[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.
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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
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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.
____________________