of its mission to preserve individual 
liberty, fairness, and equality under the law;''.
  The Second Jackson Lee Amendment adds an assurance that the DHS 
Multiyear Acquisition Strategy keeps ``pace with changes in technology 
that could impact deliverables.'' This amendment makes sure that the 
agency's purchases are the most up to date technology available.
  The Third Jackson Lee Amendment would amend the Department of 
Homeland Security Fusion Center Partnership Initiative section of the 
bill to make sure that the Department will ``develop, keep up to date, 
and make available information on federal resources intended to support 
fusion center access to agency data.''
  The unique and well established relationship between the National 
Network of Fusion Centers and the Department of Homeland Security is 
codified in this authorization bill, and important transparency 
measure.
  This amendment creates an ongoing mission by the Homeland Security 
Fusion Center Partnership Initiative to support local and state fusion 
participation.
  The Fourth Jackson Lee Amendment adds to the list of DHS components 
which can enter into Memorandums of Understanding to include the Chief 
Medical Officer.
  A memorandum of understanding or MOU is a formal agreement between 
Department of Homeland Security components and two or more parties 
regarding a matter of mutual benefit or interest where each party will 
provide to the other something of consequence.
  In the case of this Jackson Lee amendment, the Office of Chief 
Medical Officer will be able to enter into MOUs, which are not legally 
binding agreements, for the purpose of carrying out its mission.
  The fifth Jackson Lee Amendment assures that the Department of 
Homeland Security's National Domestic Preparedness Consortium includes 
a special directive regarding preparedness training for urban areas.
  The Amendment establishes that ``to the extent practicable,'' the 
Department of Homeland Security will ``provide training in settings 
that simulate real response environments, such as urban areas.''
  Urban preparedness planning will include drills, and my amendment 
allows each urban area to determine the settings and scenarios that 
will best approximate the challenges that may need to be overcome.
  Few of us will forget the impact of Hurricane Katrina or what we saw 
following Hurricane Sandy.
  None of us will forget the attack on New York City or the months of 
difficult excavation and recovery at the site of the attacks.
  Urban centers come with a host of challenges that require adjustments 
in how preparedness drills are conducted to ensure that lessons learned 
can be applied to real world conditions.
  I thank the Committee for adoption of these legislative improvements, 
which added them to the bill being debated by the House of 
Representatives.
  I ask that the members of the House to support H.R. 2825, the 
``Department of Homeland Security Authorization Act of 2017.''
  Mr. McCAUL. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Hunter), chairman of the Subcommittee on Coast Guard 
and Maritime Transportation of the Transportation and Infrastructure 
Committee.
  Mr. HUNTER. Mr. Speaker, I thank the chairman for yielding.
  Mr. Speaker, H.R. 2825 includes H.R. 2518, the Coast Guard 
Authorization Act of 2017, in division E. The Coast Guard Authorization 
Act is a product of bipartisan efforts of the Transportation and 
Infrastructure Committee, specifically through Chairman Shuster's 
leadership and the efforts of Ranking Member DeFazio and Ranking Member 
Garamendi and our great staff, Dave Jansen and John Clark Rayfield.

                              {time}  0945

  The Coast Guard Authorization Act includes an authorization of 
funding for fiscal years 2018 and 2019 to support the Coast Guard and 
its servicemembers. It is important to remember the Coast Guard is one 
of the five Armed Forces, and even though it is outside of the 
Department of Defense, the service plays a critical role in protecting 
our country. It is unique in being the only armed force with law 
enforcement authorities, and this combination allows the service to 
perform its multitude of missions.
  The Committee on Transportation and Infrastructure has been 
overseeing the Coast Guard for more than two decades and moved 
legislation to support the service in each Congress since 1995. The 
text of the Coast Guard Authorization Act is a product of hearings, 
discussions with the Coast Guard, and regulated industries.
  The bill does four main things:
  Clarifies acquisition authorities to be used by the Coast Guard;
  Updates certain service authorities to provide them parity with the 
other Armed Forces;
  Amends a variety of Coast Guard regulatory authorities; and
  Provides regulatory relief for fishing and maritime transportation 
industries.
  The Coast Guard Authorization Act is a great bill. I urge Members to 
support it and the passage of the broader bill, H.R. 2825.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Wisconsin (Mr. Gallagher), chairman of the Task Force on 
Denying Terrorist Entry into the United States of the Homeland Security 
Committee.
  Mr. GALLAGHER. Mr. Speaker, I would like to acknowledge and thank 
Chairman McCaul for his leadership in undertaking this effort as we 
take the next step in advancing the 2017 Department of Homeland 
Security authorization bill.
  As part of this broader legislative effort, I sponsored the 
Intelligence Rotational Assignment Program Act because I believe we 
need to make sure that our Intelligence Committee has the best and most 
robust training in the world in order to keep our Nation safe.
  In 2015, the Department's Chief Intelligence Officer identified the 
need to strengthen the workforce at the agency by giving intelligence 
analysts the tools they need to succeed. I served as an intelligence 
officer for 7 years in the Marine Corps and worked in the Intelligence 
Committee, including at the National Counterterrorism Center, and the 
Drug Enforcement Administration, so I know firsthand the value of 
intelligence analysts gaining experience in different mission areas in 
order to broaden their ability to do their jobs more effectively for 
the American people.
  This program does that. It encourages analysts to gain experience in 
all of the various agencies that are part of the larger DHS community.
  With authorization, this bill will ensure that we are building and 
strengthening the expertise among employees

[[Page H6117]]

at the DHS in order to keep the country safe.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from New York (Mr. Katko), chairman of the Subcommittee on 
Transportation and Protective Security of the Homeland Security 
Committee.
  Mr. KATKO. Mr. Speaker, I rise today in strong support of H.R. 2825. 
This critical piece of legislation is a chance for Congress to fulfill 
its duty to oversee the missions, programs, and functions of the 
Department of Homeland Security and its component agencies.
  As chairman of the Subcommittee on Transportation and Protective 
Security, I am particularly pleased to support the important provisions 
of this bill relating to the Transportation Security Administration and 
the Secret Service.
  This bill will make measurable and lasting improvements to the way in 
which we protect the traveling public on both aviation and surface 
transportation systems. It also provides much-needed leadership and 
continuity to TSA by establishing a 5-year term for its administrator.
  Specifically, the bill provides important streamlining of TSA 
functions and offices; improves the vetting of aviation workers; 
enhances emergency preparedness at airports to protect against 
terrorist attacks and active shooters; and bolsters the Department's 
focus on aviation cybersecurity issues.
  Passing this legislation will ensure that TSA is prioritizing the 
development and procurement of new passenger screening technologies and 
ramping of deployment of explosives detection canines for both aviation 
and surface transportation sectors.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Louisiana (Mr. Higgins), a member of the Homeland 
Security Committee.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I rise today in support of 
passage of H.R. 2825, the Department of Homeland Security Authorization 
Act of 2017, of which I am honored to be an original cosponsor.
  The threats facing American families are real and rapidly evolving. 
Since the original authorization 15 years ago, DHS has never been 
reauthorized, leading to inefficiencies and a lack of congressional 
oversight.
  Mr. Speaker, I thank Chairman McCaul and his staff for their work on 
making the reauthorization package a reality. National security is an 
issue that affects every man, woman, child, Republican, and Democrat in 
our Nation. This bill will go a long way to ensuring that DHS remains 
mission ready to continue protecting our homeland.
  This legislation accomplishes several key things:
  It creates efficiencies that protect the people's treasure and holds 
programs accountable;
  It offers congressional guidance for agencies within DHS such as 
Immigration and Customs Enforcement and the U.S. Citizenship and 
Immigration Services to bolster our Nation's response to illegal 
immigration; and

  Supports the boots-on-the-ground and frontline defenders with much-
needed resources.
  Mr. Speaker, I urge my colleagues to support the bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Kansas (Mr. Estes).
  Mr. ESTES of Kansas. Mr. Speaker, I rise today in support of H.R. 
2825, the Department of Homeland Security Authorization Act.
  America faces mounting threats to our national security from around 
the globe. This includes the increased threats faced by Islamist 
terrorism, foreign cyber attacks, and an unsecured southern border.
  This bill will improve the Department of Homeland Security by making 
it more efficient and improving its processes so that the DHS can face 
security threats head on.
  This bill promotes the domestic sharing of counterterrorism 
information and calls for regular reports to Congress on cost-saving 
and efficiency activities, including consolidation of facilities and 
response to operational surges.
  I believe this bill is vital to ensuring America's continued safety.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Virginia (Mr. Garrett), a member of the Homeland 
Security Committee.
  Mr. GARRETT. Mr. Speaker, there are two amendments to this important 
piece of legislation that we bring forward. I want to thank the 
chairman of the committee for allowing us the opportunity to be heard 
and participate in this process.
  The first is an amendment that ensures that there is a strategic plan 
to reduce senior executive positions as it relates to the TSA. Right 
now, we have more tail of the dragon than teeth of the dragon. We need 
to make sure that we are focusing our assets efficiently and with 
responsibility to the taxpayers who give us the money to protect the 
homeland. This will save over $7 million in salary alone.
  The second ensures that there is an oversight of the Homeland 
Security Grant Program, which is intended to protect the homeland, so 
we demonstrate that we are being good stewards of the public's dollars, 
while ensuring the safest possible Nation that we can.
  Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 2825 was unanimously 
approved by the Committee on Homeland Security on June 14, 2017, after 
39 Democratic amendments focused on strengthening the underlying 
bipartisan bill were accepted.
  To make this legislative package more complete, subsequent to 
committee consideration, text that was approved by the Transportation 
and Infrastructure and Judiciary Committees was added.
  Mr. Speaker, I urge Members to join me in supporting passage of this 
important homeland security legislation that includes provisions that 
have the support of groups as diverse as the International Association 
of Fire Chiefs, the U.S. Conference of Mayors, National Fusion Center 
Association, the Jewish Federations of North America, the American 
Federation of Government Employees, and the American Public 
Transportation Association.
  Mr. Speaker, let me compliment the chairman for a job well done.
  Mr. Speaker, I yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me give my heartfelt thanks to the ranking member 
for his work on this important legislation, first ever. It was a real 
team effort on both sides of the aisle. I want to thank all of the 
staff on both sides of the aisle, Rosaline Cohen and Jennifer Gorski, 
who worked tirelessly.
  Mr. Speaker, I include in the Record a January 11, 2017, memorandum 
of understanding, signed by myself and seven other committee chairmen.

   Memorandum Regarding Authorization of the Department of Homeland 
                                Security

       We, the chairs of the committees with jurisdiction over the 
     Department of Homeland Security or its components, are hereby 
     recording our agreement on the following principles for the 
     115th Congress:
       1. The Department of Homeland Security (``the Department'') 
     and its components should be authorized on a regular basis to 
     ensure robust oversight and improve its operation.
       2. Committees with jurisdiction over the Department and its 
     components will prioritize the authorization of the 
     Department and any unauthorized or expiring component in that 
     committee's authorization and oversight plan.
       3. To the maximum extent practicable, the committees with 
     jurisdiction over unauthorized or expiring components of the 
     Department shall coordinate with the Committee on Homeland 
     Security to produce a comprehensive authorization bill for 
     the Department.
       4. The Committee on Homeland Security shall coordinate with 
     the committees with jurisdiction over unauthorized or 
     expiring components of the Department in the development of 
     any comprehensive authorization bill for the Department.
       5. The Committee on Homeland Security and the committees 
     with jurisdiction over components of the Department shall 
     jointly develop a process for the vetting and pre-clearing of 
     base text and amendments offered at subcommittee and full 
     committee

[[Page H6118]]

     markups of a DHS authorization bill in the Committee on 
     Homeland Security that fall within the jurisdiction of a 
     committee other than or in addition to the Committee on 
     Homeland Security.
       6. The committees will expedite consideration of any 
     comprehensive authorization bill for the Department, 
     including timely resolution of any matters subject to a 
     sequential or additional referral.
       7. To the extent that there are policy differences between 
     the committees regarding a provision of the comprehensive 
     authorization bill for the Department, the committees will 
     make best efforts to resolve any such dispute.
       8. The Committee on Homeland Security shall not include any 
     provision in a comprehensive authorization bill that the 
     chair of the Committee on Ways and Means has determined to be 
     a revenue provision or a provision affecting revenue. If the 
     chair of the Committee on Ways and Means makes such a 
     determination, nothing in this agreement shall be construed 
     to preclude that chair from exercising an additional or 
     sequential referral over the measure, or a point of order 
     under clause 5(a) of Rule XXI of the Rules of the House of 
     Representatives.
       9. Nothing in this agreement shall be construed as altering 
     any committee's jurisdiction under rule X of the Rules of the 
     House of Representatives or the referral of any measure 
     thereunder.
       10. Further, nothing in this memorandum precludes a further 
     agreement between the committees with regard to the 
     implementation of a process to ensure regular comprehensive 
     authorizations of the Department.
           Signed,
         Gregg Walden, Chair, Committee on Energy and Commerce; 
           Michael T. McCaul, Chair, Committee on Homeland 
           Security; Devin Nunes, Chair, Permanent Select 
           Committee on Intelligence; Bob Goodlatte, Chair, 
           Committee on the Judiciary; Jason Chaffetz, Chair, 
           Committee on Oversight and Government Reform; Lamar 
           Smith, Chair, Committee on Science, Space and 
           Technology; Bill Shuster, Chair, Committee on 
           Transportation and Infrastructure; Kevin Brady, Chair, 
           Committee on Ways and Means.

  Mr. McCAUL. Mr. Speaker, in conclusion of this debate, it is very 
important to remember that a comprehensive reauthorization of the 
Department of Homeland Security has never been done before. While 
various reauthorization efforts have been tried in the past, we finally 
have a chance to get it across the finish line and have it signed into 
law. So let's stand together as Republicans and Democrats and show the 
people we represent both parties and that both parties can work with 
one another by putting our national security above politics.
  This legislation is not just about good governance or bureaucratic 
reforms. It is absolutely essential to making sure we are able to 
defeat the grave and growing threats facing the United States.
  Once again, I want to thank the ranking member and all of his staff; 
leadership, as well, and their staff; and, also, all of the members of 
the Office of the Legislative Counsel, who got us to this point here 
today.
  Mr. Speaker, I yield back the balance of my time.
                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, July 18, 2017.
     Hon. Devin Nunes,
     Chairman, Permanent Select Committee on Intelligence, 
         Washington, DC.
       Dear Chairman Nunes: Thank you for your follow up letter 
     regarding H.R. 2825 dated June 27, 2017. I appreciate your 
     continued willingness to work with me to bring H.R. 2825 to 
     the House Floor.
       As I stated in my June 22, 2017 letter, the Committee on 
     Homeland Security concurs with the mutual understanding that 
     by foregoing seeking a sequential referral at this time, the 
     House Permanent Select Committee on Intelligence does not 
     waive any jurisdictional interest it may have over provisions 
     in the bill.
       Regarding the provisions referenced in your recent letter, 
     each of the sections listed were introduced as stand alone 
     bills, as well as included in H.R. 2825, and the Committee on 
     Homeland Security was granted the primary referral on such 
     provisions. As discussed between our staff and in the 
     exchange of letters, I recognize that your Committee could 
     request a sequential referral on those provisions. I 
     reiterate my continued appreciation for the cooperation of 
     you and your staff in moving H.R. 2825 through the 
     legislative process.
       Per your request, I will include your letters, my response 
     letters, the ``Memorandum Regarding Authorization of the 
     Department of Homeland Security'' and accompanying January 
     11, 2017 exchange of letters in the Congressional Record when 
     H.R. 2825 is considered on the Floor.
           Sincerely,
                                                Michael T. McCaul,
     Chairman.
                                  ____

         House of Representatives, Permanent Select Committee on 
           Intelligence,
                                                    June 27, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Chairman McCaul: Thank you for your letter dated June 
     22, 2017, regarding H.R. 2825, the ``Department of Homeland 
     Security Authorization Act of 2017.'' I appreciate your 
     recognition of the jurisdictional interest of the Permanent 
     Select Committee on Intelligence (HPSCI) in legislation 
     relating to the National Intelligence Program (NIP), as well 
     as the importance of the ``Memorandum Regarding Authorization 
     of the Department of Homeland Security'' and our accompanying 
     January 11, 2017 exchange of letters.
       As you note, your letter of January 11 permits the 
     Committee on Homeland Security to report legislation 
     including ``Department-wide provisions that could affect 
     Department elements that happen to receive funding through 
     the NIP.'' H.R. 2825, however, contains several provisions 
     that are not ``Department-wide,'' but instead direct the NIP-
     funded Department of Homeland Security Office of Intelligence 
     and Analysis (I&A) to take specific actions and/or provide 
     Congress with reports--and are therefore within the exclusive 
     jurisdiction of HPSCI. Those provisions include:
       Section 113--``Intelligence Rotational Assignment Program''
       Section 301--``Homeland Intelligence Doctrine''
       Section 302--``Analysts For The Chief Intelligence 
     Officer.''
       Section 303--``Annual Homeland Terrorist Threat 
     Assessments''
       Section 311--``Department of Homeland Security Fusion 
     Center Partnership Initiative''
       Per my letter of June 21, HPSCI will continue to forego an 
     official request for sequential referral. However, I request 
     that you include a copy of this letter in the Congressional 
     Record along with the other letters and attachments we 
     exchanged last week. Thank you again for your cooperation.
           Sincerely,
                                                      Devin Nunes,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 22, 2017.
     Hon. Devin Nunes,
     Chairman, Permanent Select Committee on Intelligence, 
         Washington, DC.
       Dear Chairman Nunes: Thank you for your letter regarding 
     H.R. 2825, the ``Department of Homeland Security 
     Authorization Act of 2017,'' I appreciate your support in 
     bringing this very important legislation reauthorizing the 
     Department of Homeland Security before the House of 
     Representatives, and appreciate the willingness of the 
     Permanent Select Committee on Intelligence to forego seeking 
     a sequential referral.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing a sequential referral on this 
     bill at this time, the Permanent Select Committee on 
     Intelligence does not waive any jurisdiction over the subject 
     matter contained in this bill or similar legislation in the 
     future. In addition, should a conference on this bill be 
     necessary, I would support your request to have the Permanent 
     Select Committee on Intelligence represented for provisions 
     within your jurisdiction on the conference committee.
       Additionally, the Committee on Homeland Security recognizes 
     and appreciates the importance of the Memorandum Regarding 
     Authorization of the Department of Homeland Security and the 
     letter exchange on January 11, 2017. The Committee on 
     Homeland Security contends that per such agreement the bill 
     reported by the Committee ``does not intend to authorize any 
     elements of the Department that are funded through the 
     National Intelligence Program (NIP) . . . . but may include 
     Department-wide provisions that could affect Department 
     elements that happen to receive funding through the NIP.''
       I will insert copies of this exchange in the Congressional 
     Record during consideration of this bill on the House floor. 
     I thank you for your cooperation in this matter.
           Sincerely,

                                            Michael T. McCaul,

                                                         Chairman,
     Committee on Homeland Security.
                                  ____

         House of Representatives, Permanent Select Committee on 
           Intelligence,
                                    Washington, DC, June 21, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: H.R. 2825, a bill ``to amend the 
     Homeland Security Act of 2002 to make certain improvements in 
     the laws administered by the Secretary of Homeland Security, 
     and for other purposes,'' was recently marked up and reported 
     by your Committee. Given that several provisions of H.R. 2825 
     implicate National Intelligence Program (NIP)-funded 
     activities, I am confident that upon request the bill will be 
     sequentially referred to the Permanent Select Committee on 
     Intelligence (the Committee).
       As you know, we signed a Memorandum Regarding Authorization 
     of the Department of Homeland Security and exchanged letters 
     on January 11, 2017 (January 2017 Exchange of Letter), to 
     clarify the Committee's exclusive jurisdiction over NIP-
     funded elements of the Department of Homeland Security (DHS). 
     The January 2017 Exchange of Letters

[[Page H6119]]

     affirmed that, consistent with the Rules of the House of 
     Representatives, the Intelligence Authorization Act (IAA) is 
     the vehicle that through which Congress authorizes annual 
     appropriations for the NIP, including NIP-funded elements of 
     the Department of Homeland Security (DHS). Moreover, those 
     letters made explicit that the Committee on Homeland Security 
     would not report to the House any bill that authorizes any 
     elements of DHS funded through the NIP, and that if any such 
     bill is reported by the Committee on Homeland Security, this 
     Committee will request a sequential referral of the bill.
       In order to expedite the House's consideration of the H.R. 
     2825, and in recognition of the unique importance of 
     authorizing legislation for DHS, the Committee will forego an 
     official request for sequential referral or consideration of 
     the measure. This courtesy, is however, conditioned on our 
     mutual understanding and agreement that it will in no way 
     diminish or alter the jurisdiction of the Committee with 
     respect to any future jurisdictional claim over the subject 
     matter contained in the bill or any similar measure. It is 
     also conditioned on the Committee on Homeland Security's 
     adherence to the agreement embodied in the January 2017 
     Exchange of Letters. In the future, the Committee will not 
     hesitate to take up non-conforming legislation on sequential 
     referral.
       I would appreciate your response to this letter confirming 
     this understanding and would request that you include in the 
     Congressional Record during floor consideration of H.R. 2825 
     a copy of this letter, your response, and the January 2017 
     Exchange of Letters, including the Memorandum. Thank you in 
     advance for your cooperation.
           Sincerely,
                                                      Devin Nunes,
     Chairman.
                                  ____

         House of Representatives, Permanent Select Committee on 
           Intelligence,
                                                 January 11, 2017.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security,
     House of Representatives, Washington, DC.
       Dear Chairman McCaul: In accordance with paragraph 10 of 
     the January 2017 ``Memorandum Regarding Authorization of the 
     Department of Homeland Security,'' I write to confirm our 
     mutual understanding of the procedure through which the House 
     will authorize the elements of the Department of Homeland 
     Security (DHS) funded through the National Intelligence 
     Program (NIP).
       I appreciate your dedication to producing a comprehensive 
     reauthorization of DHS that will improve congressional 
     oversight of the Department. As you know, Rule X(11)(b)(1) of 
     the House of Representatives grants the Permanent Select 
     Committee on Intelligence sole jurisdiction over ``proposed 
     legislation . . . relating to . . . the National Intelligence 
     Program as defined in Section 3(6) of the National Security 
     Act'' and ``[a]uthorizations for appropriations, both direct 
     and indirect, for . . . the National Intelligence Program as 
     defined in Section 3(6) of the National Security Act;'' and 
     Rule X(j)(3) of the House of Representatives grants the 
     Committee on Homeland Security jurisdiction over the 
     ``functions of the Department of Homeland Security,'' 
     including those functions related to the ``integration, 
     analysis, and dissemination of homeland security 
     information.''
       As you also know, the Intelligence Authorization Act (IAA) 
     is the annual vehicle through which Congress authorizes 
     appropriations for the NIP, including for elements of DHS 
     that receive funding through the NIP. The IAA includes a 
     classified schedule of authorizations, incorporated into the 
     statute by reference, and direction and recommendations in a 
     classified annex to the report of the Permanent Select 
     Committee on Intelligence. Nothing in the January 2017 
     ``Memorandum Regarding Authorization of the Department of 
     Homeland Security,'' shall be construed to grant the 
     Committee on Homeland Security jurisdiction over proposed 
     legislation relating to the NIP or authorizations for 
     appropriations for the NIP.
       In keeping with these principles, the Committee on Homeland 
     Security will not report to the House any bill that 
     authorizes any elements of DHS funded through the NIP. If any 
     such bill is reported by the Committee on Homeland Security, 
     the Permanent Select Committee on Intelligence will request a 
     sequential referral of the bill. Understanding, however, that 
     both of our committees have a jurisdictional interest in the 
     Department's Office of Intelligence and Analysis, we agree to 
     work together to ensure that the Office receives the most 
     effective congressional guidance.
       We further agree that if the Committee on Homeland Security 
     reports a DHS-wide authorization bill to the House, I may 
     offer an amendment during consideration of the bill in the 
     full House. That amendment will contain the text of any 
     legislative provisions related to the NIP-funded elements of 
     DHS previously reported by the Permanent Select Committee on 
     Intelligence. If the Permanent Select Committee on 
     Intelligence has not reported any provisions related to the 
     NIP-funded elements of DHS, I will not offer an amendment, 
     and the DHS-wide authorization bill will not contain any 
     provisions related to the NIP-funded elements of DHS. We 
     further agree that you will oppose as nongermane all 
     amendments related to the NIP-funded elements of DHS in 
     markup in the Committee on Homeland Security. If any 
     amendments related to the NIP-funded elements of DHS are 
     subsequently offered during consideration by the full House, 
     you agree to consult with me before taking action.
       Finally, we agree that you will support the appointment of 
     the Chairman and Ranking Member of the Permanent Select 
     Committee on Intelligence to any committee of conference on a 
     DHS-wide authorization bill that includes any provisions 
     related to the NIP-funded elements of DHS.
       In accordance with Rule X(11)(b)(2) this understanding does 
     not preclude either the Committee on Homeland Security or the 
     Permanent Select Committee on Intelligence from authorizing 
     other intelligence and intelligence-related activities of 
     DHS, including, but not limited to, the Homeland Security 
     Intelligence Program. In keeping with paragraph 5 of the 
     January 2017 ``Memorandum Regarding Authorization of the 
     Department of Homeland Security,'' our committees will work 
     jointly to vet and clear any provisions of a DHS 
     authorization bill related to these other intelligence and 
     intelligence-related activities of DHS. Furthermore, I hope 
     the staff of our committees can continue to closely and 
     expeditiously to conduct rigorous oversight of intelligence 
     activities throughout DHS.
       The understanding detailed by this letter is limited to the 
     115th Congress. It shall not constitute an understanding 
     between our committees in any subsequent congress.
       I would appreciate your response to this letter confirming 
     this understanding. I look forward to working with you to 
     continue congressional oversight of DHS intelligence 
     activities, and I thank you in advance for your cooperation.
           Sincerely,
                                                      Devin Nunes,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                 Washington, DC, January 11, 2017.
     Hon. Devin Nunes,
     Permanent Select Committee on Intelligence,
     United States Capitol, Washington, DC.
       Dear Chairman Nunes: Thank you for your letter supporting 
     the Committee on Homeland Security's plans to conduct a 
     comprehensive reauthorization of the Department of Homeland 
     Security (``the Department'') in the 115th Congress, as 
     expressed in the 2017 ``Memorandum Regarding Authorization of 
     the Department of Homeland Security.''
       I appreciate your willingness to help ensure the Department 
     is fully authorized, and recognize that there may be areas of 
     jurisdictional interest to the Permanent Select Committee on 
     Intelligence (``Intelligence Committee'') in such an 
     authorization. Rule X(j)(3) of the House of Representatives 
     grants the Committee on Homeland Security jurisdiction over 
     the ``functions of the Department of Homeland Security,'' 
     including those functions related to the ``integration, 
     analysis, and dissemination of homeland security 
     information,'' while Rule X(11)(b)(1) grants the Permanent 
     Select Committee on Intelligence jurisdiction over ``proposed 
     legislation relating to . . . the National Intelligence 
     Program as defined in Section 3(6) of the National Security 
     Act'' and ``[a]uthorizations for appropriations, both direct 
     and indirect, for . . . the National Intelligence Program as 
     defined in Section 3(6) of the National Security Act.''
       The Committee on Homeland Security does not intend to 
     authorize any elements of the Department that are funded 
     through the National Intelligence Program (``NIP'') as part 
     of the Department authorization bill it reports to the House 
     this Congress, although we both agree that the reported bill 
     may include Department-wide provisions that could affect 
     Department elements that happen to receive funding through 
     the NIP. Accordingly, I will oppose as nongermaine any 
     amendments which may be offered in my committee's markup 
     related to the NIP-funded elements of the Department. I 
     further agree to consult you before taking any action on 
     similar amendments which may be offered during consideration 
     of the bill by the full House.
       In the interest of ensuring the most robust Department 
     authorization possible, we further agree that you may offer 
     an amendment during consideration of the bill in the full. 
     House. That amendment will contain the text of any 
     legislative provisions related to the NIP-funded elements of 
     DHS previously reported by the Permanent Select Committee on 
     Intelligence. If the Permanent Select Committee on 
     Intelligence has not reported any provisions related to the 
     NIP-funded elements of DHS, you will not offer an amendment. 
     Understanding, however, that both of our committees have a 
     jurisdictional interest in the Department's Office of 
     Intelligence and Analysis, we agree to work together to 
     ensure that the Office receives the most effective 
     congressional guidance.
       Finally, I reiterate my intention that nothing included in 
     the 2017 ``Memorandum Regarding Authorization of the 
     Department of Homeland Security'' alters the jurisdiction of 
     either the Committee on Homeland Security or the Permanent 
     Select Committee on Intelligence. The Committee on Homeland 
     Security appreciates the past success we have enjoyed working 
     with the Intelligence Committee. I am grateful for your 
     support and look forward to continuing to

[[Page H6120]]

     work together toward our mutual goal of ensuring that the 
     Department and its components arc authorized on a regular 
     basis.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H.R. 2825, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________