Keep America Secure Act
This bill provides for a two-year reauthorization of Department of Homeland Security (DHS) activities for FY2021-FY2022.
Specifically, the bill sets forth provisions to address
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8309 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8309
To authorize certain authorities of the Department of Homeland
Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2020
Mr. Rogers of Alabama (for himself, Mr. King of New York, Mr. McCaul,
Mr. Katko, Mr. Walker, Mr. Higgins of Louisiana, Mrs. Lesko, Mr. Green
of Tennessee, Mr. Joyce of Pennsylvania, Mr. Crenshaw, Mr. Guest, Mr.
Bishop of North Carolina, Mr. Van Drew, and Mr. Garcia of California)
introduced the following bill; which was referred to the Committee on
Homeland Security, and in addition to the Committees on the Judiciary,
Ways and Means, Transportation and Infrastructure, Oversight and
Reform, Energy and Commerce, Foreign Affairs, and House Administration,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To authorize certain authorities of the Department of Homeland
Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keep America
Secure Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
TITLE I--MANAGEMENT REFORM AND ACCOUNTABILITY
Subtitle A--Headquarters Operation
Sec. 101. Homeland security enterprise defined.
Sec. 102. Functions and components of headquarters of Department of
Homeland Security.
Sec. 103. Repeal of Director of Shared Services and Office of
Counternarcotics Enforcement of Department
of Homeland Security.
Sec. 104. Responsibilities and functions of Chief Privacy Officer.
Sec. 105. Unmanned Aircraft Systems Countermeasures Coordinator.
Sec. 106. Responsibilities of Chief Financial Officer.
Sec. 107. Chief Information Officer.
Sec. 108. Quadrennial homeland security review.
Sec. 109. Office of Strategy, Policy, and Plans.
Sec. 110. Chief Procurement Officer.
Sec. 111. Chief Security Officer.
Sec. 112. Office of Partnership and Engagement.
Sec. 113. Department of Homeland Security rotation program.
Sec. 114. Annual submission to Congress of information regarding
reprogramming or transfer of Department of
Homeland Security resources to respond to
operational surges.
Sec. 115. Overseas personnel briefing.
Subtitle B--Acquisition Reform
Sec. 121. Acquisition Review Board.
Sec. 122. Acquisition authorities for Under Secretary for Management of
the Department of Homeland Security.
Sec. 123. Acquisition authorities for Under Secretary of Strategy,
Policy, and Plans.
Sec. 124. Acquisition authorities for Program Accountability and Risk
Management (PARM).
Sec. 125. Government Accountability Office review of board and of
requirements to reduce duplication in
acquisition programs.
Sec. 126. Excluded party list system waivers.
Sec. 127. Inspector general oversight of suspension and debarment.
Sec. 128. Congressional notification for major acquisition programs.
Sec. 129. Multiyear acquisition strategy.
Sec. 130. Acquisition reports.
Sec. 131. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 132. Establishment of the Office of Biometric Identity Management.
Subtitle C--Management of Programs
Sec. 141. Department of Homeland Security enhanced hiring.
Sec. 142. Fitness standards.
Sec. 143. Training to protect the vulnerable.
Sec. 144. Department of Homeland Security Blue Campaign enhancement.
TITLE II--INTELLIGENCE AND INFORMATION SHARING
Subtitle A--DHS Intelligence Enterprise
Sec. 201. Annual homeland threat assessments.
Sec. 202. Homeland intelligence doctrine.
Sec. 203. Comptroller General assessment.
Sec. 204. Analysts for the chief intelligence officer.
Sec. 205. Establishment of Insider Threat Program.
Sec. 206. Department of Homeland Security counterintelligence vetting
task force.
Sec. 207. Visa security.
Sec. 208. Chemical, biological, radiological, and nuclear intelligence
and information sharing.
Sec. 209. Inland waters threat analysis.
Sec. 210. Transnational criminal organizations threat assessment.
Sec. 211. Department of Homeland Security counterterrorism advisory
board.
Sec. 212. National Vetting Center.
Sec. 213. National Vetting Governance Board.
Subtitle B--Information Sharing
Sec. 215. Department of Homeland Security Fusion Center Partnership
Initiative.
Sec. 216. Fusion center personnel needs assessment.
Sec. 217. Program for State and local analyst clearances.
Sec. 218. Information technology assessment.
Sec. 219. Department of Homeland Security classified facility inventory
and dissemination.
Sec. 220. Terror inmate information sharing.
Sec. 221. Enhancing Department of Homeland Security suspicious activity
reporting operations.
TITLE III--CYBERSECURITY
Sec. 301. Cybersecurity Advisory Committee.
Sec. 302. Cybersecurity essentials.
Sec. 303. Establishment of continuous diagnostics and mitigation
program in the Cybersecurity and
Infrastructure Security Agency.
Sec. 304. Administrative subpoena authority.
Sec. 305. CISA Director term limitation.
Sec. 306. State, local, Tribal, and territorial cybersecurity.
Sec. 307. Cybersecurity workforce.
Sec. 308. Election security.
Sec. 309. Protection from liability.
Sec. 310. Permanent extension of chemical facility anti-terrorism
standards program of the Department of
Homeland Security.
Sec. 311. Cybersecurity research and development projects.
Sec. 312. Loan repayment program.
Sec. 313. Exclusion of certain student loan repayments.
Sec. 314. Scholarship for service.
Sec. 315. Cybersecurity and Infrastructure Security Agency review.
Sec. 316. Strategy to secure email.
Sec. 317. Strengthening Federal networks.
Sec. 318. Authorization of appropriations.
TITLE IV--BORDER AND VISA SECURITY
Sec. 401. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 402. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of
CBP.
Sec. 403. U.S. Customs and Border Protection retention incentives.
Sec. 404. Study on efficacy of certain personnel screening methods for
U.S. Customs and Border Protection use.
Sec. 405. Hiring flexibility.
Sec. 406. Supplemental commissioner authority and definitions.
Sec. 407. Technical and conforming amendment.
Sec. 408. Ports of entry infrastructure.
Sec. 409. U.S. Customs and Border Protection technology upgrades.
Sec. 410. Physical barriers along the southwest border.
Sec. 411. Air and Marine Operations flight hours.
Sec. 412. Amendments to U.S. Customs and Border Protection.
Sec. 413. Continuous screening by U.S. Customs and Border Protection.
Sec. 414. Customs Trade Partnership Against Terrorism.
Sec. 415. Strategy to ensure detection of all opioid purity levels at
ports of entry.
Sec. 416. Authorization of the immigration advisory program.
Sec. 417. Border security technology accountability.
Sec. 418. Establishment of U.S. Immigration and Customs Enforcement.
Sec. 419. Biometric Identification Transnational Migration Alert
Program.
Sec. 420. Reporting of visa overstays.
Sec. 421. Student and exchange visitor information system verification.
Sec. 422. Social media review of visa applicants.
Sec. 423. Homeland security investigations national gang unit.
Sec. 424. Homeland security investigations transnational criminal
investigative units.
Sec. 425. Homeland security investigations innovation lab.
Sec. 426. Establishment of United States Citizenship and Immigration
Services.
Sec. 427. Fraud prevention.
Sec. 428. Border security and trade modernization trust fund.
Sec. 429. Border security improvement plan.
Sec. 430. Integrated Border Enforcement Teams.
Sec. 431. No ban on information sharing.
Sec. 432. Border Security Advisory Committee.
Sec. 433. Border tunnel detection.
Sec. 434. Subterranean operations.
Sec. 435. Border enforcement security task force updates.
Sec. 436. Extension of port of entry donation authority.
TITLE V--TRANSPORTATION SECURITY
Sec. 501. Authorization of appropriations for salaries, operation, and
maintenance of the Transportation Security
Administration.
Sec. 502. Retention of security service fee by the Transportation
Security Administration.
Sec. 503. Emerging and future threats task force.
Sec. 504. Comptroller General review.
Sec. 505. Enrollment redress.
Sec. 506. Training required.
Sec. 507. Identity and travel document verification.
Sec. 508. Standard operating procedures at airport checkpoints.
Sec. 509. Canine detection research and development.
Sec. 510. Security incident response at airports and surface
transportation hubs.
Sec. 511. Alternate new security screening personnel training program
cost and feasibility study.
Sec. 512. Prohibition of advance notice of covert testing to security
screeners.
Sec. 513. Explosive detection technology.
Sec. 514. Recurrent vetting for surface transportation credential-
holders.
Sec. 515. Biometrics for TSA PreCheck.
Sec. 516. Secure Flight program.
Sec. 517. Known Crew Member program.
Sec. 518. Screening Partnership Program.
Sec. 519. Headquarters efficiency.
Sec. 520. Repeal of regulations.
Sec. 521. Sensitive security information.
Sec. 522. International aviation security.
Sec. 523. Office of Inspection accountability.
Sec. 524. Checkpoints of the future.
Sec. 525. Air cargo security.
Sec. 526. Childcare.
Sec. 527. Passengers with physical or cognitive disabilities.
Sec. 528. TSA Human Capital Strategic Plan.
Sec. 529. Screening technology deployment.
Sec. 530. Review of aviation security stakeholder access to Homeland
Security Information Network.
Sec. 531. Airport public area security enhancement.
TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY
Subtitle A--Grants, Training, Exercises, and Coordination
Sec. 601. Urban Area Security Initiative.
Sec. 602. State Homeland Security Grant Program.
Sec. 603. Grants to directly eligible tribes.
Sec. 604. Law enforcement terrorism prevention.
Sec. 605. Prioritization.
Sec. 606. Allowable uses.
Sec. 607. Memoranda of understanding.
Sec. 608. Grants metrics.
Sec. 609. Grant management best practices.
Sec. 610. Prohibition on consolidation.
Sec. 611. Maintenance of grant investments.
Sec. 612. Allowable uses of funds for public transportation security
assistance grants.
Sec. 613. Periods of performance for public transportation security
assistance grants.
Sec. 614. Comptroller General review of public transportation security
assistance grant program.
Sec. 615. Port security grant program.
Sec. 616. Cyber preparedness.
Sec. 617. Operation Stonegarden.
Subtitle B--Communications
Sec. 621. Office of Emergency Communications.
Sec. 622. Responsibilities of Office of Emergency Communications
Director.
Sec. 623. Annual reporting on activities of the Office of Emergency
Communications.
Sec. 624. National emergency communications plan.
Sec. 625. Technical edit.
Sec. 626. Public safety broadband network.
Sec. 627. Communications training.
Subtitle C--Federal Emergency Management Agency (FEMA)
Sec. 631. Short title.
Sec. 632. Reauthorization of Federal Emergency Management Agency.
Sec. 633. National domestic preparedness consortium.
Sec. 634. Rural Domestic Preparedness Consortium.
Sec. 635. Center for Faith-Based and Neighborhood Partnerships.
Sec. 636. Emergency support functions.
Sec. 637. Review of national incident management system.
Sec. 638. Remedial action management program.
Sec. 639. Strategic human capital plan.
Sec. 640. Office of Disability Integration and Coordination.
Sec. 641. FEMA Senior Law Enforcement Advisor.
Sec. 642. Technical amendments to national emergency management.
Subtitle D--Genome Editing Threat Assessment
Sec. 651. Genome editing threat assessment.
TITLE VII--PANDEMIC PREPAREDNESS
Sec. 701. Chief Medical Officer.
Sec. 702. Medical countermeasures program.
Sec. 703. Personal protective equipment.
Sec. 704. Teleworking assessment.
Sec. 705. Transportation security public health threat preparedness.
Sec. 706. Securing critical supplies.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the necessary expenses
of the Department of Homeland Security authorized by this Act, the
amendments made by this Act, and other provisions of law (including
relevant provisions of title 49, United States Code, and the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.))--
(1) $59,100,000,000 for fiscal year 2021, of which--
(A) $11,975,942,980 shall be for grants and agency
expenditures as provided in titles III, IV, V, and VI
and the amendments made by such titles; and
(B) $7,917,936,000 shall be for the Transportation
Security Administration as provided by section 114(w)
of title 49, United States Code; and
(2) $60,200,000,000 for fiscal year 2022, of which
$20,477,721,840 shall be for grants and agency expenditures as
provided in titles III, IV, V, and VI and the amendments made
by such titles.
TITLE I--MANAGEMENT REFORM AND ACCOUNTABILITY
Subtitle A--Headquarters Operation
SEC. 101. HOMELAND SECURITY ENTERPRISE DEFINED.
Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended--
(1) by redesignating paragraphs (9) through (20) as
paragraphs (10) through (21), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) The term `homeland security enterprise' means any
relevant governmental or nongovernmental entity involved in
homeland security, including a Federal, State, or local
government official, private sector representative, academic,
or other policy expert.''.
SEC. 102. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF DEPARTMENT OF
HOMELAND SECURITY.
Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) may enter into agreements with governments of other
countries, in consultation with the Secretary of State and
international nongovernmental organizations, in order to
achieve the missions of the Department.''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``through the Office of State and Local
Coordination (established under section 801)'' and inserting
``through the Office of Partnership and Engagement''; and
(3) by adding at the end the following new subsection:
``(h) Headquarters.--
``(1) Components.--There is in the Department a
Headquarters. The Department Headquarters shall include each of
the following:
``(A) The Office of the Secretary.
``(B) The Office of the Deputy Secretary.
``(C) The Executive Secretary.
``(D) The Management Directorate, including the
Office of the Chief Financial Officer.
``(E) The Science and Technology Directorate.
``(F) The Office of Strategy, Policy, and Plans.
``(G) The Office of the General Counsel.
``(H) The Office of the Chief Privacy Officer.
``(I) The Office for Civil Rights and Civil
Liberties.
``(J) The Office of Operations Coordination.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Legislative Affairs.
``(M) The Office of Public Affairs.
``(N) The Office of the Inspector General.
``(O) The Office of the Citizenship and Immigration
Services Ombudsman.
``(P) The Office of Partnership and Engagement.
``(Q) The Countering Weapons of Mass Destruction
Office.
``(2) Functions.--The Secretary, acting through the
appropriate official of the Headquarters, shall--
``(A) establish an overall strategy to successfully
further the mission of the Department;
``(B) establish initiatives that improve
Department-wide operational performance;
``(C) establish mechanisms to--
``(i) ensure that components of the
Department comply with Department policies and
fully implement the strategies and initiatives
of the Secretary; and
``(ii) require the head of each component
of the Department and component chief officers
to comply with such policies and implement such
strategies and initiatives;
``(D) establish annual operational and management
objectives to evaluate the performance of the
Department;
``(E) ensure that the Department successfully meets
operational and management performance objectives
through conducting oversight of component agencies;
``(F) ensure that the strategies, priorities,
investments, and workforce of Department components
align with Department objectives;
``(G) establish and implement policies related to
Department ethics and compliance standards;
``(H) establish and implement, in consultation with
the Office of Civil Rights and Civil Liberties,
policies which preserve individual liberty, fairness,
and equality under the law;
``(I) manage and encourage shared services across
Department components;
``(J) lead and coordinate interaction with Congress
and other external organizations; and
``(K) carry out other such functions as the
Secretary determines are appropriate.''.
SEC. 103. REPEAL OF DIRECTOR OF SHARED SERVICES AND OFFICE OF
COUNTERNARCOTICS ENFORCEMENT OF DEPARTMENT OF HOMELAND
SECURITY.
(a) Abolishment of Director of Shared Services.--
(1) Abolishment.--The position of Director of Shared
Services of the Department of Homeland Security is abolished.
(2) Conforming amendment.--The Homeland Security Act of
2002 is amended by striking section 475 (6 U.S.C. 295).
(3) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 475.
(b) Abolishment of the Office of Counternarcotics Enforcement.--
(1) Abolishment.--The Office of Counternarcotics
Enforcement is abolished.
(2) Conforming amendments.--The Homeland Security Act of
2002 is amended--
(A) in subparagraph (B) of section 843(b)(1) (6
U.S.C. 413(b)(1)), by striking ``by--'' and all that
follows through the end of that subparagraph and
inserting ``by the Secretary; and''; and
(B) by striking section 878 (6 U.S.C. 112).
(3) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 878.
SEC. 104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY OFFICER.
(a) In General.--Section 222 of the Homeland Security Act of 2002
(6 U.S.C. 142) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``to be the Chief Privacy
Officer of the Department and, if the Secretary
so appoints, the Chief Freedom of Information
Act (FOIA) Officer,'' after ``in the
Department,''; and
(ii) by striking ``to the Secretary, to
assume primary responsibility for privacy
policy'' and inserting ``to the Secretary. Such
official shall be deemed the equivalent of an
Assistant Secretary, and shall assume primary
responsibility for privacy policy and, if
determined appropriate by the Secretary, FOIA
policy, of the Department'';
(B) in paragraph (5)(B), by striking ``and'' at the
end; and
(C) by striking paragraph (6) and inserting the
following new paragraphs:
``(6) developing guidance and recommendations to assist
components of the Department in developing privacy policies and
practices;
``(7) establishing a mechanism to ensure such components
are in compliance with Federal, regulatory, statutory, and
Department privacy requirements, mandates, directives, and
policies;
``(8) working with the Chief Information Officer of the
Department to identify methods for managing and overseeing the
records, management policies, and procedures of the Department;
``(9) working with components and offices of the Department
to ensure that policy development, information sharing, and
information management activities incorporate disclosure
considerations and privacy protections;
``(10) serving as the Chief FOIA Officer of the Department
for purposes of subsection (j) of section 552 of title 5,
United States Code (popularly known as the Freedom of
Information Act), to manage and process requests related to
such section;
``(11) developing guidance on procedures to be followed by
individuals making requests for information under such section
552;
``(12) overseeing hiring of FOIA officers and the
management and processing of requests for information under
such section 552 within Department Headquarters and relevant
Department component offices;
``(13) identifying and eliminating unnecessary and
duplicative technology and actions taken by the Department in
the course of processing requests for information under such
section 552;
``(14) preparing an annual report to Congress that includes
a description of--
``(A) the activities of the Department that affect
privacy during the fiscal year covered by the report,
including complaints of privacy violations,
implementation of section 552a of title 5, United
States Code (popularly known as the Privacy Act of
1974), internal controls, and other matters; and
``(B) insignificant programs implemented or revised
in the Department during the fiscal year covered by the
report, the number of programs that the Chief Privacy
Officer has evaluated to ensure that privacy
protections are considered and implemented, the number
of programs reviewed that effectively implemented
privacy protections, and an explanation of why any new
programs did not effectively implement privacy
protections;
``(15) issuing guidance to relevant Department component
offices to ensure uniform disclosure policies and processes to
administer such section 552; and
``(16) carrying out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''; and
(2) by adding at the end the following new subsections:
``(f) Reassignment of Functions.--Notwithstanding any requirement
under this section, the Secretary may reassign the functions related to
managing and processing requests for information under section 552 of
title 5, United States Code, to another officer within the Department,
consistent with requirements of such section.
``(g) Working Group.--
``(1) In general.--The Chief Privacy Officer, or, if the
Secretary determines appropriate, whoever is appointed by the
Secretary as the Chief FOIA Officer, shall establish and serve
as the Chair of a working group comprised of personnel from
across the Department who are involved in executing disclosure
policies and processes involved in administration of section
552 of title 5, United States Code (commonly referred to as the
`Freedom of Information Act').
``(2) Purpose.--The working group established in accordance
with paragraph (1) shall be a forum--
``(A) for the sharing of information and best
practices; and
``(B) to develop solutions to challenges
encountered within Department component offices
relating to disclosure policies and processes referred
to in such paragraph.
``(3) Responsibilities.--Members of the working group shall
meet not less than once every quarter to advise the Chair on
matters concerning disclosure policies and processes involved
in the administration of section 552 of title 5, United States
Code, including on the following matters:
``(A) The development of guidance for uniform
disclosure policies and processes, in accordance with
paragraph (15) of subsection (a).
``(B) Ways to reduce unnecessary redundancies that
may undermine the responsive and efficient processing
of requests for information under such section 552.''.
SEC. 105. UNMANNED AIRCRAFT SYSTEMS COUNTERMEASURES COORDINATOR.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.
``(a) Coordinator.--The Secretary shall designate a senior official
of the Office of Strategy, Policy, and Plans of the Department as the
Countering Unmanned Aircraft Systems (UAS) Coordinator (in this section
referred to as the `Coordinator') to coordinate with relevant
Department offices and components, including the Office for Civil
Rights and Civil Liberties and the Privacy Office and other relevant
Federal agencies, as appropriate, on the development of policies and
plans to counter threats associated with UAS in accordance with section
210G, including the following:
``(1) Promoting research and development of counter UAS
technologies, in coordination with the Office of Science and
Technology of the Department.
``(2) Ensuring the dissemination of information and
guidance related to countering UAS threats.
``(3) Coordinate with the relevant components and offices
of the Department, including the Office of Intelligence and
Analysis, to ensure the sharing and retention of information,
guidance, and intelligence relating to countering UAS threats,
counter UAS threat assessment, and counter UAS technology.
``(4) Serving as the Department point of contact for
Federal, State, local, and Tribal law enforcement entities and
the private sector regarding the Department's activities
related to countering UAS.
``(5) Carrying out other related UAS authorities and
activities under such section 210G, as directed by the
Secretary.
``(b) Coordination With Applicable Federal Laws.--The Coordinator
shall, in addition to other assigned duties, coordinate with relevant
Department offices and components and other relevant Federal agencies,
as appropriate, to ensure testing, evaluation, or deployment of a
system used to identify, assess, or defeat a UAS is carried out in
accordance with applicable Federal laws.
``(c) Coordination With Private Sector.--The Coordinator shall,
working with the Office of Partnership and Engagement and other
relevant Department offices and components, or other Federal agencies,
as appropriate, serve as the principal Department official responsible
for disseminating to the private sector information regarding counter
UAS technology, particularly information regarding instances in which
counter UAS technology may impact lawful private sector services or
systems.
``(d) Termination.--The authority to carry out this section
terminates on the date specified in section 210G(i).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 320 the following new item:
``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.
SEC. 106. RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.
(a) In General.--Section 702 of the Homeland Security Act of 2002
(6 U.S.C. 342) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Responsibilities.--In carrying out the responsibilities,
authorities, and functions specified in section 902 of title 31, United
States Code, the Chief Financial Officer shall--
``(1) oversee Department budget formulation and execution;
``(2) lead and provide guidance on performance-based
budgeting practices for the Department to ensure that the
Department and its components are meeting missions and goals;
``(3) lead cost-estimating practices for the Department,
including the development of policies on cost estimating and
approval of life cycle cost estimates;
``(4) coordinate with the Office of Strategy, Policy, and
Plans to ensure that the development of the budget for the
Department is compatible with the long-term strategic plans,
priorities, and policies of the Secretary;
``(5) develop financial management policy for the
Department and oversee the implementation of such policy,
including the establishment of effective internal controls over
financial reporting systems and processes throughout the
Department;
``(6) provide guidance for and over financial system
modernization efforts throughout the Department;
``(7) lead the efforts of the Department related to
financial oversight, including identifying ways to streamline
and standardize business processes;
``(8) oversee the costs of acquisition programs and related
activities to ensure that actual and planned costs are in
accordance with budget estimates and are affordable, or can be
adequately funded, over the life cycle of such programs and
activities;
``(9) fully implement a common accounting structure to be
used across the entire Department by fiscal year 2022; and
``(10) track, approve, oversee, and make public information
on expenditures by components of the Department for
conferences, as appropriate, including by requiring each
component to--
``(A) report to the Inspector General of the
Department the expenditures by such component for each
conference hosted or attended by Department employees
for which the total expenditures of the Department
exceed $20,000, within 15 days after the date of the
conference; and
``(B) with respect to such expenditures, provide to
the Inspector General--
``(i) the information described in
subsections (a), (b), and (c) of section 739 of
title VII of division E of the Consolidated and
Further Continuing Appropriations Act, 2015
(Public Law 113-235); and
``(ii) documentation of such
expenditures.''.
(b) Rule of Construction.--Nothing in the amendment made by this
section may be construed as altering or amending the responsibilities,
authorities, and functions of the Chief Financial Officer of the
Department of Homeland Security under section 902 of title 31, United
States Code.
SEC. 107. CHIEF INFORMATION OFFICER.
(a) In General.--Section 703 of the Homeland Security Act of 2002
(6 U.S.C. 343) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``In addition to the functions under section
3506(a)(2) of title 44, United States Code, the Chief
Information Officer shall perform the functions set forth in
this section and such other functions as may be assigned by the
Secretary.'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Responsibilities.--In addition to performing the functions
under section 3506 of title 44, United States Code, the Chief
Information Officer shall serve as the lead technical authority for
information technology programs of the Department and Department
components, and shall--
``(1) advise and assist the Secretary, heads of the
components of the Department, and other senior officers in
carrying out the responsibilities of the Department for all
activities relating to the budgets, programs, security, and
operations of the information technology functions of the
Department;
``(2) to the extent delegated by the Secretary, exercise
leadership and authority over Department information technology
management and establish the information technology priorities,
policies, processes, standards, guidelines, and procedures of
the Department to ensure interoperability and standardization
of information technology;
``(3) maintain a consolidated inventory of the mission
critical and mission essential information systems of the
Department, and develop and maintain contingency plans for
responding to a disruption in the operation of any of those
information systems;
``(4) maintain the security, visibility, reliability,
integrity, and availability of data and information technology
of the Department;
``(5) establish and implement policies and procedures to
effectively monitor and manage vulnerabilities in the supply
chain for purchases of information technology, in consultation
with the Chief Procurement Officer of the Department;
``(6) review contracts and interagency agreements
associated with major information technology investments and
information technology investments that have had cost,
schedule, or performance challenges in the past;
``(7) assess the risk of all major information technology
investments and publicly report the risk rating to the Office
of Management and Budget;
``(8) oversee the management of the Homeland Security
Enterprise Architecture technology system and ensure that,
before each acquisition decision event (as such term is defined
in section 839), approved information technology acquisitions
comply with any departmental information technology management
requirements, security protocols, and the Homeland Security
Enterprise Architecture, and in any case in which information
technology acquisitions do not comply with the Department's
management directives, making recommendations to the
Department's Acquisition Review Board regarding such
noncompliance;
``(9) provide recommendations to the Acquisition Review
Board regarding information technology programs, and developing
information technology acquisition strategic guidance; and
``(10) carry out any other responsibilities delegated by
the Secretary consistent with an effective information system
management function.
``(c) Strategic Plans.--In coordination with the Chief Financial
Officer, the Chief Information Officer shall develop an information
technology strategic plan every five years and report to the Committee
on Homeland Security and the Committee on Appropriations of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
on the extent to which--
``(1) the budget of the Department aligns with priorities
specified in the information technology strategic plan;
``(2) the information technology strategic plan informs the
budget process of the Department;
``(3) information technology priorities were or were not
funded and the reasons for not funding all priorities in a
given fiscal year;
``(4) the Department has identified and addressed skills
gaps needed to implement the information technology strategic
plan; and
``(5) unnecessary duplicate information technology within
and across the components of the Department has been
eliminated.''.
(b) Software Licensing.--
(1) Software inventory.--Not later than 180 days after the
date of the enactment of this Act and every two years
thereafter until 2024, the Chief Information Officer of the
Department of Homeland Security, in consultation with
Department component chief information officers, shall--
(A) conduct a Department-wide inventory of all
existing software licenses held by the Department,
including utilized and unutilized licenses;
(B) assess the needs of the Department and the
components of the Department for software licenses for
the subsequent two fiscal years;
(C) examine how the Department can achieve the
greatest possible economies of scale and cost savings
in the procurement of software licenses;
(D) determine how the use of shared cloud-computing
services will impact the needs for software licenses
for the subsequent two fiscal years;
(E) establish plans and estimated costs for
eliminating unutilized software licenses for the
subsequent two fiscal years; and
(F) submit a copy of each inventory conducted under
subparagraph (A) to the Committee on Homeland Security
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate.
(2) Plan to reduce software licenses.--If the Chief
Information Officer determines through the inventory conducted
under paragraph (1) that the number of software licenses held
by the Department and the components of the Department exceed
the needs of the Department, not later than 90 days after the
date on which the inventory is completed, the Secretary of
Homeland Security shall establish a plan for reducing the
number of such software licenses to meet needs of the
Department.
(3) Prohibition on procurement of new software licenses.--
(A) In general.--Except as provided in subparagraph
(B), upon completion of a plan under paragraph (2), no
additional resources may be obligated for the
procurement of new software licenses for the Department
until such time as the need of the Department exceeds
the number of used and unused licenses held by the
Department.
(B) Exception.--The Chief Information Officer may
authorize the purchase of additional licenses and amend
the number of needed licenses as necessary.
(c) Comptroller General Review.--Not later than fiscal year 2022,
the Comptroller General of the United States shall review the extent to
which the Chief Information Officer fulfilled all requirements
established in this section and the amendment made by this section.
(d) Completion of First Definition of Capabilities.--Not later than
one year after the date of the enactment of this Act, the Chief
Information Officer shall complete the first information technology
strategic plan required under subsection (c) of section 701 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section.
SEC. 108. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002
(6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory Council and
the Homeland Security Science and Technology Advisory
Committee, or otherwise established, including the
Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting ``, including any resources
identified from redundant, wasteful, or
unnecessary capabilities and capacities that
can be redirected to better support other
existing capabilities and capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of
the submittal of the President's budget for the fiscal
year after the fiscal year''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``,
as required under subsection (b)(2)'' before
the semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan''
and inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection:
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
covered by the report were integrated into the acquisition strategy and
expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to a quadrennial homeland security review conducted
after December 31, 2020.
SEC. 109. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) In General.--Section 709 of the Homeland Security Act of 2002
(6 U.S.C. 349) is amended--
(1) in subsection (a), by adding at the end he following:
``The Office of Strategy, Policy, and Plans shall include the
following components:
``(1) The Office of International Affairs.
``(2) The Office of Cyber Policy.
``(3) The Office of Strategy, Planning, Analysis, and Risk.
``(4) The Office of Threat Prevention and Security Policy.
``(5) The Office of Border, Immigration, and Trade
Policy.'';
(2) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Assistant Secretary for International Affairs.--The Office of
International Affairs shall be led by an Assistant Secretary for
International Affairs appointed by the Secretary. The Assistant
Secretary shall--
``(1) coordinate international activities within the
Department, including activities carried out by the components
of the Department, in consultation with other Federal officials
with responsibility for counterterrorism and homeland security
matters;
``(2) advise, inform, and assist the Secretary with respect
to the development and implementation of the policy priorities
of the Department, including strategic priorities for the
deployment of assets, including personnel, outside the United
States;
``(3) develop, in consultation with the Under Secretary for
Management, guidance for selecting, assigning, training, and
monitoring overseas deployments of Department personnel,
including minimum standards for pre-deployment training;
``(4) maintain awareness regarding the international travel
of senior officers of the Department and their intent to pursue
negotiations with foreign government officials, and review
resulting draft agreements; and
``(5) perform such other functions as are established by
law or delegated by the Under Secretary for Policy.''.
(b) Abolishment of Office of International Affairs.--
(1) In general.--The Office of International Affairs within
the Office of the Secretary of Homeland Security is abolished.
(2) Transfer of assets and personnel.--The functions
authorized to be performed by such office as of the day before
the date of the enactment of this Act, and the assets and
personnel associated with such functions, are transferred to
the head of the Office of International Affairs provided for by
section 709 of the Homeland Security Act of 2002, as amended by
this section.
(3) Conforming amendment.--The Homeland Security Act of
2002 is amended by striking section 879 (6 U.S.C. 459).
(4) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 879.
(c) Conforming Amendments Relating to Assistant Secretaries.--
Subsection (a) of section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113) is amended--
(1) in the subsection heading, by inserting ``; Assistant
Secretaries and Other Officers'' after ``Under Secretaries'';
(2) in paragraph (1), by amending subparagraph (I) to read
as follows:
``(I) An Administrator of the Transportation
Security Administration.'';
(3) by amending paragraph (2) to read as follows:
``(2) Assistant secretaries.--The following Assistant
Secretaries shall be appointed by the President or the
Secretary, as the case may be, without the advice and consent
of the Senate:
``(A) Presidential appointments.--The Department
shall have the following officials appointed by the
President:
``(i) The Assistant Secretary for the
Countering Weapons of Mass Destruction Office.
``(ii) The Assistant Secretary for Public
Affairs.
``(iii) The Assistant Secretary for
Legislative Affairs.
``(iv) The Chief Medical Officer.
``(B) Secretarial appointments.--The Department
shall have the following Assistant Secretaries
appointed by the Secretary:
``(i) The Principal Assistant Secretary for
External Affairs.
``(ii) The Assistant Secretary, Office of
Cybersecurity and Communications.
``(iii) The Assistant Secretary for
International Affairs.
``(iv) The Assistant Secretary for
Partnership and Engagement.
``(v) The Assistant Secretary for Threat
Prevention and Security Policy.
``(vi) The Assistant Secretary for Border,
Immigration, and Trade Policy.
``(vii) The Assistant Secretary for Cyber,
Infrastructure, and Resilience Policy.
``(viii) The Assistant Secretary for
Strategy, Planning, Analysis, and Risk.
``(ix) The Assistant Secretary for State
and Local Law Enforcement.''; and
(4) by adding at the end the following new paragraph:
``(3) Assistant secretary for legislative affairs.--The
Assistant Secretary for Legislative Affairs shall oversee one
internal reporting structure for engaging with authorizing and
appropriating congressional committees.''.
(d) Homeland Security Advisory Council.--Subsection (b) of section
102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) shall establish a Homeland Security Advisory Council
to provide advice and recommendations on homeland security-
related matters, including advice with respect to the
preparation of the Quadrennial Homeland Security Review.''.
(e) Definitions.--In this section each of the terms ``functions'',
``assets'', and ``personnel'' has the meaning given each such term
under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(f) Duplication Review.--
(1) Review required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall complete a review of the functions and
responsibilities of each Department of Homeland Security
component responsible for international affairs to identify and
eliminate areas of unnecessary duplication.
(2) Submission to congress.--Not later than 60 days after
the completion of the review required under paragraph (1), the
Secretary shall provide the results of the review to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate.
(3) Action plan.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional homeland security committees an action plan,
including corrective steps and an estimated date of completion,
to address areas of duplication, fragmentation, and overlap and
opportunities for cost savings and revenue enhancement, as
identified by the Government Accountability Office based on the
annual report of the Government Accountability Office entitled
``Additional Opportunities to Reduce Fragmentation, Overlap,
and Duplication and Achieve Other Financial Benefits''.
SEC. 110. CHIEF PROCUREMENT OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 711. CHIEF PROCUREMENT OFFICER.
``(a) In General.--There is in the Department a Chief Procurement
Officer, who shall serve as a senior business advisor to agency
officials on procurement-related matters and report directly to the
Under Secretary for Management. The Chief Procurement Officer is the
senior procurement executive for purposes of subsection (c) of section
1702 of title 41, United States Code, and shall perform procurement
functions as specified in such subsection.
``(b) Responsibilities.--The Chief Procurement Officer shall--
``(1) delegate or retain contracting authority, as
appropriate;
``(2) issue procurement policies and oversee the heads of
contracting activity of the Department to ensure compliance
with those policies;
``(3) serve as the main liaison of the Department to
industry on procurement-related issues;
``(4) account for the integrity, performance, and oversight
of Department procurement and contracting functions;
``(5) ensure that procurement contracting strategies and
plans are consistent with the intent and direction of the
Acquisition Review Board;
``(6) oversee a centralized acquisition workforce
certification and training program using, as appropriate,
existing best practices and acquisition training opportunities
from the Federal Government, private sector, or universities
and colleges to include training on how best to identify
actions that warrant referrals for suspension or debarment;
``(7) provide input on the periodic performance reviews of
each head of contracting activity of the Department;
``(8) collect baseline data and use such data to establish
performance measures on the impact of strategic sourcing
initiatives on the private sector, including small businesses;
``(9) establish and implement policies and procedures to
effectively monitor and manage vulnerabilities in the supply
chain for all Department purchases;
``(10) ensure that a fair proportion of the value of
Federal contracts and subcontracts are awarded to small
businesses (in accordance with the procurement contract goals
under section 15(g) of the Small Business Act (15 U.S.C.
644(g))), maximize opportunities for small business
participation in such contracts, and ensure, to the extent
practicable, small businesses that achieve qualified vendor
status for security-related technologies are provided an
opportunity to compete for contracts for such technology;
``(11) conduct oversight of implementation of
administrative agreements to resolve suspension or debarment
proceedings; and
``(12) carry out any other procurement duties that the
Under Secretary for Management may designate.
``(c) Head of Contracting Activity Defined.--In this section the
term `head of contracting activity' means an official responsible for
the creation, management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to accomplish
the acquisition of products and services on behalf of the designated
components, offices, and organizations of the Department, and as
authorized, other government entities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, is amended by inserting after the
item relating to section 710 the following new item:
``Sec. 711. Chief Procurement Officer.''.
SEC. 111. CHIEF SECURITY OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this title, is further amended by
adding at the end the following new section:
``SEC. 712. CHIEF SECURITY OFFICER.
``(a) In General.--There is in the Department a Chief Security
Officer, who shall report directly to the Under Secretary for
Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop and implement the security policies,
programs, and standards of the Department;
``(2) identify training and provide education to Department
personnel on security-related matters; and
``(3) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 711, as added by this title, the following new item:
``Sec. 712. Chief Security Officer.''.
SEC. 112. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
(a) In General.--Section 801 of the Homeland Security Act of 2002
(6 U.S.C. 361) is amended to read as follows:
``SEC. 801. OFFICE OF PARTNERSHIP AND ENGAGEMENT.
``(a) Establishment.--There is established within the Office of the
Secretary an Office of Partnership and Engagement, which shall be led
by an Assistant Secretary.
``(b) Responsibilities.--The Assistant Secretary shall--
``(1) lead the efforts of the Department to incorporate
external feedback from stakeholders into policy and strategic
planning efforts, as appropriate, in consultation with the
Office for Civil Rights and Civil Liberties;
``(2) oversee and support the activities conducted under
section 2006(b);
``(3) advise the Secretary on the effects of the policies,
regulations, processes, and actions of the Department on the
private sector and create and foster strategic communications
with the private sector to enhance the primary mission of the
Department to protect the homeland;
``(4) coordinate the activities of the Department relating
to State and local governments;
``(5) provide State and local governments with regular
information, research, and technical support to assist State
and local efforts at securing the homeland; and
``(6) perform such other functions as are established by
law or delegated by the Secretary.''.
(b) Office for State and Local Law Enforcement.--Paragraph (1) of
section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b))
is amended by striking ``Policy Directorate'' and inserting ``Office of
Partnership and Engagement''.
(c) Abolishment of Office for State and Local Government
Coordination.--
(1) In general.--The Office for State and Local Government
Coordination of the Department of Homeland Security is
abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by such office as of the day before
the date of the enactment of this Act, and the assets and
personnel associated with such functions, are transferred to
the head of the Office of Partnership and Engagement under
section 801 of the Homeland Security Act of 2002, as amended by
this section.
(d) Abolishment of Special Assistant to Secretary of Homeland
Security.--
(1) In general.--The position of Special Assistant to the
Secretary of Homeland Security authorized under section 102(f)
of the Homeland Security Act of 2002 (6 U.S.C. 112(f)), as in
effect on the day before the date of the enactment of this Act,
is abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by such Special Assistant to the
Secretary as of the day before such date of enactment, and the
assets and personnel associated with such functions, are
transferred to the head of the Office of Partnership and
Engagement under section 801 of the Homeland Security Act of
2002, as amended by this section.
(3) Conforming amendment.--Section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112) is amended by--
(A) striking subsection (f); and
(B) redesignating subsection (g) as subsection (f).
(e) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by amending the item relating to section 801 to
read as follows:
``Sec. 801. Office of Partnership and Engagement.''.
SEC. 113. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.
(a) Enhancements to the Rotation Program.--Section 844 of the
Homeland Security Act of 2002 (6) U.S.C. 414) is amended--
(1) by striking ``(a) Establishment--.'';
(2) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively, and adjusting the
margins accordingly;
(3) in subsection (a), as so redesignated--
(A) by striking ``Not later than 180 days after the
date of enactment of this section, the'' and inserting
``The''; and
(B) by striking ``for employees of the Department''
and inserting ``for certain personnel within the
Department'';
(4) in subsection (b), as so redesignated--
(A) by redesignating subparagraphs (A) through (G)
as paragraphs (3) through (9), respectively, and
adjusting the margins accordingly;
(B) by inserting before paragraph (3), as so
redesignated, the following new paragraphs:
``(1) seek to foster greater departmental integration and
unity of effort;
``(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to the
programs, policies, and activities of the Department;'';
(C) in paragraph (4), as so redesignated, by
striking ``middle and senior level''; and
(D) in paragraph (7), as so redesignated, by
inserting before ``invigorate'' the following: ``seek
to improve morale and retention throughout the
Department and'';
(5) in subsection (c), as redesignated by paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(B) in paragraph (2), as so redesignated--
(i) by striking clause (iii); and
(ii) by redesignating clauses (i), (ii),
and (iv) through (viii) as subparagraphs (A)
through (G), respectively, and adjusting the
margins accordingly;
(6) by redesignating subsections (d) and (e), as
redesignated by paragraph (2), as subsections (e) and (f),
respectively;
(7) by inserting after subsection (c) the following new
subsection:
``(d) Administrative Matters.--In carrying out the Rotation Program
the Secretary shall--
``(1) before selecting employees for participation in the
Rotation Program, disseminate information broadly within the
Department about the availability of the Rotation Program,
qualifications for participation in the Rotation Program,
including full-time employment within the employing component
or office not less than one year, and the general provisions of
the Rotation Program;
``(2) require as a condition of participation in the
Rotation Program that an employee--
``(A) is nominated by the head of the component or
office employing the employee; and
``(B) is selected by the Secretary, or the
Secretary's designee, solely on the basis of relative
ability, knowledge, and skills, after fair and open
competition that assures that all candidates receive
equal opportunity;
``(3) ensure that each employee participating in the
Rotation Program shall be entitled to return, within a
reasonable period of time after the end of the period of
participation, to the position held by the employee, or a
corresponding or higher position, in the component or office
that employed the employee prior to the participation of the
employee in the Rotation Program;
``(4) require that the rights that would be available to
the employee if the employee were detailed from the employing
component or office to another Federal agency or office remain
available to the employee during the employee participation in
the Rotation Program; and
``(5) require that, during the period of participation by
an employee in the Rotation Program, performance evaluations
for the employee--
``(A) shall be conducted by officials in the office
or component employing the employee with input from the
supervisors of the employee at the component or office
in which the employee is placed during that period; and
``(B) shall be provided the same weight with
respect to promotions and other rewards as performance
evaluations for service in the office or component
employing the employee.''; and
(8) by adding at the end the following new subsection:
``(g) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of the
Rotation Program under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
conjunction with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program
established pursuant to paragraph (1).
``(3) Eligibility.--The Intelligence Rotational Assignment
Program established pursuant to paragraph (1) shall be open to
employees serving in existing analyst positions within the
Department's Intelligence Enterprise and other Department
employees as determined appropriate by the Chief Human Capital
Officer and the Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program under such
subsection shall, as applicable, also apply to the Intelligence
Rotational Assignment Program under this subsection.''.
(b) Congressional Notification and Oversight.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall provide to the Committee on Homeland Security
and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate information about the status of the Homeland
Security Rotation Program authorized by section 844 of the Homeland
Security Act of 2002, as amended by subsection (a) of this section.
SEC. 114. ANNUAL SUBMISSION TO CONGRESS OF INFORMATION REGARDING
REPROGRAMMING OR TRANSFER OF DEPARTMENT OF HOMELAND
SECURITY RESOURCES TO RESPOND TO OPERATIONAL SURGES.
(a) In General.--Title VII of the Homeland Security Act of 2002, as
amended by this title, is further amended by adding at the end the
following new section:
``SEC. 713. ANNUAL SUBMISSION TO CONGRESS OF INFORMATION ON
REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND TO
OPERATIONAL SURGES.
``For each fiscal year until fiscal year 2023, the Secretary of
Homeland Security shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, together with the annual budget
request for the Department, information on--
``(1) any circumstance during the year covered by the
report in which the Secretary exercised the authority to
reprogram or transfer funds to address unforeseen costs,
including costs associated with operational surges; and
``(2) any circumstance in which any limitation on the
transfer or reprogramming of funds affected the ability of the
Secretary to address such unforeseen costs.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 712, as added by this title, the following new item:
``Sec. 713. Annual submission to Congress of information on
reprogramming or transfers of funds to
respond to operational surges.''.
SEC. 115. OVERSEAS PERSONNEL BRIEFING.
(a) Briefing Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and every 180 days thereafter, the
Secretary of Homeland Security shall provide to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a briefing regarding Department of Homeland Security
personnel with primary duties that take place outside of the
United States.
(2) Requirements.--The briefings required under paragraph
(1) shall include the following:
(A) A detailed summary of, and deployment schedule
for, each type of personnel position with primary
duties that take place outside of the United States and
how each such position contributes to the Department of
Homeland Security's counterterrorism mission.
(B) Information related to how the geographic and
regional placement of such positions contributes to the
Department's counterterrorism mission.
(C) Information related to any risk mitigation
plans for each geographic and regional placement,
including to address counter-intelligence risks.
(D) Information regarding the costs of deploying or
maintaining personnel at each geographic and regional
placement, including information on any cost-sharing
agreement with foreign partners to cover a portion or
all the costs relating to such deployment or
maintenance.
(E) Maintain and enhance practices to guard against
counter-espionage and counter-intelligence threats,
including cyber threats, associated with Department
personnel.
(F) Information regarding trends in foreign efforts
to influence such personnel while deployed overseas to
contribute to the Department's counterterrorism
mission.
(G) Information related to the position-specific
training received by such personnel before and during
placement at a foreign location.
(H) Challenges that may impede the communication of
counterterrorism information between Department
personnel at foreign locations and Department entities
in the United States, including technical, resource,
and administrative challenges.
(I) The status of efforts to implement the strategy
referred to in paragraph (1).
(J) The status of efforts (beginning with the
second briefing required under this subsection) to
implement the enhancement plan under subsection (b).
(3) Termination.--The briefing requirement under paragraph
(1) shall terminate on the date that is 4 years after the
submission of the strategy referred to in such paragraph.
(b) Overseas Personnel Enhancement Plan.--
(1) In general.--Not later than 90 days after the first
briefing required under subsection (a), the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a plan to enhance the
effectiveness of Department of Homeland Security personnel at
foreign locations.
(2) Plan requirements.--The plan required under paragraph
(1) shall include proposals to--
(A) improve efforts of Department of Homeland
Security personnel at foreign locations, as necessary,
for purposes of providing foreign partner capacity
development and furthering the Department's
counterterrorism mission;
(B) as appropriate, redeploy Department personnel
to respond to changing threats to the United States;
(C) enhance collaboration among Department
personnel at foreign locations, other Federal personnel
at foreign locations, and foreign partners;
(D) improve the communication of counterterrorism
information between Department personnel at foreign
locations and Department entities in the United States,
including to address technical, resource, and
administrative challenges; and
(E) maintain practices to guard against counter-
espionage threats associated with Department personnel.
Subtitle B--Acquisition Reform
SEC. 121. ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. ACQUISITION REVIEW BOARD.
``(a) In General.--The Secretary shall establish an Acquisition
Review Board (in this section referred to as the `Board') to--
``(1) strengthen accountability and uniformity within the
Department acquisition review process;
``(2) review major acquisition programs; and
``(3) review the use of best practices.
``(b) Composition.--
``(1) Chair.--The Under Secretary for Management shall
serve as chair of the Board.
``(2) Participation.--The Secretary shall ensure
participation by other relevant Department officials with
responsibilities related to acquisitions as permanent members
of the Board.
``(3) Oversight.--The Under Secretary for Management shall
designate a full-time employee of the Department to oversee the
operations of the Board.
``(c) Meetings.--The Board shall meet regularly for purposes of
ensuring all acquisitions processes proceed in a timely fashion to
achieve mission readiness. The Board shall convene at the Secretary's
discretion and at any time--
``(1) a major acquisition program--
``(A) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life cycle;
``(B) is in breach of its approved requirements; or
``(C) requires additional review, as determined by
the Under Secretary for Management; or
``(2) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board are as
follows:
``(1) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(2) Oversee whether a proposed acquisition's business
strategy, resources, management, and accountability is
executable and is aligned to strategic initiatives.
``(3) Support the person with acquisition decision
authority for an acquisition in determining the appropriate
direction for such acquisition at key acquisition decision
events.
``(4) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in compliance with the
approved documents for their current acquisition phases.
``(5) Review the acquisition documents of each major
acquisition program, including the acquisition program baseline
and documentation reflecting consideration of tradeoffs among
cost, schedule, and performance objectives, to ensure the
reliability of underlying data.
``(6) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event, including,
at a minimum, the following practices:
``(A) Department officials responsible for
acquisition, budget, and cost estimating functions are
provided with the appropriate opportunity to develop
estimates and raise cost and schedule matters before
performance objectives are established for capabilities
when feasible.
``(B) Full consideration is given to possible
trade-offs among cost, schedule, and performance
objectives for each alternative.
``(e) Acquisition Program Baseline Report Requirement.--If the
person exercising acquisition decision authority over a major
acquisition program approves such program to proceed into the planning
phase before such program has a Department-approved acquisition program
baseline, the Under Secretary for Management shall create and approve
an acquisition program baseline report regarding such approval, and the
Secretary shall--
``(1) within 7 days after an acquisition decision
memorandum is signed, notify in writing the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate of such decision; and
``(2) within 60 days after the acquisition decision
memorandum is signed, submit to such committees a written
explanation of the rationale for such decision and a plan of
action to address acquisition program baseline requirements for
such program.
``(f) Report.--The Under Secretary for Management shall provide
information to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on an annual basis through fiscal year 2024 on
the activities of the Board for the prior fiscal year that includes
information relating to the following:
``(1) For each meeting of the Board, any acquisition
decision memoranda.
``(2) Results of the systematic reviews conducted pursuant
to paragraph (4) of subsection (d).
``(3) Results of acquisition document reviews required
pursuant to paragraph (5) of subsection (d).
``(4) Activities to ensure that practices are adopted and
implemented throughout the Department pursuant to paragraph (6)
of subsection (d).
``(g) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary acting through the Deputy Secretary or Under
Secretary for Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or cancelling) an acquisition program
through the life cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure good acquisition program management of
cost, schedule, risk, and system performance of the
acquisition program at issue, including assessing
acquisition program baseline breaches and directing any
corrective action for such breaches; and
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program, means
a predetermined point within each of the acquisition phases at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum', with respect to an
acquisition, means the official acquisition decision event
record that includes a documented record of decisions, exit
criteria, and assigned actions for such acquisition, as
determined by the person exercising acquisition decision
authority for such acquisition.
``(5) Acquisition program.--The term `acquisition program'
means the process by which the Department acquires, with any
appropriated amounts, by contract for purchase or lease,
property or services (including construction) that support the
missions and goals of the Department.
``(6) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be met in order to accomplish the goals of
such program.
``(7) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most
appropriate solution;
``(C) clearly establishing well-defined
requirements;
``(D) developing realistic cost assessments and
schedules;
``(E) securing stable funding that matches
resources to requirements;
``(F) demonstrating technology, design, and
manufacturing maturity;
``(G) using milestones and exit criteria or
specific accomplishments that demonstrate progress;
``(H) adopting and executing standardized processes
with known success across programs;
``(I) establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions; and
``(J) integrating the capabilities described in
subparagraphs (A) through (I) into the Department's
mission and business operations.
``(8) Major acquisition program.--The term `major
acquisition program' means a Department acquisition program
that is estimated by the Secretary to require an eventual total
expenditure of at least $300 million (based on fiscal year 2019
constant dollars) over its life cycle cost.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 835 the following new
item:
``Sec. 836. Acquisition Review Board.''.
SEC. 122. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT OF
THE DEPARTMENT OF HOMELAND SECURITY.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended by--
(1) redesignating subsection (d), the first subsection (e)
(relating to the system for award management consultation), and
the second subsection (e) (relating to the definition of
interoperable communications) as subsections (e), (f), and (g),
respectively; and
(2) inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(a) of title
41, United States Code, the Under Secretary for Management is
the Chief Acquisition Officer of the Department. As Chief
Acquisition Officer, the Under Secretary shall have the
authorities and perform the functions specified in such section
1702(b), and perform all other functions and responsibilities
delegated by the Secretary or described in this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of title
41, United States Code, the functions and responsibilities of
the Under Secretary for Management related to acquisition (as
such term is defined in section 836) include the following:
``(A) Advising the Secretary regarding acquisition
management activities, taking into account risks of
failure to achieve cost, schedule, or performance
parameters, to ensure that the Department achieves its
mission through the adoption of widely accepted program
management best practices (as such term is defined in
section 836) and standards and, where appropriate,
acquisition innovation best practices.
``(B) Leading the Department's acquisition
oversight body, the Acquisition Review Board.
``(C) Exercising the acquisition decision authority
(as such term is defined in section 836) to approve,
pause, modify (including the rescission of approvals of
program milestones), or cancel major acquisition
programs (as such term is defined in section 836),
unless the Under Secretary delegates such authority to
a Component Acquisition Executive (as such term is
defined in section 836) pursuant to paragraph (3).
``(D) Establishing policies for acquisition that
implement an approach that takes into account risks of
failure to achieve cost, schedule, or performance
parameters that all components of the Department shall
comply with, including outlining relevant authorities
for program managers to effectively manage acquisition
programs (as such term is defined in section 836).
``(E) Ensuring that each major acquisition program
has a Department-approved acquisition program baseline
(as such term is defined in section 836), pursuant to
the Department's acquisition management policy.
``(F) Assisting the heads of components and
Component Acquisition Executives in efforts to comply
with Federal law, the Federal Acquisition Regulation,
and Department acquisition management directives.
``(G) Ensuring that grants and financial assistance
are provided only to individuals and organizations that
are not suspended or debarred.
``(H) Distributing guidance throughout the
Department to ensure that contractors involved in
acquisitions, particularly contractors that access the
Department's information systems and technologies,
adhere to relevant Department policies related to
physical and information security as identified by the
Under Secretary for Management.
``(I) Overseeing the Component Acquisition
Executive organizational structure to ensure Component
Acquisition Executives have sufficient capabilities and
comply with Department acquisition policies.
``(3) Delegation of certain acquisition decision
authority.--
``(A) Level 3 acquisitions.--The Under Secretary
for Management may delegate acquisition decision
authority to the relevant Component Acquisition
Executive for an acquisition program that has a life
cycle cost estimate of less than $300,000,000.
``(B) Level 2 acquisitions.--The Under Secretary
for Management may delegate acquisition decision
authority in writing to the relevant Component
Acquisition Executive for a major acquisition program
that has a life cycle cost estimate of at least
$300,000 but not more than $1,000,000,000 if all of the
following requirements are met:
``(i) The component concerned possesses
working policies, processes, and procedures
that are consistent with Department-level
acquisition policy.
``(ii) The Component Acquisition Executive
concerned has adequate, experienced, and
dedicated professional employees with program
management training, as applicable,
commensurate with the size of the acquisition
programs and related activities delegated to
such Component Acquisition Executive by the
Under Secretary for Management.
``(iii) Each major acquisition program
concerned has written documentation showing
that it has a Department-approved acquisition
program baseline and it is meeting agreed-upon
cost, schedule, and performance thresholds.
``(C) Level 1 acquisitions.--The Under Secretary
for Management may delegate acquisition decision
authority in writing to the relevant Component
Acquisition Executive for a Level 1 major acquisition
program that has a life cycle cost estimate of more
than $1,000,000,000 if all of the following
requirements are met:
``(i) The Undersecretary for Management
conducts a risk assessment of the planned
acquisition and determines that it is
appropriate to delegate authority for such
major acquisition program.
``(ii) The component concerned possesses
working policies, processes, and procedures
that are consistent with Department-level
acquisition policy.
``(iii) The Component Acquisition Executive
concerned has adequate, experienced, and
dedicated professional employees with program
management training, as applicable,
commensurate with the size of the acquisition
programs and related activities delegated to
such Component Acquisition Executive by the
Under Secretary for Management.
``(iv) Each Level 1 major acquisition
program concerned has written documentation
showing that it has a Department-approved
acquisition program baseline and it is meeting
agreed-upon cost, schedule, and performance
thresholds.
``(v) The Under Secretary for Management
provides written notification to the
appropriate congressional committees of the
decision to delegate the authority to the
relevant Component Acquisition Executive.
``(4) Relationship to under secretary for science and
technology.--
``(A) In general.--Nothing in this subsection shall
diminish the authority granted to the Under Secretary
for Science and Technology under this Act. The Under
Secretary for Management and the Under Secretary for
Science and Technology shall cooperate in matters
related to the coordination of acquisitions across the
Department so that investments of the Directorate of
Science and Technology are able to support current and
future requirements of the components of the
Department.
``(B) Operational testing and evaluation.--The
Under Secretary for Science and Technology shall--
``(i) ensure, in coordination with relevant
component heads, that major acquisition
programs--
``(I) complete operational testing
and evaluation of technologies and
systems to be acquired or developed by
major acquisition programs to assess
operational effectiveness, suitability,
and cybersecurity;
``(II) use independent verification
and validation of operational test and
evaluation implementation and results,
as appropriate; and
``(III) document whether such
programs meet all performance
requirements included in their
acquisition program baselines;
``(ii) ensure that such operational testing
and evaluation includes all system components
and incorporates operators into the testing to
ensure that systems perform as intended in the
appropriate operational setting; and
``(iii) determine if testing conducted by
other Federal departments and agencies and
private entities is relevant and sufficient in
determining whether systems perform as intended
in the operational setting.''.
SEC. 123. ACQUISITION AUTHORITIES FOR UNDER SECRETARY OF STRATEGY,
POLICY, AND PLANS.
Subsection (c) of section 709 of the Homeland Security Act of 2002
(6 U.S.C. 349) is amended by--
(1) redesignating paragraphs (4) through (7) as (5) through
(8), respectively; and
(2) inserting after paragraph (3) the following new
paragraph:
``(4) ensure acquisition programs (as such term is defined
in section 836) support the DHS Quadrennial Homeland Security
Review Report, the DHS Strategic Plan, the DHS Strategic
Priorities, and other appropriate successor documents;''.
SEC. 124. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT (PARM).
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this title, is further amended by
adding at the end the following new section:
``SEC. 714. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT.
``(a) Establishment of Office.--Within the Management Directorate,
there shall be a Program Accountability and Risk Management office to--
``(1) provide consistent accountability, standardization,
and transparency of major acquisition programs of the
Department;
``(2) serve as the central oversight function for all
Department major acquisition programs; and
``(3) provide review and analysis of Department acquisition
programs, as appropriate.
``(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management office shall be led by an Executive
Director to oversee the requirements specified in subsection (a). The
Executive Director shall report directly to the Under Secretary for
Management, and shall carry out the following responsibilities:
``(1) Monitor regularly the performance of Department major
acquisition programs between acquisition decision events to
identify problems with cost, performance, or schedule that
components may need to address to prevent cost overruns,
performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the Department's acquisition programs and related activities.
``(3) Conduct oversight of individual acquisition programs
to implement Department acquisition program policy, procedures,
and guidance with a priority on ensuring the data the office
collects and maintains from Department components is accurate
and reliable.
``(4) Serve as the focal point and coordinator for the
acquisition life cycle review process and as the executive
secretariat for the Department's Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing clear lines of authority,
accountability, and responsibility for acquisition decision
making within the Department.
``(6) Assist the Chief Procurement Officer of the
Department, as appropriate, in developing strategies and
specific plans for hiring, training, and professional
development to address any deficiency within the Department's
acquisition workforce.
``(7) Develop standardized certification standards in
consultation with the Component Acquisition Executives for all
acquisition program managers.
``(8) Assess the results of major acquisition programs'
post-implementation reviews and identify opportunities to
improve performance throughout the acquisition process.
``(9) Provide technical support and assistance to
Department acquisition programs and acquisition personnel and
coordinate with the Chief Procurement Officer regarding
workforce training and development activities.
``(10) Assist, as appropriate, with the preparation of the
Future Years Homeland Security Program, and make such
information available to the congressional homeland security
committees.
``(c) Responsibilities of Components.--Each head of a component
shall comply with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by the Under
Secretary for Management. For each major acquisition program, each head
of a component shall--
``(1) define baseline requirements and document changes to
such requirements, as appropriate;
``(2) establish a complete life cycle cost estimate with
supporting documentation that is consistent with cost
estimating best practices as identified by the Comptroller
General of the United States;
``(3) verify each life cycle cost estimate against
independent cost estimates or assessments, as appropriate, and
reconcile any differences;
``(4) complete a cost-benefit analysis with supporting
documentation;
``(5) develop and maintain a schedule that is consistent
with scheduling best practices as identified by the Comptroller
General of the United States, including, in appropriate cases,
an integrated master schedule; and
``(6) ensure that all acquisition program information
provided by the component is complete, accurate, timely, and
valid.
``(d) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the meaning
given such term in section 131 of title 41, United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority, held by
the Secretary acting through the Deputy Secretary or Under
Secretary for Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program through
the life cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure good acquisition program management of
cost, schedule, risk, and system performance of the
acquisition program at issue, including assessing
acquisition program baseline breaches and directing any
corrective action for such breaches; and
``(E) ensure that acquisition program managers, on
an ongoing basis, monitor cost, schedule, and
performance against established baselines and use tools
to assess risks to an acquisition program at all phases
of the life cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) Acquisition decision event.--The term `acquisition
decision event', with respect to an acquisition program, means
a predetermined point within each of the acquisition phases at
which the acquisition decision authority determines whether
such acquisition program shall proceed to the next acquisition
phase.
``(4) Acquisition program.--The term `acquisition program'
means the process by which the Department acquires, with any
appropriated amounts or fee funding, by contract for purchase
or lease, property or services (including construction) that
support the missions and goals of the Department.
``(5) Acquisition program baseline.--The term `acquisition
program baseline', with respect to an acquisition program,
means a summary of the cost, schedule, and performance
parameters, expressed in standard, measurable, quantitative
terms, which must be met in order to accomplish the goals of
such program.
``(6) Best practices.--The term `best practices', with
respect to acquisition, means a knowledge-based approach to
capability development that includes the following:
``(A) Identifying and validating needs.
``(B) Assessing alternatives to select the most
appropriate solution.
``(C) Clearly establishing well-defined
requirements.
``(D) Developing realistic cost assessments and
schedules.
``(E) Securing stable funding that matches
resources to requirements.
``(F) Demonstrating technology, design, and
manufacturing maturity.
``(G) Using milestones and exit criteria or
specific accomplishments that demonstrate progress.
``(H) Adopting and executing standardized processes
with known success across programs.
``(I) Establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions.
``(J) Integrating the capabilities described in
subparagraphs (A) through (I) into the Department's
mission and business operations.
``(7) Breach.--The term `breach', with respect to a major
acquisition program, means a failure to meet any cost,
schedule, or performance threshold specified in the most
recently approved acquisition program baseline.
``(8) Congressional homeland security committees.--The term
`congressional homeland security committees' means--
``(A) the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations
of the Senate.
``(9) Component acquisition executive.--The term `Component
Acquisition Executive' means the senior acquisition official
within a component who is designated in writing by the Under
Secretary for Management, in consultation with the component
head, with authority and responsibility for leading a process
and staff to provide acquisition and program management
oversight, policy, and guidance to ensure that statutory,
regulatory, and higher level policy requirements are fulfilled,
including compliance with Federal law, the Federal Acquisition
Regulation, and Department acquisition management directives
established by the Under Secretary for Management.
``(10) Major acquisition program.--The term `major
acquisition program' means a Department acquisition program
that is estimated by the Secretary to require an eventual total
expenditure of at least $300,000,000 (based on fiscal year 2019
constant dollars) over its life cycle cost or a program
identified by the Chief Acquisition Officer as a program of
special interest.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 713, as added by this title, the following new
item:
``Sec. 714. Acquisition authorities for Program Accountability and Risk
Management.''.
SEC. 125. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF BOARD AND OF
REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION
PROGRAMS.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of the effectiveness of the Acquisition Review
Board established under section 836 of the Homeland Security Act of
2002 (as added by this title) and the requirements to reduce
unnecessary duplication in acquisition programs established under
section 837 of such Act (as added by this title) in improving the
Department's acquisition management process.
(b) Scope of Report.--The review shall include the following:
(1) An assessment of the effectiveness of the Board in
increasing program management oversight, best practices and
standards, and discipline among the components of the
Department, including in working together and in preventing
overlap and unnecessary duplication.
(2) An assessment of the effectiveness of the Board in
instilling program management discipline.
(3) A statement of how regularly each major acquisition
program is reviewed by the Board, how often the Board stops
major acquisition programs from moving forward in the phases of
the acquisition life cycle process, and the number of major
acquisition programs that have been halted because of problems
with operational effectiveness, schedule delays, or cost
overruns.
(4) An assessment of the effectiveness of the Board in
impacting acquisition decision making within the Department,
including the degree to which the Board impacts decision making
within other headquarters mechanisms and bodies involved in the
administration of acquisition activities.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional homeland security committees a report on the review
required by this section. The report shall be submitted in unclassified
form but may include a classified annex.
SEC. 126. EXCLUDED PARTY LIST SYSTEM WAIVERS.
Not later than five days after the issuance of a waiver by the
Secretary of Homeland Security of Federal requirements that an agency
not engage in business with a contractor in the Excluded Party List
System (or successor system) as maintained by the General Services
Administration, the Secretary shall submit to Congress notice of such
waiver and an explanation for a finding by the Secretary that a
compelling reason exists for issuing such waiver.
SEC. 127. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND DEBARMENT.
The Inspector General of the Department of Homeland Security
shall--
(1) conduct audits as determined necessary by the Inspector
General regarding grant and procurement awards to identify
instances in which a contract or grant was improperly awarded
to a suspended or debarred entity and whether corrective
actions were taken to prevent recurrence; and
(2) review the suspension and debarment program throughout
the Department to assess whether suspension and debarment
criteria are consistently applied throughout the Department and
whether disparities exist in the application of such criteria,
particularly with respect to business size and categories.
SEC. 128. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 837. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
``(a) Requirements Within Department in Event of Breach.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach occurs
in a major acquisition program, the program manager for
such program shall notify the Component Acquisition
Executive for such program, the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, the Under
Secretary for Management, and the Deputy Secretary not
later than 30 calendar days after such breach is
identified.
``(B) Notification to secretary.--If a breach
occurs in a major acquisition program and such breach
results in a cost overrun greater than 15 percent, a
schedule delay greater than 180 days, or a failure to
meet any of the performance thresholds from the cost,
schedule, or performance parameters specified in the
most recently approved acquisition program baseline for
such program, the Component Acquisition Executive for
such program shall notify the Secretary and the
Inspector General of the Department not later than five
business days after the Component Acquisition Executive
for such program, the head of the component concerned,
the Executive Director of the Program Accountability
and Risk Management Division, the Under Secretary for
Management, and the Deputy Secretary are notified of
the breach pursuant to subparagraph (A).
``(2) Remediation plan and root cause analysis.--
``(A) In general.--If a breach occurs in a major
acquisition program, the program manager for such
program shall submit to the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, and the
Under Secretary for Management in writing a remediation
plan and root cause analysis relating to such breach
and program. Such plan and analysis shall be submitted
at a date established at the discretion of the Under
Secretary for Management.
``(B) Remediation plan.--The remediation plan
required under this subparagraph (A) shall--
``(i) explain the circumstances of the
breach at issue;
``(ii) provide prior cost estimating
information;
``(iii) include a root cause analysis that
determines the underlying cause or causes of
shortcomings in cost, schedule, or performance
of the major acquisition program with respect
to which such breach has occurred, including
the role, if any, of--
``(I) unrealistic performance
expectations;
``(II) unrealistic baseline
estimates for cost or schedule or
changes in program requirements;
``(III) immature technologies or
excessive manufacturing or integration
risk;
``(IV) unanticipated design,
engineering, manufacturing, or
technology integration issues arising
during program performance;
``(V) changes to the scope of such
program;
``(VI) inadequate program funding
or changes in planned out-year funding
from one 5-year funding plan to the
next 5-year funding plan as outlined in
the Future Years Homeland Security
Program required under section 874;
``(VII) legislative, legal, or
regulatory changes; or
``(VIII) inadequate program
management personnel, including lack of
sufficient number of staff, training,
credentials, certifications, or use of
best practices;
``(iv) propose corrective action to address
cost growth, schedule delays, or performance
issues;
``(v) explain the rationale for why a
proposed corrective action is recommended; and
``(vi) in coordination with the Component
Acquisition Executive for such program, discuss
all options considered, including the estimated
impact on cost, schedule, or performance of
such program if no changes are made to current
requirements, the estimated cost of such
program if requirements are modified, and the
extent to which funding from other programs
will need to be reduced to cover the cost
growth of such program.
``(3) Review of corrective actions.--
``(A) In general.--The Under Secretary for
Management shall review the remediation plan required
under paragraph (2). The Under Secretary may approve
such plan or provide an alternative proposed corrective
action within 30 days of the submission of such plan
under such paragraph.
``(B) Submission to congress.--Not later than 30
days after the review required under subparagraph (A)
is completed, the Under Secretary for Management shall
submit to the congressional homeland security
committees the following:
``(i) A copy of the remediation plan and
the root cause analysis required under
paragraph (2).
``(ii) A statement describing the
corrective action or actions that have occurred
pursuant to paragraph (2)(b)(iv) for the major
acquisition program at issue, with a
justification for such action or actions.
``(b) Requirements Relating to Congressional Notification if Breach
Occurs.--
``(1) Notification to congress.--If a notification to the
Secretary is made under subsection (a)(1)(B) relating to a
breach in a major acquisition program, the Under Secretary for
Management shall notify the congressional homeland security
committees of such breach in the next quarterly Comprehensive
Acquisition Status Report, as required by title I of division D
of the Consolidated Appropriations Act, 2016 (Public Law 114-
113), following receipt by the Under Secretary of notification
under such subsection.
``(2) Significant variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent or a likely
delay is greater than 12 months from the costs and schedule
specified in the acquisition program baseline for a major
acquisition program, the Under Secretary for Management shall
include in the notification required in paragraph (1) a written
certification, with supporting explanation, that--
``(A) such program is essential to the
accomplishment of the Department's mission;
``(B) there are no alternatives to the capability
or asset provided by such program that will provide
equal or greater capability in both a more cost-
effective and timely manner;
``(C) the new acquisition schedule and estimates
for total acquisition cost are reasonable; and
``(D) the management structure for such program is
adequate to manage and control cost, schedule, and
performance.
``(c) Congressional Homeland Security Committees Defined.--In this
section, the term `congressional homeland security committees' means--
``(1) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 836, as added by this title, the following new
item:
``Sec. 837. Congressional notification and other requirements for major
acquisition program breach.''.
SEC. 129. MULTIYEAR ACQUISITION STRATEGY.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 838. MULTIYEAR ACQUISITION STRATEGY.
``(a) Multiyear Acquisition Strategy Required.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, the Secretary shall submit to
the appropriate congressional committees and the Comptroller
General of the United States a multiyear acquisition strategy
to guide the overall direction of the acquisitions of the
Department while allowing flexibility to deal with ever-
changing threats and risks, to keep pace with changes in
technology that could impact deliverables, and to help industry
better understand, plan, and align resources to meet the future
acquisition needs of the Department. Such strategy shall be
updated and included in each Future Years Homeland Security
Program.
``(2) Form.--The strategy required under paragraph (1)
shall be submitted in unclassified form but may include a
classified annex for any sensitive or classified information if
necessary. The Secretary shall publish such strategy in an
unclassified format that is publicly available.
``(b) Consultation.--In developing the strategy required under
subsection (a), the Secretary shall, as the Secretary determines
appropriate, consult with headquarters, components, employees in the
field, and individuals from industry and the academic community.
``(c) Contents of Strategy.--The strategy shall include the
following:
``(1) Prioritized list.--A systematic and integrated
prioritized list developed by the Under Secretary for
Management in coordination with all of the Component
Acquisition Executives of Department major acquisition programs
that Department and component acquisition investments seek to
address, including the expected security and economic benefit
of the program or system that is the subject of acquisition and
an analysis of how the security and economic benefit derived
from such program or system will be measured.
``(2) Inventory.--A plan to develop a reliable Department-
wide inventory of investments and real property assets to help
the Department--
``(A) plan, budget, schedule, and acquire upgrades
of its systems and equipment; and
``(B) plan for the acquisition and management of
future systems and equipment.
``(3) Funding gaps.--A plan to address funding gaps between
funding requirements for major acquisition programs and known
available resources, including, to the maximum extent
practicable, ways of leveraging best practices to identify and
eliminate overpayment for items to--
``(A) prevent wasteful purchasing;
``(B) achieve the greatest level of efficiency and
cost savings by rationalizing purchases;
``(C) align pricing for similar items; and
``(D) utilize purchase timing and economies of
scale.
``(4) Identification of capabilities.--An identification of
test, evaluation, modeling, and simulation capabilities that
will be required to--
``(A) support the acquisition of technologies to
meet the needs of such strategy;
``(B) leverage to the greatest extent possible
emerging technological trends and research and
development trends within the public and private
sectors; and
``(C) identify ways to ensure that appropriate
technology is acquired and integrated into the
Department's operating doctrine to improve mission
performance.
``(5) Focus on flexible solutions.--An assessment of ways
the Department can improve its ability to test and acquire
innovative solutions to allow needed incentives and protections
for appropriate risk-taking in order to meet its acquisition
needs with resiliency, agility, and responsiveness to assure
homeland security and facilitate trade.
``(6) Focus on incentives to save taxpayer dollars.--An
assessment of ways the Department can develop incentives for
program managers and senior Department acquisition officials
to--
``(A) prevent cost overruns;
``(B) avoid schedule delays; and
``(C) achieve cost savings in major acquisition
programs.
``(7) Focus on addressing delays and bid protests.--An
assessment of ways the Department can improve the acquisition
process to minimize cost overruns in--
``(A) requirements development;
``(B) procurement announcements;
``(C) requests for proposals;
``(D) evaluation of proposals;
``(E) protests of decisions and awards; and
``(F) the use of best practices.
``(8) Focus on improving outreach.--An identification and
assessment of ways to increase opportunities for communication
and collaboration with industry, small and disadvantaged
businesses, intra-government entities, university centers of
excellence, accredited certification and standards development
organizations, and national laboratories to ensure that the
Department understands the market for technologies, products,
and innovation that is available to meet its mission needs and
to inform the Department's requirements-setting process before
engaging in an acquisition, including--
``(A) methods designed especially to engage small
and disadvantaged businesses, a cost-benefit analysis
of the tradeoffs that small and disadvantaged
businesses provide, information relating to barriers to
entry for small and disadvantaged businesses, and
information relating to unique requirements for small
and disadvantaged businesses; and
``(B) within the Department Vendor Communication
Plan and Market Research Guide, instructions for
interaction by acquisition program managers with such
entities to--
``(i) prevent misinterpretation of
acquisition regulations; and
``(ii) permit, within legal and ethical
boundaries, interacting with such entities with
transparency.
``(9) Competition.--A plan regarding competition under
subsection (d).
``(10) Acquisition workforce.--A plan regarding the
Department acquisition workforce under subsection (e).
``(d) Competition Plan.--The strategy required under subsection (a)
shall also include a plan to address actions to ensure competition, or
the option of competition, for major acquisition programs. Such plan
may include assessments of the following measures in appropriate cases
if such measures are cost effective:
``(1) Competitive prototyping.
``(2) Dual-sourcing.
``(3) Unbundling of contracts.
``(4) Funding of next-generation prototype systems or
subsystems.
``(5) Use of modular, open architectures to enable
competition for upgrades.
``(6) Acquisition of complete technical data packages.
``(7) Periodic competitions for subsystem upgrades.
``(8) Licensing of additional suppliers, including small
businesses.
``(9) Periodic system or program reviews to address long-
term competitive effects of program decisions.
``(e) Acquisition Workforce Plan.--
``(1) Acquisition workforce.--The strategy required under
subsection (a) shall also include a plan to address Department
acquisition workforce accountability and talent management that
identifies the acquisition workforce needs of each component
performing acquisition functions and develops options for
filling such needs with qualified individuals, including a
cost-benefit analysis of contracting for acquisition
assistance.
``(2) Additional matters covered.--The acquisition
workforce plan under this subsection shall address ways to--
``(A) improve the recruitment, hiring, training,
and retention of Department acquisition workforce
personnel, including contracting officer's
representatives, in order to retain highly qualified
individuals who have experience in the acquisition life
cycle, complex procurements, and management of large
programs;
``(B) empower program managers to have the
authority to manage their programs in an accountable
and transparent manner as such managers work with the
acquisition workforce;
``(C) prevent duplication within Department
acquisition workforce training and certification
requirements through leveraging already-existing
training within the Federal Government, academic
community, or private industry;
``(D) achieve integration and consistency with
Government-wide training and accreditation standards,
acquisition training tools, and training facilities;
``(E) designate the acquisition positions that will
be necessary to support the Department acquisition
requirements, including in the fields of--
``(i) program management;
``(ii) systems engineering;
``(iii) procurement, including contracting;
``(iv) test and evaluation;
``(v) life cycle logistics;
``(vi) cost estimating and program
financial management; and
``(vii) additional disciplines appropriate
to Department mission needs;
``(F) strengthen the performance of contracting
officers' representatives (as defined in subpart 1.602-
2 and subpart 2.101 of the Federal Acquisition
Regulation), including by--
``(i) assessing the extent to which such
representatives are certified and receive
training that is appropriate;
``(ii) assessing what training is most
effective with respect to the type and
complexity of assignment; and
``(iii) implementing actions to improve
training based on such assessments; and
``(G) identify ways to increase training for
relevant investigators and auditors of the Department
to examine fraud in major acquisition programs,
including identifying opportunities to leverage
existing Government and private sector resources in
coordination with the Inspector General of the
Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 837, as added by this title, the following new
item:
``Sec. 838. Multiyear acquisition strategy.''.
(c) Government Accountability Office Review of Multiyear
Acquisition Strategy.--
(1) Review.--After submission of the first multiyear
acquisition strategy in accordance with section 838 of the
Homeland Security Act of 2002, as added by subsection (a),
after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a review of such
plan within 180 days to analyze the viability of such plan's
effectiveness in the following:
(A) Complying with the requirements of such section
838.
(B) Establishing clear connections between
Department of Homeland Security objectives and
acquisition priorities.
(C) Demonstrating that Department acquisition
policy reflects program management best practices and
standards.
(D) Ensuring competition or the option of
competition for major acquisition programs.
(E) Considering potential cost savings through
using already-existing technologies when developing
acquisition program requirements.
(F) Preventing duplication within Department
acquisition workforce training requirements through
leveraging already-existing training within the Federal
Government, academic community, or private industry.
(G) Providing incentives for acquisition program
managers to reduce acquisition and procurement costs
through the use of best practices and disciplined
program management.
(2) Definitions.--The terms ``acquisition'', ``best
practices'', and ``major acquisition programs'' have the
meanings given such terms in section 836 of the Homeland
Security Act of 2002, as added by this title.
(3) Report.--Not later than 180 days after the completion
of the review required by subsection (a), the Comptroller
General of the United States shall submit to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Appropriations of
the Senate a report on the review. Such report shall be
submitted in unclassified form but may include a classified
annex.
SEC. 130. ACQUISITION REPORTS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 839. ACQUISITION REPORTS.
``(a) Comprehensive Acquisition Status Report.--
``(1) In general.--At the same time as the President's
budget is submitted for a fiscal year under section 1105(a) of
title 31, United States Code, the Under Secretary for
Management shall submit to the congressional homeland security
committees an annual comprehensive acquisition status report.
The report shall include the following:
``(A) The information required under the heading
`Office of the Under Secretary for Management' under
title I of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74) (as
required under the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6)).
``(B) A listing of programs that have been
cancelled, modified, paused, or referred to the Under
Secretary for Management or Deputy Secretary for
additional oversight or action by the Board, Department
Office of Inspector General, or the Comptroller
General.
``(C) A listing of established Executive Steering
Committees, which provide governance of a program or
related set of programs and lower-tiered oversight, and
support between acquisition decision events and
component reviews, including the mission and membership
for each.
``(2) Information for major acquisition programs.--For each
major acquisition program, the report shall include the
following:
``(A) A narrative description, including current
gaps and shortfalls, the capabilities to be fielded,
and the number of planned increments or units.
``(B) Acquisition Review Board (or other board
designated to review the acquisition) status of each
acquisition, including the current acquisition phase,
the date of the last review, and a listing of the
required documents that have been reviewed with the
dates reviewed or approved.
``(C) The most current, approved acquisition
program baseline (including project schedules and
events).
``(D) A comparison of the original acquisition
program baseline, the current acquisition program
baseline, and the current estimate.
``(E) Whether or not an independent verification
and validation has been implemented, with an
explanation for the decision and a summary of any
findings.
``(F) A rating of cost risk, schedule risk, and
technical risk associated with the program (including
narrative descriptions and mitigation actions).
``(G) Contract status (including earned value
management data as applicable).
``(H) A life cycle cost of the acquisition, and
time basis for the estimate.
``(3) Updates.--The Under Secretary shall submit quarterly
updates to such report not later than 45 days after the
completion of each quarter.
``(b) Quarterly Program Accountability Report.--The Under Secretary
for Management shall prepare a quarterly program accountability report
to meet the mandate of the Department to perform program health
assessments and improve program execution and governance. The report
shall be submitted to the congressional homeland security committees.
``(c) Congressional Homeland Security Committees Defined.--In this
section, the term `congressional homeland security committees' means--
``(1) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.''.
(b) Level 3 Acquisition Programs of Components of the Department.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, component heads of the Department of
Homeland Security shall identify to the Under Secretary for
Management of the Department all level 3 acquisition programs
of each respective component. Not later than 30 days after
receipt of such information, the Under Secretary shall certify
in writing to the congressional homeland security committees
whether such component heads have properly identified such
programs. To carry out this paragraph, the Under Secretary
shall establish a process with a repeatable methodology to
continually identify level 3 acquisition programs.
(2) Policies and guidance.--Not later than 180 days after
the date of the enactment of this Act, component heads of the
Department of Homeland Security shall submit to the Under
Secretary for Management of the Department their respective
policies and relevant guidance for level 3 acquisition programs
of each respective component. Not later than 90 days after
receipt of such policies and guidance, the Under Secretary for
Management shall certify to the congressional homeland security
committees that each component's respective policies and
guidance adhere to Department-wide acquisition policies.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
838, as added by this title, the following new item:
``Sec. 839. Acquisition reports.''.
SEC. 131. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The Secretary
of Homeland Security may not operate, provide financial assistance for,
or enter into or renew a contract for the procurement of--
(1) an unmanned aircraft system (UAS) that--
(A) is manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign
country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by a corporation
domiciled in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by a
corporation domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in or administered by a corporation domiciled
in a covered foreign country; or
(2) a system manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Waiver.--The Secretary of Homeland Security may waive the
prohibition under subsection (a) on a case by case basis by certifying
in writing to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate that the operation or procurement that is the
subject of such a waiver is required--
(1) in the national interest of the United States;
(2) for counter-UAS surrogate testing and training; or
(3) for intelligence, electronic warfare, or information
warfare operations, testing, analysis, and or training.
(c) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country labeled as a strategic competitor in
the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense pursuant
to section 113 of title 10, United States Code.
(2) Covered unmanned aircraft system.--The term ``unmanned
aircraft system'' has the meaning given such term in section
331 of the FAA Modernization and Reform Act of 2012 (Public Law
112-95; 49 U.S.C. 44802 note).
SEC. 132. ESTABLISHMENT OF THE OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by this title, is further amended by
adding at the end the following new section:
``SEC. 715. OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.
``(a) Establishment.--The Office of Biometric Identity Management
is established within the Management Directorate of the Department.
``(b) Director.--
``(1) In general.--The Office of Biometric Identity
Management shall be administered by the Director of the Office
of Biometric Identity Management (in this section referred to
as the `Director') who shall report to the Secretary, or to
another official of the Department, as the Secretary may
direct.
``(2) Qualifications and duties.--The Director shall--
``(A) have significant professional management
experience, as well as experience in the field of
biometrics and identity management;
``(B) lead the Department's biometric identity
services to support efforts and activities relating to
anti-terrorism, counter-terrorism, border security,
credentialing, national security, and public safety;
``(C) enable operational missions across the
Department by receiving, matching, storing, sharing,
and analyzing biometric and associated biographic and
encounter data;
``(D) deliver biometric identity information and
analysis capabilities to--
``(i) the Department and its components;
``(ii) appropriate Federal, State, local,
and tribal agencies;
``(iii) appropriate foreign governments;
and
``(iv) appropriate private sector entities;
``(E) support the law enforcement, public safety,
national security, and homeland security missions of
other Federal, State, local, and tribal agencies, as
appropriate;
``(F) manage the operation of the Department's
primary biometric repository and identification system;
``(G) manage Biometric Support Centers to provide
biometric identification and verification analysis and
services to the Department, appropriate Federal, State,
local, and tribal agencies, appropriate foreign
governments, and appropriate private sector entities;
``(H) oversee the implementation of Department-wide
standards for biometric conformity, and work to make
such standards Government-wide;
``(I) in coordination with the Department's Office
of Strategy, Policy, and Plans, and in consultation
with relevant component offices and headquarters
offices, enter into data sharing agreements with
appropriate Federal, State, local, and foreign agencies
to support immigration, law enforcement, national
security, and public safety missions;
``(J) maximize interoperability with other Federal,
State, local, and foreign biometric systems, as
appropriate;
``(K) ensure the activities of the Office of
Biometric Identity Management are carried out in
compliance with the policies and procedures established
by the Privacy Officer appointed under section 222; and
``(L) carry out other duties and powers prescribed
by law or delegated by the Secretary.
``(c) Deputy Director.--There shall be in the Office of Biometric
Identity Management a Deputy Director, who shall assist the Director in
the management of the Office.
``(d) Other Authorities.--
``(1) In general.--The Director may establish such other
offices within the Office of Biometric Identity Management as
the Director determines necessary to carry out the missions,
duties, functions, and authorities of the Office.
``(2) Notification.--If the Director exercises the
authority provided by paragraph (1), the Director shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate not later than 30 days
before exercising such authority.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 714, as added by this title, the following new
item:
``Sec. 715. Office of Biometric Identity Management.''.
Subtitle C--Management of Programs
SEC. 141. DEPARTMENT OF HOMELAND SECURITY ENHANCED HIRING.
(a) Appointment Authority for Veterans.--Notwithstanding sections
3309 through 3319, 3327, and 3330 of title 5, United States Code, the
Secretary of Homeland Security may noncompetitively appoint a qualified
veteran to a position in the competitive service within the Department
of Homeland Security.
(b) Public Hiring Authority.--
(1) In general.--The Secretary of Homeland Security may,
notwithstanding sections 3309 through 3319, 3327, and 3330 of
title 5, United States Code, noncompetitively appoint a
qualified candidate to a position in the competitive service if
the Secretary determines such position is critical to the
mission of the Department.
(2) Conditions.--
(A) 20 percent or greater.--The Secretary of
Homeland Security may exercise the authority under
paragraph (1) in any calendar year only if the
representation of veterans within the Department of
Homeland Security civilian workforce at the end of the
preceding fiscal year was 20 percent or greater.
(B) Less than 20 percent.--In the event the
representation of veterans within the Department of
Homeland Security in a fiscal year does not meet or
exceed the level identified in subparagraph (A), the
Secretary may exercise the authority under this section
for the following calendar year provided that the total
number of qualified candidates appointed under this
section does not exceed 20 percent of the total number
of positions that the Department of Homeland Security
filled during the preceding fiscal year.
(c) Regulations.--The Secretary of Homeland Security may prescribe
regulations to carry out this section and any such regulations shall be
exempt from the requirements of section 553 of title 5, United States
Code, as a matter relating to agency management or personnel.
(d) Information and Report.--
(1) Information.--The Secretary of Homeland Security shall,
not later than December 31 of each calendar year, provide to
the Director of the Office of Personnel Management
identification of the mission critical occupations to which the
Secretary appointed qualified candidates under subsection (b)
during the preceding fiscal year.
(2) Report.--The Secretary of Homeland Security shall
annually report to Congress on the effectiveness of the use of
the authority under this section regarding the length of time
to hire individuals, employee retention, and vacancies within
the Department of Homeland Security.
(e) Definitions.--In this section--
(1) the term ``veteran'' means an individual who--
(A)(i) has served on active duty in the Armed
Forces; and
(ii) was discharged or released from active duty in
the Armed Forces under honorable conditions; or
(B) is preference eligible, as defined in section
2108 of title 5, United States Code; and
(2) the term ``mission critical occupation'' means those
occupations that affect the ability to achieve the agency's
mission.
SEC. 142. FITNESS STANDARDS.
(a) Strategy for Fitness Standardization.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Chief Security Officer of the Department
of Homeland Security and in coordination with heads of the components
of the Department, shall--
(1) develop a strategy and timeline for implementation and
use of uniform fitness standards that correspond to the
relevant position risk level as the basis for fitness
determinations for a contractor employee across the Department
of Homeland Security; and
(2) ensure such strategy includes a system of reciprocity
across the Department.
(b) Length of Time for Fitness Review.--The Secretary of Homeland
Security, acting through the Chief Security Officer of the Department
of Homeland Security, shall collect data to allow the Department and
its components and contractor representatives to assess average fitness
investigation, adjudication, and determination processing times for
each component of the Department, including information regarding the
parameters used to calculate each such average.
(c) Study on Fitness Adjudication Status Updates.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Homeland Security, acting through the Chief Security Officer of the
Department of Homeland Security, shall enter into a contract with a
federally funded research and development center (FFRDC) to conduct a
cost benefit analysis for establishing a uniform process to provide
contractor representatives access to information regarding the status
of fitness determinations for Department contractor employees relevant
to such contractor representatives.
SEC. 143. TRAINING TO PROTECT THE VULNERABLE.
(a) Training Expansion.--Section 884(c) of the Homeland Security
Act of 2002 (6 U.S.C. 464) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) and inserting the
following new paragraphs:
``(10) conduct training programs for Federal, State, local,
Tribal, and territorial law enforcement agencies related to
human smuggling and trafficking along the United States border,
at airport security checkpoints, and within the interior of the
United States; and''.
(b) FLETC Human Trafficking Awareness Training Program.--The
Director, in consultation with the Blue Campaign office, shall develop
a program to provide training to Federal, State, local, Tribal,
territorial, and international law enforcement personnel, as
appropriate, related to--
(1) identifying instances of human trafficking;
(2) the types of information that should be collected and
recorded in information technology systems utilized by the
Department to help identify individuals suspected or convicted
of human trafficking;
(3) how to conduct systematic and routine information
sharing within the Department and among Federal, State, Tribal,
and local law enforcement agencies regarding--
(A) individuals suspected or convicted of human
trafficking; and
(B) patterns and practices of human trafficking;
(4) techniques to identify suspected victims of trafficking
along the United States border and at airport security
checkpoints; and
(5) methods to be used by the Transportation Security
Administration and personnel from other appropriate agencies
to--
(A) train employees of the Transportation Security
Administration to identify suspected victims of
trafficking; and
(B) serve as a liaison and resource regarding human
trafficking prevention to appropriate State, local, and
private sector aviation workers and the traveling
public.
SEC. 144. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN ENHANCEMENT.
Section 434 of the Homeland Security Act of 2002 (6 U.S.C. 242) is
amended by adding at the end the following new subsections:
``(f) Web-Based Training Programs.--To enhance training
opportunities, the Director of the Blue Campaign shall develop web-
based interactive training videos that utilize a learning management
system to provide online training opportunities that shall be made
available to the following individuals:
``(1) Federal, State, local, Tribal, and territorial law
enforcement officers.
``(2) Detention and correction system personnel.
``(3) Such other individuals as the Director determines
appropriate.
``(g) Blue Campaign Advisory Board.--
``(1) In general.--The Secretary shall establish within the
Department a Blue Campaign Advisory Board and shall assign to
such Board a representative from each of the following
components:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Law Enforcement Training Center.
``(E) The United States Secret Service.
``(F) Any other components or offices the Secretary
determines appropriate.
``(2) Consultation.--The Director shall consult the Board
established pursuant to paragraph (1) regarding the following:
``(A) Trends and patterns in human trafficking to
inform the development of training and materials by the
Blue Campaign.
``(B) The development of effective awareness
campaigns for Federal and non-Federal officials to
identify and prevent instances of human trafficking.
``(C) Outreach to persons or entities that may be
uniquely positioned to recognize signs of human
trafficking and provide assistance in the development
of materials for such persons.
``(3) Applicability.--The Federal Advisor Committee Act (5
U.S.C. App.) does not apply to--
``(A) the Board; or
``(B) consultations under paragraph (2).
``(h) Consultation.--With regard to the development of programs
under the Blue Campaign and the implementation of such programs, the
Director is authorized to consult with State, local, Tribal, and
territorial agencies, non-governmental organizations, private sector
organizations, and experts. Such consultation shall be exempt from the
Federal Advisory Committee Act (5 U.S.C. App.).''.
TITLE II--INTELLIGENCE AND INFORMATION SHARING
Subtitle A--DHS Intelligence Enterprise
SEC. 201. ANNUAL HOMELAND THREAT ASSESSMENTS.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following new section:
``SEC. 210H. HOMELAND THREAT ASSESSMENTS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section and for each of the next five fiscal years
(beginning in the fiscal year that begins after the date of the
enactment of this section) the Secretary, acting through the Under
Secretary for Intelligence and Analysis, and using departmental
information, including component information, and information provided
through State and major urban area fusion centers, shall conduct an
assessment of the terrorist threat to the homeland.
``(b) Contents.--Each assessment under subsection (a) shall include
the following:
``(1) Empirical data assessing terrorist activities and
incidents over time in the United States, including terrorist
activities and incidents planned or supported by persons
outside of the United States targeting the homeland.
``(2) An evaluation of current terrorist tactics, as well
as ongoing and possible future changes in terrorist tactics.
``(3) An assessment of criminal activity encountered or
observed by officers or employees of components in the field
which is suspected of financing terrorist activity.
``(4) Detailed information on all individuals denied entry
to or removed from the United States as a result of material
support provided to a foreign terrorist organization (as such
term is used in section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189)).
``(5) The efficacy and spread of foreign terrorist
organization propaganda, messaging, or recruitment.
``(6) An assessment of threats, including cyber threats, to
the homeland, including to critical infrastructure and Federal
civilian networks.
``(7) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to unlawfully enter the United States.
``(8) An assessment of threats to the transportation
sector, including surface and aviation transportation systems.
``(c) Additional Information.--The assessments required under
subsection (a)--
``(1) shall, to the extent practicable, utilize existing
component data collected from the field; and
``(2) may incorporate relevant information and analysis
from other agencies of the Federal Government, agencies of
State and local governments (including law enforcement
agencies), as well as the private sector, disseminated in
accordance with standard information sharing procedures and
policies.
``(d) Form.--The assessments required under subsection (a) shall be
shared with the appropriate congressional committees and submitted in
classified form, but--
``(1) shall include unclassified summaries; and
``(2) may include unclassified annexes, if appropriate.''.
(b) Conforming Amendment.--Subsection (d) of section 201 of the
Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at
the end the following new paragraph:
``(24) To carry out section 210H (relating to homeland
threat assessments).''.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 210G the following new item:
``Sec. 210H. Homeland threat assessments.''.
SEC. 202. HOMELAND INTELLIGENCE DOCTRINE.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 210I. HOMELAND INTELLIGENCE DOCTRINE.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Chief
Intelligence Officer of the Department, in coordination with
intelligence components of the Department, the Office of the General
Counsel, the Privacy Office, and the Office for Civil Rights and Civil
Liberties, shall develop and disseminate written Department-wide
guidance for the processing, analysis, production, and dissemination of
homeland security information (as such term is defined in section 892)
and terrorism information (as such term is defined in section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485)).
``(b) Contents.--The guidance required under subsection (a) shall,
at a minimum, include the following:
``(1) A description of guiding principles and purposes of
the Department's intelligence enterprise.
``(2) A summary of the roles, responsibilities, and
programs of each intelligence component of the Department in
the processing, analysis, production, or dissemination of
homeland security information and terrorism information,
including relevant authorities and restrictions applicable to
each such intelligence component.
``(3) Guidance for the processing, analysis, and production
of such information.
``(4) Guidance for training necessary for appropriate
personnel to process, analyze, produce, and disseminate
homeland security information and terrorism information.
``(5) Guidance for the dissemination of such information,
including within the Department, among and between Federal
departments and agencies, among and between State, local,
Tribal, and territorial governments, including law enforcement,
and with foreign partners and the private sector, consistent
with the protection of privacy, civil rights, and civil
liberties.
``(6) A description of how the dissemination to the
intelligence community (as such term is defined in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4))) and
Federal law enforcement of such information assists such
entities in carrying out their respective missions.
``(c) Form.--The guidance required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
``(d) Annual Review.--For each of the 5 fiscal years beginning with
the first fiscal year that begins after the date of the enactment of
this section, the Secretary shall conduct a review of the guidance
required under subsection (a) and, as appropriate, revise such
guidance.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 210H, as added by title, the following new
item:
``Sec. 210I. Homeland intelligence doctrine.''.
SEC. 203. COMPTROLLER GENERAL ASSESSMENT.
(a) Annual Assessment Required.--Not later than 1 year after the
date of the enactment of this Act and again not later than 5 years
thereafter, the Comptroller General of the United States shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate an assessment of the degree to which guidance established
pursuant to section 210I of the Homeland Security Act of 2002 (as added
by section 202) is implemented across the Department of Homeland
Security. Such assessment should evaluate the extent to which such
guidance is carried out in a manner that protects privacy, civil
rights, and civil liberties.
(b) Elements of Assessment.--In conducting each assessment under
subsection (a), the Comptroller General of the United States shall--
(1) use standard methodology and reporting formats in order
to demonstrate and display any changes over time; and
(2) include any other subject matter the Comptroller
General determines appropriate.
(c) Access to Relevant Data.--To carry out this section, the
Secretary of Homeland Security shall ensure that the Comptroller
General of the United States has access to all relevant data.
SEC. 204. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.
Paragraph (1) of section 201(e) of the Homeland Security Act of
2002 (6 U.S.C. 121(e)) is amended by adding at the end the following
new sentence: ``The Secretary shall also provide the Chief Intelligence
Officer with a staff having appropriate expertise and experience to
assist the Chief Intelligence Officer.''.
SEC. 205. ESTABLISHMENT OF INSIDER THREAT PROGRAM.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following new
section:
``SEC. 104. INSIDER THREAT PROGRAM.
``(a) Establishment.--The Secretary shall establish an Insider
Threat Program within the Department. Such Program shall--
``(1) provide training and education for Department
personnel to identify, prevent, mitigate, and respond to
insider threat risks to the Department's critical assets;
``(2) provide investigative support regarding potential
insider threats that may pose a risk to the Department's
critical assets; and
``(3) conduct risk mitigation activities for insider
threats.
``(b) Steering Committee.--
``(1) In general.--The Secretary shall establish a Steering
Committee within the Department. The Under Secretary for
Intelligence and Analysis shall serve as the Chair of the
Steering Committee. The Chief Security Officer shall serve as
the Vice Chair. The Steering Committee shall be comprised of
representatives of the Office of Intelligence and Analysis, the
Office of the Chief Information Officer, the Office of the
General Counsel, the Office for Civil Rights and Civil
Liberties, the Privacy Office, the Office of the Chief Human
Capital Officer, the Office of the Chief Financial Officer, the
Federal Protective Service, the Office of the Chief Procurement
Officer, the Science and Technology Directorate, and other
components or offices of the Department as appropriate. Such
representatives shall meet on a regular basis to discuss cases
and issues related to insider threats to the Department's
critical assets, in accordance with subsection (a).
``(2) Responsibilities.--Not later than one year after the
date of the enactment of this section, the Under Secretary for
Intelligence and Analysis and the Chief Security Officer, in
coordination with the Steering Committee established pursuant
to paragraph (1), shall carry out the following:
``(A) Develop a holistic strategy for Department-
wide efforts to identify, prevent, mitigate, and
respond to insider threats to the Department's critical
assets.
``(B) Develop a plan to implement the insider
threat measures identified in the strategy developed
under subparagraph (A) across the components and
offices of the Department.
``(C) Document insider threat policies and
controls.
``(D) Conduct a baseline risk assessment of insider
threats posed to the Department's critical assets.
``(E) Examine existing programmatic and technology
best practices adopted by the Federal Government,
industry, and research institutions to implement
solutions that are validated and cost-effective.
``(F) Develop a timeline for deploying workplace
monitoring technologies, employee awareness campaigns,
and education and training programs related to
identifying, preventing, mitigating, and responding to
potential insider threats to the Department's critical
assets.
``(G) Require the Chair and Vice Chair of the
Steering Committee to consult with the Under Secretary
for Science and Technology and other appropriate
stakeholders to ensure the Insider Threat Program is
informed, on an ongoing basis, by current information
regarding threats, beset practices, and available
technology.
``(H) Develop, collect, and report metrics on the
effectiveness of the Department's insider threat
mitigation efforts.
``(c) Definitions.--In this section:
``(1) Critical assets.--The term `critical assets' means
the people, facilities, information, and technology required
for the Department to fulfill its mission.
``(2) Insider.--The term `insider' means--
``(A) any person who has access to classified
national security information and is employed by,
detailed to, or assigned to the Department, including
members of the Armed Forces, experts or consultants to
the Department, industrial or commercial contractors,
licensees, certificate holders, or grantees of the
Department, including all subcontractors, personal
services contractors, or any other category of person
who acts for or on behalf of the Department, as
determined by the Secretary; or
``(B) State, local, Tribal, territorial, and
private sector personnel who possess security
clearances granted by the Department.
``(3) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access,
wittingly or unwittingly, to do harm to the security of the
United States, including damage to the United States through
espionage, terrorism, the unauthorized disclosure of classified
national security information, or through the loss or
degradation of departmental resources or capabilities.''.
(b) Reporting.--
(1) In general.--Not later than two years after the date of
the enactment of section 104 of the Homeland Security Act of
2002 (as added by subsection (a) of this section) and
biennially thereafter for the next four years, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate a report on how the Department of
Homeland Security and its components and offices have
implemented the strategy developed pursuant to subsection
(b)(2)(A) of such section 104, the status of the Department's
risk assessment of critical assets, the types of insider threat
training conducted, the number of Department employees who have
received such training, and information on the effectiveness of
the Insider Threat Program (established pursuant to subsection
(a) of such section 104), based on metrics developed,
collected, and reported pursuant to subsection (b)(2)(H) of
such section 104.
(2) Definitions.--In this subsection, the terms ``critical
assets'', ``insider'', and ``insider threat'' have the meanings
given such terms in section 104 of the Homeland Security Act of
2002 (as added by subsection (a) of this section).
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 103 the following new item:
``Sec. 104. Insider Threat Program.''.
SEC. 206. DEPARTMENT OF HOMELAND SECURITY COUNTERINTELLIGENCE VETTING
TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall assign
personnel of the Department of Homeland Security to participate in a
counterintelligence vetting task force to make recommendations to
improve counterintelligence vetting for appropriate departmental
programs.
(b) Personnel.--In carrying out subsection (a), the Secretary of
Homeland Security may assign personnel from any component of the
Department of Homeland Security the Secretary determines necessary to
participate in the task force established pursuant to such subsection.
(c) Coordination.--In carrying out subsection (a), the Secretary of
Homeland Security may request participation in the task force
established pursuant to such subsection from other appropriate Federal
agencies.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the recommendations made by the task force
established pursuant to subsection (a).
SEC. 207. VISA SECURITY.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the interagency working group
established under section 1746(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
shall commence a review of the current policies and procedures
of the Department of Homeland Security and Department of State
for the purpose of identifying, investigating, and preventing
the illicit transfer of sensitive technologies and research
from United States institutions of higher education and
research institutions through more effective visa security
operations and improved protections for such sensitive
technologies.
(2) Objectives.--
(A) Analysis of current visa issuance and admission
procedures.--The interagency working group referred to
in paragraph (1) shall--
(i) analyze the current visa application
process, and the role of the Department of
Homeland Security and the Department of State
in such process, including the screening of
visa applicants against appropriate criminal,
intelligence, national security, terrorism, and
other databases and information maintained by
the Federal Government, and make
recommendations to the Secretaries of such
Departments to better screen, identify, and
refuse entry to individuals who seek to enter
the United States to engage in the illicit
transfer of sensitive technologies from United
States institutions of higher educations or
research institutions;
(ii) evaluate current policies for refusing
visas on grounds that an individual is likely
to enter the United States to engage in the
illicit transfer of sensitive technologies and
recommend updates to the Foreign Affairs Manual
and other agency guidance to clarify when and
how visas can be refused on such grounds; and
(iii) analyze current screening procedures
at United States ports of entry and make
recommendations to the Secretaries of such
Departments to better identify individuals who
seek to enter the United States to engage in
such illicit transfer of sensitive
technologies.
(B) National security review of certain
nonimmigrant students.--The interagency working group
shall recommend procedures and standards for the
Department of Homeland Security, in cooperation with
other appropriate Federal agencies, to conduct national
security reviews of aliens who--
(i) are present in the United States--
(I) in a nonimmigrant
classification described in
subparagraphs (F), (J), or (M) of
section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)) and change from a program
of study not related to sensitive
technologies to a program of study or
significant coursework, research, or
laboratory access related to sensitive
technologies; or
(II) as a nonimmigrant and seek to
change status, pursuant to section 248
of the Immigration and Nationality Act
(8 U.S.C. 1258), to that of a
nonimmigrant described in subparagraph
(F), (J), or (M) of section 101(a)(15)
of such Act (8 U.S.C. 1101(a)(15)), for
purposes of engaging in a program of
study related to sensitive
technologies; and
(ii) as a result of engaging in a program
of study related to sensitive technologies,
will have access to information related to
operating, installing, maintaining, repairing,
overhauling, or refurbishing sensitive
technologies or development activities related
to sensitive technologies.
(C) Identifying individuals requiring national
security review.--For purposes of facilitating the
identification of individuals described in subparagraph
(B)(ii), the interagency working group shall--
(i) develop a nonpublic list of six-digit
Classification of Instructional Programs (CIP)
codes for programs of study related to
sensitive technologies to be used in reporting
required by section 641 of the Immigration and
Nationality Act (8 U.S.C. 1372(d)) and related
regulations;
(ii) recommend to the Secretary of Homeland
Security changes, as appropriate, to the
Student and Exchange Visitor Information
System, or other system designated for such
purpose by the Secretary of Homeland Security,
to ensure that individuals who seek to engage
in programs of study but who will not have
access to information related to operating,
installing, maintaining, repairing,
overhauling, or refurbishing sensitive
technologies or development activities related
to sensitive technologies are not unnecessarily
subjected to national security reviews;
(iii) recommend to the Secretary of
Homeland Security changes to relevant
regulations to ensure that entities certified
by the Student and Exchange Visitor Program
routinely and accurately report the program of
study and other necessary information in the
Student and Exchange Visitor Information
System, or other system designated for such
purpose by the Secretary of Homeland Security,
for each nonimmigrant described in subparagraph
(F), (J), or (M) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) who is enrolled in such entity;
and
(iv) identify mechanisms for the Department
of Homeland Security, in cooperation with other
appropriate Federal agencies, to order the
removal of and make ineligible for future
nonimmigrant classification described in
subparagraphs (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) individuals who may
be identified following pursuant to national
security reviews conducted in accordance with
subparagraph (B).
(D) Identifying gaps in authority to address
national security threats.--Not later than one year
after the date of the enactment of this Act, the
interagency working group shall identify deficiencies
in existing legal authorities determined to be an
impediment in achieving the recommendations described
in clauses (ii) and (iii) of subparagraph (C), and
recommend to the appropriate congressional committees
legislative solutions to address such deficiencies.
(3) Composition.--In addition to the members specified in
section 1746(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92), for purposes of
carrying out the review required under paragraph (1), the
interagency working group consult with the following:
(A) U.S. Customs and Border Protection, Office of
Field Operations.
(B) U.S. Immigration and Customs Enforcement,
Student and Exchange Visitor Program.
(C) U.S. Immigration and Customs Enforcement,
Counterterrorism and Criminal Exploitation Unit.
(D) U.S. Immigration and Customs Enforcement, Visa
Security Program.
(E) The Department of Homeland Security, Office of
Intelligence and Analysis.
(F) The Federal Bureau of Investigation.
(G) At least two representatives from the
Department of State, Bureau of Consular Affairs.
(H) Private sector and higher education personnel,
as appropriate and to a degree that would not
detrimentally impact any ongoing law enforcement
investigation or intelligence operation, as determined
by the Secretary of Homeland Security.
(4) Consultation.--In carrying out the objectives described
in paragraph (2), the interagency working group shall
coordinate and consult regularly with the National Science,
Technology, and Security Roundtable established under section
1746(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92).
(5) Report.--Not later than one year after the commencement
of the review required under paragraph (1), the interagency
working group shall submit to the appropriate congressional
committees a report--
(A) detailing the results of such review and the
analyses and evaluation required under paragraph
(2)(A); and
(B) identifying any legislative solutions necessary
to improve the ability of the Department of Homeland
Security, the Department of State, or both, to
identify, investigate, and prevent the illicit transfer
of sensitive technologies from United States
institutions of higher education and research
institutions as a result of programs of study related
to sensitive technologies undertaken by aliens
described in subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
(6) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Homeland Security, the Committee on the
Judiciary, the Committee on Armed Services, and the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the
Committee on Foreign Relations of the Senate.
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(C) Program of study.--The term ``program of
study'' means any degree program, field of study,
significant coursework, research, or laboratory access
related to sensitive technologies, or other academic
activity required to be reported pursuant to section
641(a) of the Omnibus Consolidated Appropriations Act,
1997 (Public Law 104-208 (8 U.S.C. 1372(a))).
(D) Sensitive technologies.--The term ``sensitive
technologies'' has the meaning given such term in
paragraph (8) of section 428(e) of the Homeland
Security Act of 2002 (6 U.S.C. 236(e)), as added by
subsection (b).
(b) Amendments to the Homeland Security Act of 2002 and Related
Visa Security Matters.--
(1) Program scope.--Paragraph (1) of section 428(e) of the
Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--The Secretary''; and
(B) by adding at the end the following new
subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--Assignments under
subparagraph (A) shall be made--
``(I) in a risk-based manner;
``(II) considering the criteria
described in clause (ii); and
``(III) in accordance with National
Security Decision Directive 38 of June
2, 1982, or any superseding
presidential directive concerning
staffing at diplomatic and consular
posts.
``(ii) Criteria described.--The criteria
described in this clause are the following:
``(I) The number of nationals of
the subject country who were identified
in United States Government databases
related to the identities of known or
suspected terrorists during the
previous two years.
``(II) Information on the
cooperation of such country with the
counterterrorism efforts of the United
States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is defined in section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi))) within or
through such country.
``(IV) The number of formal
objections and denials based on
derogatory information issued through
the interagency Security Advisory
Opinion process.
``(V) Countries identified as a
strategic competitor in the `Summary of
the 2018 National Defense Strategy of
the United States of America:
Sharpening the American Military's
Competitive Edge' issued by the
Department of Defense pursuant to
section 113(g)(1)(A) of title 10,
United States Code, or any successor
document.
``(VI) The number of cases
involving counterintelligence, illicit
technology transfer, and
counterproliferation related to the
identities of nationals of such
country.
``(VII) Information on the
cooperation of such country with the
counterintelligence, countering
nontraditional collection, illicit
technology transfer, and
counterproliferation efforts of the
United States, including information on
foreign government-owned infrastructure
and organizations dedicated to such
matters.
``(VIII) The adequacy of the border
and immigration control of such
country.
``(IX) Any other criteria the
Secretary determines appropriate.
``(iii) Prioritization.--The Secretary
shall, until December 31, 2024, prioritize the
establishment of new overseas assignments made
under this subsection to diplomatic and
consular posts in countries that are strategic
competitors with the goal of countering the
exploitation or illicit transfer of sensitive
technologies by aliens described in
subparagraph (F), (J), or (M) of section
101(a)(15) of such Act (8 U.S.C.
1101(a)(15)).''.
(2) Screening.--Paragraph (2) of section 428(e) of the
Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended--
(A) by redesignating subparagraph (C) as
subparagraph (D); and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Review visa applications of aliens against
appropriate criminal, national security, and terrorism
databases or other relevant information maintained by
the Federal Government to improve the detection and
examination of aliens whose entry into the United
States would pose a substantial risk of the illicit
transfer of sensitive technologies.''.
(3) Definition.--Subsection (e) of section 428 of the
Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by
inserting at the end the following new paragraph:
``(8) Definition.--In this subsection, the term `sensitive
technologies' means--
``(A) areas of research or technology that require
additional protection, as established by the
interagency working group in accordance with section
1746(a)(3)(E)(i)(III) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92);
``(B) emerging and foundational technologies
identified through the interagency process established
under section 1758 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232);
``(C) sciences, technologies, and associated
programs of study at an institution of higher
education, related to energy, nuclear science, nuclear
engineering, or a related field for which an alien who
is a citizen of Iran would be denied a visa to
participate in coursework pursuant to section 501 of
the Iran Threat Reduction and Syria Human Rights Act of
2012 (22 U.S.C. 8771); and
``(D) technologies and items included on the
Commerce Control List, the United States Munitions
List, the Nuclear Regulatory Commission Controls, or
the Technology Alert List.''.
(4) Memorandum of understanding.--Not later than 18 months
after the date of the enactment of this Act, the Secretary of
Homeland Security and the Secretary of State shall jointly
develop and submit to the appropriate congressional committees
a memorandum of understanding detailing the responsibilities of
and procedures used by Department of Homeland Security
personnel assigned to diplomatic and consular posts under
section 428 of the Homeland Security Act of 2002, as amended by
this subsection, including visa security vetting and screening
activities, the collection and distribution of relevant fees,
and the sharing of information on visa refusals based on
derogatory information issued through the interagency Security
Advisory Opinion process.
(5) Machine-readable technology pilot program.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Homeland Security and the Secretary of State shall
jointly commence a pilot program at a United States
diplomatic or consular post in a country with a high
volume of individuals who are known to have engaged in
government-sponsored technology transfer campaigns. The
pilot program shall--
(i) be conducted for not fewer than 365
days; and
(ii) assess opportunities to enhance
security vetting, including the use of machine-
readable technology and applicant interviews,
to better defend research or sensitive
technologies in the United States from foreign
government-sponsored technology transfer
campaigns.
(B) Machine-readable technology.--The Secretary of
Homeland Security and the Secretary of State shall
jointly, as part of the pilot program under
subparagraph (A)--
(i) deploy and test equipment and
technology to ensure that all documents
collected in connection with visa applications
are stored in a machine-readable and content-
searchable format compatible and shareable
between the Department of Homeland Security and
the Department of State, and as appropriate,
other interagency partners;
(ii) collect supplemental documents from
visa applicants in accordance with the
requirements under subparagraph (A), as
appropriate, and ensure appropriate personnel
from the Department of Homeland Security and
the Department of State have access to such
documents for visa security vetting purposes;
and
(iii) evaluate the use of such technology
and supplemental documents in improving the
efficacy and efficiency of visa security
vetting.
(C) Applicant interviews.--The Secretary of
Homeland Security, in coordination with the Secretary
of State, shall determine whether additional questions
or further documentation requests may be appropriate
during visa applicant in-person interviews to improve
visa security vetting to address evolving threats to
the United States.
(D) Report.--Not later than 420 days after the
initiation of the pilot program under subparagraph (A),
the Secretary of Homeland Security and the Secretary of
State shall jointly submit to the appropriate
congressional committees and other appropriate Federal
partners a report on the following:
(i) The results of the pilot program.
(ii) Recommendations for machine-readable
and content-searchable equipment and technology
and supplemental documents under paragraph (2).
(iii) Recommendations for additional
interview questions and further documentation
requests under paragraph (3).
(iv) A determination as to whether and
where to expand the use of technologies
evaluated during the pilot program.
(6) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
the Committee on Foreign Affairs of the House
of Representatives; and
(ii) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Foreign Relations of the Senate.
(B) Screening.--The term ``screening'' means the
review of public, private, or governmental information
to assess the accuracy and authenticity of claims made
on a visa application, including information contained
in Federal Government records to include derogatory
information.
(C) Sensitive technologies.--The term ``sensitive
technologies'' has the meaning given such term in
paragraph (8) of section 428(e) of the Homeland
Security Act of 2002 (6 U.S.C. 236(e)), as added by
subsection (a).
(D) Strategic competitor.--The term ``strategic
competitor'' means a country identified as a strategic
competitor to the United States in the ``Summary of the
2018 National Defense Strategy of the United States of
America: Sharpening the American Military's Competitive
Edge'' issued by the Department of Defense pursuant to
section 113(g)(1)(A) of title 10, United States Code,
or any successor document.
(E) Vetting.--The term ``vetting'' with respect to
a visa applicant means the review and use of
information collected during screening, any additional
information obtained through interviews, consultation
with other Federal Government officials, derogatory
information, and information drawn from other sources
to reach a determination regarding a national security
concern related to the visa applicant.
SEC. 208. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE
AND INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 210J. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR
INTELLIGENCE AND INFORMATION SHARING.
``(a) In General.--The Office of Intelligence and Analysis, in
consultation with the Director of the Countering Weapons of Mass
Destruction Office, of the Department of Homeland Security shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans to
conduct attacks involving chemical, biological, radiological,
or nuclear materials against the United States, including
critical infrastructure;
``(2) support homeland security-focused intelligence
analysis of global infectious disease, public health, food,
agricultural, and veterinary issues;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described in
paragraphs (1) and (2), including the storage and
transportation of chemical, biological, nuclear, and
radiological materials, by providing relevant quantitative and
nonquantitative threat information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance early
detection, prevention, protection, response, and recovery
efforts with respect to a chemical, biological, radiological,
or nuclear attack;
``(5) share information and provide tailored analytical
support on such threats to State, local, Tribal, and
territorial authorities, and other Federal agencies, as well as
relevant national biosecurity and biodefense stakeholders, as
appropriate; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of Intelligence
and Analysis shall coordinate with other relevant Department
components, agencies within the intelligence community, including the
National Counter Proliferation Center, and other Federal, State, local,
Tribal, and territorial authorities, including officials from high-
threat urban areas, State and major urban area fusion centers, and
local public health departments, as appropriate, and enable such
entities to provide recommendations on optimal information sharing
mechanisms, including expeditious sharing of classified information,
and on how such entities can provide information to the Department.
``(c) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(2) National biosecurity and biodefense stakeholders.--
The term `national biosecurity and biodefense stakeholders'
means officials from Federal, State, local, Tribal, and
territorial authorities and individuals from the private sector
who are involved in efforts to prevent, protect against,
respond to, and recover from a biological attack or other
phenomena that may have serious health consequences for the
United States, including infectious disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 201I, as added by this title, the following
new item:
``Sec. 210J. Chemical, biological, radiological, and nuclear
intelligence and information sharing.''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter for each of
the following four years, the Secretary of Homeland Security
shall report to the appropriate congressional committees on the
following:
(A) The intelligence and information sharing
activities under section 210J of the Homeland Security
Act of 2002 (as added by subsection (a) of this
section) and of all relevant entities within the
Department of Homeland Security to counter the threat
from attacks using chemical, biological, radiological,
or nuclear materials.
(B) The Department's activities in accordance with
relevant intelligence strategies.
(2) Assessment of implementation.--The reports required
under paragraph (1) shall include the following:
(A) An assessment of the progress of the Office of
Intelligence and Analysis of the Department of Homeland
Security in implementing such section 210J.
(B) A description of the methods established to
carry out such assessment.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate and
any committee of the House of Representatives or the Senate
having legislative jurisdiction under the rules of the House of
Representatives or Senate, respectively, over the matter
concerned.
SEC. 209. INLAND WATERS THREAT ANALYSIS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the appropriate congressional committees an inland waters threat
analysis that includes an identification and description of the
following:
(1) Current and potential terrorism and criminal threats
posed by individuals and groups seeking to--
(A) enter the United States through inland waters;
or
(B) exploit security vulnerabilities on inland
waters.
(2) Security challenges at United States inland waters
ports regarding--
(A) terrorism and instruments of terror entering
the United States; and
(B) criminal activity, as measured by the total
flow of illegal goods and illicit drugs, related to the
inland waters.
(3) Security mitigation efforts with respect to the inland
waters to--
(A) prevent terrorists and instruments of terror
from entering the United States; and
(B) reduce criminal activity related to the inland
waters.
(4) Vulnerabilities related to cooperation between State,
local, Tribal, and territorial law enforcement, or
international agreements, that hinder effective security,
counterterrorism, anti-trafficking efforts, and the flow of
legitimate trade with respect to inland waters.
(5) Metrics and performance measures used by the Department
of Homeland Security to evaluate inland waters security, as
appropriate.
(b) Analysis Requirements.--In preparing the threat analysis
required under subsection (a), the Secretary of Homeland Security shall
consider and examine the following:
(1) Technology needs and challenges.
(2) Personnel needs and challenges.
(3) The roles of State, local, Tribal, and territorial law
enforcement, as well as private sector partners and the public,
relating to inland waters security.
(4) The need for cooperation among Federal, State, local,
Tribal, territorial, and international partner law enforcement,
as well as private sector partners and the public, relating to
inland waters security.
(5) The challenges posed by geography with respect to
inland waters security.
(c) Classified Threat Analysis.--To the extent possible, the
Secretary of Homeland Security shall submit the threat analysis
required under subsection (a) in unclassified form. The Secretary may
submit a portion of the threat analysis in classified form if the
Secretary determines that such is appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security of the House
of Representatives;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``inland waters'' has the meaning given such
term in section 83.03 of title 33, Code of Federal Regulations.
SEC. 210. TRANSNATIONAL CRIMINAL ORGANIZATIONS THREAT ASSESSMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary for Intelligence and
Analysis shall, in coordination with appropriate Federal partners,
develop and disseminate a threat assessment on whether transnational
criminal organizations are exploiting United States border security
vulnerabilities in border security screening programs to gain access to
the United States and threaten the United States or border security.
(b) Recommendations.--Upon completion of the threat assessment
required under subsection (a), the Secretary of Homeland Security shall
make a determination if any changes are required to address security
vulnerabilities identified in such assessment.
(c) Distribution.--Consistent with the protection of classified and
confidential unclassified information, the Under Secretary for
Intelligence and Analysis shall share the threat assessment developed
under this section with State, local, and Tribal law enforcement
officials, including officials that operate within fusion centers in
the National Network of Fusion Centers.
SEC. 211. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY
BOARD.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 210K. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.
``(a) Establishment.--There is in the Department a board to be
composed of senior representatives of departmental operational
components and headquarters elements. The purpose of the board shall be
to coordinate and integrate departmental intelligence, activities, and
policy related to the counterterrorism mission and functions of the
Department.
``(b) Charter.--There shall be a charter to govern the structure
and mission of the board. Such charter shall direct the board to focus
on the current threat environment and the importance of aligning
departmental counterterrorism activities under the Secretary's
guidance. The charter shall be reviewed and updated every 4 years, as
appropriate.
``(c) Members.--
``(1) Chair.--The Secretary shall appoint a Coordinator for
Counterterrorism within the Department who will serve as the
chair of the board.
``(2) Additional members.--The Secretary shall appoint
additional members of the board from among the following:
``(A) The Transportation Security Administration.
``(B) United States Customs and Border Protection.
``(C) United States Immigration and Customs
Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) United States Citizenship and Immigration
Services.
``(G) The United States Secret Service.
``(H) The Cybersecurity and Infrastructure Security
Agency.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Policy.
``(M) The Science and Technology Directorate.
``(N) Other Departmental offices and programs as
determined appropriate by the Secretary.
``(d) Meetings.--The board shall meet on a regular basis to discuss
intelligence and coordinate ongoing threat mitigation efforts and
departmental activities, including coordination with other Federal,
State, local, Tribal, territorial, and private sector partners, and
shall make recommendations to the Secretary.
``(e) Terrorism Alerts.--The board shall advise the Secretary on
the issuance of terrorism alerts pursuant to section 203 of this Act.
``(f) Prohibition on Additional Funds.--No additional funds are
authorized to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
210J, as added by this title, the following new item:
``Sec. 210K. Departmental coordination on counterterrorism.''.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary, acting through the Coordinator for
Counterterrorism, shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the status and
activities of the board established under section 210K of the Homeland
Security Act of 2002, as added by subsection (a).
SEC. 212. NATIONAL VETTING CENTER.
(a) Authorization.--The Secretary of Homeland Security, in
coordination with the Secretary of State, the Secretary of Defense, the
Attorney General, and the Director of National Intelligence, shall
establish and operate a National Vetting Center.
(b) Director.--The Secretary of Homeland Security shall appoint a
senior departmental employee to be the director of the center.
(c) Staffing.--The Secretary of Homeland Security shall--
(1) assign or detail appropriate personnel from the
department to serve as analysts at the National Vetting Center;
and
(2) coordinate with the Director of National Intelligence
and the heads of other appropriate Federal agencies to detail
appropriate personnel to serve as analysts at the National
Vetting Center.
(d) Purpose.--The National Vetting Center shall, consistent with
the guidance and oversight from the National Vetting Governance Board
established pursuant to section 214 of this Act--
(1) coordinate the efforts of Federal agencies to improve
vetting of individuals seeking to enter or remain within the
United States;
(2) assist the departments and agencies involved with
improving their coordination and use of intelligence and other
information to identify potential threats to national security,
border security, homeland security, and public safety;
(3) provide a forum for the departments and agencies
involved to identify, coordinate, and resolve policy questions
and implementation challenges associated with vetting;
(4) improve the effectiveness of vetting operations by
maximizing the Intelligence Community and law enforcement data
holdings used to support vetting;
(5) develop and maintain a process to ensure compliance
with legal, privacy, and civil rights and civil liberty
requirements; and
(6) other responsibilities as determined by the Secretary
of Homeland Security.
SEC. 213. NATIONAL VETTING GOVERNANCE BOARD.
(a) Establishment.--The Secretary of Homeland Security, in
coordination with the Secretary of State, the Secretary of Defense, the
Attorney General, and the Director of National Intelligence, shall
establish a National Vetting Governance Board.
(b) Purpose.--The National Vetting Governance Board shall provide
guidance and oversight for the National Vetting Center established
pursuant to section 213 of this Act, including--
(1) producing decisions and recommendations for unified
approaches to and solutions for vetting;
(2) recommending a fiscal strategy;
(3) recommending priorities for National Vetting Center
activities;
(4) reviewing and recommending new vetting programs or
changes to existing vetting activities;
(5) reporting progress and making recommendations to
Secretary of Homeland Security or their designee; and
(6) ensuring National Vetting Governance Board decisions
and recommendations are consistent with relevant legal
authorities and align with Department of Homeland Security
privacy, civil rights, and civil liberties policies and
practices.
(c) Limitations.--The National Vetting Governance Board is not
intended to supersede or otherwise replace existing statutory or
delegated roles and responsibilities concerning Department of Homeland
Security vetting activities.
(d) Operations.--
(1) The Secretary of Homeland Security, in coordination
with the Secretary of State, the Secretary of Defense, the
Attorney General, and the Director of National Intelligence
shall develop the structure, staffing, meeting schedule and
other operational issues related to the National Vetting
Governance Board.
(2) The National Vetting Governance Board shall have a
standing privacy and civil liberty working group and a legal
working group to review the activities of the National Vetting
Center and provide advice to the Board.
Subtitle B--Information Sharing
SEC. 215. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP
INITIATIVE.
(a) In General.--Section 210A of the Homeland Security Act of 2002
(6 U.S.C. 124h) is amended--
(1) by amending the section heading to read as follows:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP
INITIATIVE.'';
(2) in subsection (a), by adding at the end the following:
``Beginning on the date of enactment of the Department of
Homeland Security Authorization Act, such Initiative shall be
known as the `Department of Homeland Security Fusion Center
Partnership Initiative'.'';
(3) by amending subsection (b) to read as follows:
``(b) Interagency Support and Coordination.--Through the Department
of Homeland Security Fusion Center Partnership Initiative, in
coordination with principal officials of fusion centers in the National
Network of Fusion Centers and the officers designated as the Homeland
Security Advisors of the States, the Secretary shall--
``(1) coordinate with the heads of other Federal
departments and agencies to provide operational, analytic, and
reporting intelligence advice and assistance to the National
Network of Fusion Centers and to align homeland security
intelligence activities with other field-based intelligence
activities;
``(2) support the integration of fusion centers into the
information sharing environment, including by--
``(A) providing for the effective dissemination of
information within the scope of the information sharing
environment to the National Network of Fusion Centers;
``(B) conducting outreach to such fusion centers to
identify any gaps in information sharing;
``(C) consulting with other Federal agencies to
develop methods to--
``(i) address any such gaps identified
under subparagraph (B), as appropriate; and
``(ii) deploy or access such databases and
datasets, as appropriate; and
``(D) review information that is gathered by the
National Network of Fusion Centers to identify that
which is within the scope of the information sharing
environment, including homeland security information
(as defined in section 892), terrorism information, and
weapons of mass destruction information and incorporate
such information, as appropriate, into the Department's
own such information;
``(3) facilitate close communication and coordination
between the National Network of Fusion Centers and the
Department and other Federal departments and agencies;
``(4) facilitate information sharing and expertise from the
national cybersecurity and communications integration center
under section 2209 to the National Network of Fusion Centers;
``(5) coordinate the provision of training and technical
assistance, including training on the use of Federal databases
and datasets described in paragraph (2), to the National
Network of Fusion Centers and encourage participating fusion
centers to take part in terrorism threat-related exercises
conducted by the Department;
``(6) ensure the dissemination of cyber threat indicators
and information about cybersecurity risks and incidents to the
national Network of Fusion Centers;
``(7) ensure that each fusion center in the National
Network of Fusion Centers has a privacy policy approved by the
Chief Privacy Officer of the Department and a civil rights and
civil liberties policy approved by the Officer for Civil Rights
and Civil Liberties of the Department;
``(8) develop and disseminate best practices on the
appropriate levels for staffing at fusion centers in the
National Network of Fusion Centers of qualified representatives
from State, local, Tribal, and territorial law enforcement,
fire, emergency medical, and emergency management services, and
public health disciplines, as well as the private sector;
``(9) to the maximum extent practicable, provide guidance,
training, and technical assistance to ensure fusion centers
operate in accordance with and in a manner that protects
privacy, civil rights, and civil liberties afforded by the
Constitution of the United States;
``(10) to the maximum extent practicable, provide guidance,
training, and technical assistance to ensure fusion centers are
appropriately aligned with and able to meaningfully support
Federal homeland security, national security, and law
enforcement efforts, including counterterrorism;
``(11) encourage the full participation of the National
Network of Fusion Centers in all assessment and evaluation
efforts conducted by the Department;
``(12) track all Federal funding provided to each fusion
center on an individualized basis as well as by funding source;
``(13) ensure that none of the departmental information or
data provided or otherwise made available to fusion center
personnel is improperly disseminated, accessed for unauthorized
purposes, or otherwise used in a manner inconsistent with
Department guidance; and
``(14) carry out such other duties as the Secretary
determines appropriate.'';
(4) in subsection (c)--
(A) in the heading, by striking ``Personnel
Assignment'' and inserting ``Resource Allocation'';
(B) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Information sharing and personnel assignment.--
``(A) Information sharing.--The Under Secretary for
Intelligence and Analysis shall ensure that, as
appropriate--
``(i) fusion centers in the National
Network of Fusion Centers have access to
homeland security information sharing systems;
and
``(ii) Department personnel are deployed to
support fusion centers in the National Network
of Fusion Centers in a manner consistent with
the mission of the Department.
``(B) Personnel assignment.--Department personnel
referred to in subparagraph (A)(ii) may include the
following:
``(i) Intelligence officers.
``(ii) Intelligence analysts.
``(iii) Other liaisons from components and
offices of the Department, as appropriate.
``(2) Sources of support.--Information shared and personnel
assigned pursuant to paragraph (1) may be shared or provided,
as the case may be, by the following Department components and
offices, in coordination with the respective component or
office head and in consultation with the principal officials of
fusion centers in the National Network of Fusion Centers:
``(A) The Office of Intelligence and Analysis.
``(B) Cybersecurity and Infrastructure Security
Agency.
``(C) The Transportation Security Administration.
``(D) U.S. Customs and Border Protection.
``(E) U.S. Immigration and Customs Enforcement.
``(F) The Coast Guard.
``(G) The national cybersecurity and communications
integration center under section 2209.
``(H) Other components or offices of the
Department, as determined by the Secretary.'';
(C) in paragraph (3)--
(i) in the heading, by striking
``Qualifying criteria'' and inserting
``Resource allocation criteria''; and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretary shall make
available criteria for sharing information and
deploying personnel to support a fusion center in the
National Network of Fusion Centers in a manner
consistent with the Department's mission and existing
statutory limits.''; and
(D) in paragraph (4)(B), in the matter preceding
clause (i), by inserting ``in which such fusion center
is located'' after ``region'';
(5) in subsection (d)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(5);
(C) by inserting after paragraph (3) the following:
``(4) assist, in coordination with the national
cybersecurity and communications integration center under
section 2209, fusion centers in using information relating to
cybersecurity risks to develop a comprehensive and accurate
threat picture;'';
(D) in paragraph (5), as so redesignated--
(i) by striking ``government'' and
inserting ``governments''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(6) use Department information, including information
held by components and offices, to develop analysis focused on
the mission of the Department under section 101(b).'';
(6) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--To the greatest extent practicable, the
Secretary shall make it a priority to allocate resources,
including departmental component personnel with relevant
expertise, to support the efforts of fusion centers along land
or maritime borders of the United States to facilitate law
enforcement agency identification, investigation, and
interdiction of persons, weapons, and related contraband that
pose a threat to homeland security.''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``participating State,
local, and regional fusion centers'' and inserting
``fusion centers in the National Network of Fusion
Centers'';
(7) in subsection (j)--
(A) by redesignating paragraph (5) as paragraph
(7);
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) the
following:
``(1) the term `cybersecurity risk' has the meaning given
such term in section 2209;'';
(D) in paragraph (5), as so redesignated, by
striking ``and'' at the end; and
(E) by inserting after such paragraph (5) the
following new paragraph:
``(6) the term `National Network of Fusion Centers' means a
decentralized arrangement of fusion centers intended to enhance
individual State and urban area fusion centers' ability to
leverage the capabilities and expertise of all fusion centers
for the purpose of enhancing analysis and homeland security
information sharing nationally; and''; and
(8) by striking subsection (k).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act and annually thereafter through 2024, the Under Secretary
for Intelligence and Analysis of the Department of Homeland Security
shall report to the Committee on Homeland Security and the Permanent
Select Committee on Intelligence of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Select Committee on Intelligence of the Senate on the value of fusion
center intelligence products and the expenditure of authorized funds
for the support and coordination of the National Network of Fusion
Centers as specified in section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h), as amended by subsection (a).
(c) Report on Federal Databases.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress on the Federal databases and
datasets that address any gaps identified pursuant to section
210A(b)(2)(B) of the Homeland Security Act of 2002, as amended by
subsection (a), including databases and datasets used, operated, or
managed by Department components, the Department of Justice, including
the Federal Bureau of Investigation and the Drug Enforcement
Administration, and the Department of the Treasury, that are
appropriate, in accordance with Federal laws and policies, for
inclusion in the information sharing environment.
(d) Technical and Conforming Amendments.--
(1) Section 2103(c)(1) of the Homeland Security Act of 2002
(6 U.S.C. 623(c)(1)) is amended by striking ``210A(j)(1)'' and
inserting ``210A(j)''.
(2) The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended by striking the item relating
to section 210A and inserting the following:
``Sec. 210A. Department of Homeland Security Fusion Center Partnership
Initiative.''.
(e) Reference.--Any reference in any law, rule, or regulation to
the Department of Homeland Security State, Local, and Regional Fusion
Center Initiative shall be deemed to be a reference to the Department
of Homeland Security Fusion Center Partnership Initiative.
SEC. 216. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.
(a) Assessment.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct an assessment of Department of
Homeland Security personnel assigned to fusion centers pursuant
to section 210A(c) of the Homeland Security Act of 2002 (6
U.S.C. 124h(c)), as amended by this title, including an
assessment of whether deploying additional Department personnel
to such fusion centers would enhance the Department's mission
under section 101(b) of such Act (6 U.S.C. 111(b)) and the
National Network of Fusion Centers.
(2) Contents.--The assessment required under this
subsection shall include the following:
(A) Information on the current deployment of the
Department's personnel to each fusion center.
(B) Information on the roles and responsibilities
of the Department's Office of Intelligence and Analysis
intelligence officers, intelligence analysts, senior
reports officers, reports officers, and regional
directors deployed to fusion centers.
(C) Information on Federal resources, in addition
to personnel, provided to each fusion center.
(D) An analysis of the optimal number of personnel
the Office of Intelligence and Analysis should deploy
to fusion centers, including a cost-benefit analysis
comparing deployed personnel with technological
solutions to support information sharing.
(E) An assessment of fusion centers located in
jurisdictions along land and maritime borders of the
United States, and the degree to which deploying
personnel, as appropriate, from U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement,
and the Coast Guard to such fusion centers would
enhance the integrity and security at such borders by
helping Federal, State, local, Tribal, and territorial
law enforcement authorities to identify, investigate,
and interdict persons, weapons, and related contraband
that pose a threat to homeland security.
(F) An assessment of fusion centers located in
jurisdictions with large and medium hub airports, and
the degree to which deploying, as appropriate,
personnel from the Transportation Security
Administration to such fusion centers would enhance the
integrity and security of aviation security.
(b) Definitions.--In this section, the terms ``fusion center'' and
``National Network of Fusion Centers'' have the meanings given those
terms in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C.
124h(j)), as amended by this title.
SEC. 217. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that any
program established by the Under Secretary for Intelligence and
Analysis of the Department of Homeland Security to provide eligibility
for access to information classified as Top Secret for State, local,
Tribal, and territorial analysts located in fusion centers shall be
consistent with the need to know requirements pursuant to Executive
Order No. 13526 (50 U.S.C. 3161 note).
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Under Secretary for Intelligence and
Analysis of the Department of Homeland Security, in consultation with
the Director of National Intelligence, shall submit to the Committee on
Homeland Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence of the
Senate a report on the following:
(1) The process by which the Under Secretary for
Intelligence and Analysis determines a need to know pursuant to
Executive Order No. 13526 (50 U.S.C. 3161 note) to sponsor Top
Secret clearances for appropriate State, local, Tribal, and
territorial analysts located in fusion centers.
(2) The effects of such Top Secret clearances on enhancing
information sharing with State, local, Tribal, and territorial
partners.
(3) The cost for providing such Top Secret clearances for
State, local, Tribal, and territorial analysts located in
fusion centers, including training and background
investigations.
(4) The operational security protocols, training,
management, and risks associated with providing such Top Secret
clearances for State, local, Tribal, and territorial analysts
located in fusion centers.
(c) Definition.--In this section, the term ``fusion center'' has
the meaning given the term in section 210A(j) of the Homeland Security
Act of 2002 (6 U.S.C. 124h(j)), as amended by this title.
SEC. 218. INFORMATION TECHNOLOGY ASSESSMENT.
(a) In General.--The Under Secretary for Intelligence and Analysis
of the Department of Homeland Security, in collaboration with the Chief
Information Officer of the Department of Homeland Security and
representatives from the National Network of Fusion Centers, shall
conduct an assessment of information systems used to share homeland
security information between the Department of Homeland Security and
fusion centers in the National Network of Fusion Centers and make
upgrades to such systems, as appropriate. Such assessment shall include
the following:
(1) An evaluation of the security, accessibility, and ease
of use of such systems by fusion centers in the National
Network of Fusion Centers.
(2) A review to determine how to establish improved
interoperability of departmental information systems with
existing information systems used by fusion centers in the
National Network of Fusion Centers.
(3) An evaluation of participation levels of departmental
components and offices of information systems used to share
homeland security information with fusion centers in the
National Network of Fusion Centers.
(b) Definitions.--In this section--
(1) the terms ``fusion center'' and ``National Network of
Fusion Centers'' have the meanings given those terms in section
210A(j) of the Homeland Security Act of 2002 (6 U.S.C.
124h(j)), as amended by this title;
(2) the term ``homeland security information'' has the
meaning given the term in section 892 of the Homeland Security
Act of 2002 (6 U.S.C. 482); and
(3) the term ``information systems'' has the meaning given
the term in section 3502 of title 44, United States Code.
SEC. 219. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED FACILITY INVENTORY
AND DISSEMINATION.
(a) In General.--The Secretary of Homeland Security shall, to the
extent practicable--
(1) maintain an inventory of those Department of Homeland
Security facilities that the Department certifies to house
classified infrastructure or systems at the Secret level and
above;
(2) update such inventory on a regular basis; and
(3) share part or all of such inventory with appropriate
departmental personnel and representatives of other Federal,
State, and local agencies as determined appropriate by the
Secretary of Homeland Security.
(b) Inventory.--The inventory of facilities described in subsection
(a) may include--
(1) the location of such facilities;
(2) the attributes and capabilities of such facilities
(including the clearance level of the facility, the square
footage of, the total capacity of, the number of workstations
in, document storage, and the number of conference rooms in,
such facilities);
(3) the entities that operate such facilities; and
(4) the date of establishment of such facilities.
SEC. 220. TERROR INMATE INFORMATION SHARING.
(a) In General.--The Secretary of Homeland Security, in
coordination with the Attorney General and in consultation with other
appropriate Federal officials, shall, as appropriate, share with State,
local, and regional fusion centers through the Department of Homeland
Security Fusion Center Partnership Initiative under section 210A of the
Homeland Security Act of 2002 (6 U.S.C. 124h), as well as other
relevant law enforcement entities, release information from a Federal
correctional facility, including the name, charging date, and expected
place and date of release, of certain individuals who may pose a
terrorist threat.
(b) Scope.--The information shared pursuant to subsection (a) shall
be--
(1) for homeland security purposes; and
(2) regarding individuals convicted of a Federal crime
related to acts of terrorism (as such term is defined in
section 3077 of title 18, United States Code).
(c) Periodic Threat Assessments.--Consistent with the protection of
classified information and controlled unclassified information, the
Secretary of Homeland Security shall coordinate with appropriate
Federal officials to provide State, local, and regional fusion centers
described in subsection (a) with periodic assessments regarding the
overall threat from known or suspected terrorists currently
incarcerated in a Federal correctional facility, including the assessed
risks of such populations engaging in terrorist activity upon release.
(d) Privacy Protection.--Prior to affecting the information sharing
described in subsection (a), the Secretary shall receive input and
advice from the Officer for Civil Rights and Civil Liberties, the
Officer for Privacy, and the Chief Intelligence Officer of the
Department of Homeland Security.
(e) Rule of Construction.--Nothing in this section may be construed
as requiring the establishment of a list or registry of individuals
convicted of terrorism.
SEC. 221. ENHANCING DEPARTMENT OF HOMELAND SECURITY SUSPICIOUS ACTIVITY
REPORTING OPERATIONS.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security, in
consultation with other appropriate officials, shall develop a strategy
to improve the operations and activities of the Department of Homeland
Security related to training, outreach, and information sharing for
suspicious activity reporting to prevent acts of terrorism and acts of
targeted violence.
(b) Contents of Strategy.--The strategy required under subsection
(a) shall include the following:
(1) A plan to maintain and expand activities related to
effectively identifying, reporting, and responding to potential
acts of terrorism.
(2) A plan to develop a behavioral threat assessment and
management model for use by appropriate National Network of
Fusion Centers, emergency response providers, and appropriate
private sector personnel involved in reporting or responding
suspicious activity related to acts of targeted violence.
(3) Protocols, developed in consultation with the Federal
Bureau of Investigation, to ensure that the Federal Bureau of
Investigation receives all relevant suspicious activity
reports.
(4) A staffing and budget plan to ensure the continued
operation and any necessary expansion of Department of Homeland
Security information sharing, technical assistance, training,
and other activities related to suspicious activity reporting.
(5) Training for appropriate personnel of the National
Network of Fusion Centers, emergency response providers, and
appropriate private sector personnel on--
(A) methods for identifying, analyzing, and
disseminating critical information, including the
indicators of acts of terrorism and acts of targeted
violence;
(B) methods to protect privacy and civil liberties,
including preventing racial, religious, and national
origin discrimination;
(C) implementation of the behavioral threat
assessment and management model;
(D) response protocols for submitting suspicious
activity reports; and
(E) other training determined appropriate by the
Secretary.
(6) A plan to--
(A) provide technical assistance for appropriate
National Network of Fusion Centers, emergency response
providers, and appropriate private sector personnel for
operations related to suspicious activity reporting
activity; and
(B) assist with questions or concerns related to
privacy and civil liberty protections.
(c) Congressional Notification.--The Secretary shall provide to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
copy of the strategy required in subsection (a).
(d) Definitions.--In this section:
(1) Behavioral threat assessment.--The term ``behavioral
threat assessment and management'' means the systematic and
evidence-based process of--
(A) identifying individuals who are exhibiting
patterns of concerning behavior that indicate an
interest, motive, intention, or capability of carrying
out an act of violence;
(B) investigating and gathering information from
multiple sources to assess whether an individual
described in subparagraph (A) poses a threat, based on
articulable facts; and
(C) the subsequent management of such a threat, if
necessary.
(2) Emergency response providers.--The term ``emergency
response provider'' has the meaning given such term in section
2(6) of the Homeland Security Act.
(3) National network of fusion centers.--The term
``National Network of Fusion Centers'' has the meaning given
such term in section 215 of this Act.
(4) Targeted violence.--The term ``targeted violence''
means any incident of predatory violence with respect to which
an identifiable individual or group focuses an attack on a
particular target.
(5) Terrorism.--The term ``terrorism'' has the meaning
given such term in section 2331 of title 18, United States
Code.
TITLE III--CYBERSECURITY
SEC. 301. CYBERSECURITY ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
following new section:
``SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish within the
Cybersecurity and Infrastructure Security Agency a Cybersecurity
Advisory Committee.
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to the
Director of Cybersecurity and Infrastructure Security on the
development, refinement, and implementation of policies,
programs, rulemakings, planning, training, and security
directives pertaining to the mission of the Cybersecurity and
Infrastructure Security Agency.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee shall
develop, at the request of the Director,
recommendations for improvements to the cybersecurity
mission of the Cybersecurity and Infrastructure
Security Agency.
``(B) Recommendations of subcommittees.--
Recommendations agreed upon by the subcommittees
established under subsection (d) for any year shall be
approved by the Advisory Committee before the Advisory
Committee submits to the Director the annual report
under paragraph (4) for that year.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Director--
``(A) reports on matters identified by the
Director; and
``(B) reports on other matters identified by a
majority of the members of the Advisory Committee.
``(4) Annual report.--The Advisory Committee shall submit
to the Director an annual report providing information on the
activities, findings, and recommendations of the Advisory
Committee, including its subcommittees, for the preceding year.
Not later than six months after the date that the Director
receives an annual report for a year, the Director shall
publish a public version of the report describing the
activities of the Advisory Committee and such related matters
as would be informative to the public during that year,
consistent with section 552(b) of title 5, United States Code.
``(5) Feedback.--Not later than 90 days after receiving any
recommendation submitted by the Advisory Committee under
paragraph (2), (3), or (4), the Director shall respond in
writing to the Advisory Committee with feedback on the
recommendation. Such a response shall include--
``(A) with respect to any recommendation with which
the Director concurs, an action plan to implement the
recommendation; and
``(B) with respect to any recommendation with which
the Director does not concur, a justification for why
the Director does not plan to implement the
recommendation.
``(6) Congressional notification.--For each fiscal quarter
beginning after the date of the enactment of this section, the
Director shall provide to the Committee on Homeland Security
and Governmental Affairs and the Committee on Appropriations of
the Senate and the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives a
briefing on feedback from the Advisory Committee.
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this Act, the Director
shall appoint the members of the Advisory Committee.
``(B) Composition.--The membership of the Advisory
Committee shall consist of not more than 35
individuals, each of whom represent a category referred
to in subparagraph (C)(i).
``(C) Representation.--
``(i) In general.--The membership of the
Advisory Committee shall include
representatives of State and local governments
and of a broad range of industries, including
the following:
``(I) Defense.
``(II) Education.
``(III) Financial services.
``(IV) Healthcare.
``(V) Manufacturing.
``(VI) Media and entertainment.
``(VII) Chemicals.
``(VIII) Retail.
``(IX) Transportation.
``(X) Energy.
``(XI) Information Technology.
``(XII) Communications.
``(XIII) Other relevant fields
identified by the Director.
``(ii) Prohibition.--Not more than three
members may represent any one category under
clause (i).
``(2) Term of office.--
``(A) Terms.--The term of each member of the
Advisory Committee shall be two years, but a member may
continue to serve until a successor is appointed.
``(B) Removal.--The Director may review the
participation of a member of the Advisory Committee and
remove such member for cause at any time.
``(C) Reappointment.--A member of the Advisory
Committee may be reappointed for an unlimited number of
terms.
``(3) Delegation of responsibilities.--A member of the
Advisory Committee may delegate that member's responsibilities
under this section to another individual, with the exception of
access to protected information and classified information
under paragraph (6).
``(4) Prohibition on compensation.--The members of the
Advisory Committee may not receive pay or benefits from the
United States Government by reason of their service on the
Advisory Committee.
``(5) Meetings.--
``(A) In general.--The Director shall require the
Advisory Committee to meet at least quarterly, and may
convene additional meetings as necessary.
``(B) Public meetings.--At least one of the
meetings referred to in subparagraph (A) shall be open
to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(6) Member access to classified and protected
information.--
``(A) In general.--Not later than 60 days after the
date on which a member is first appointed to the
Advisory Committee and before the member is granted
access to any classified information or protected
information, the Director shall determine if there is
cause for such member to be restricted from reviewing,
discussing, or possessing such information.
``(B) Access.--
``(i) Protected information.--If the
Director does not restrict a member from
reviewing, discussing, or possessing sensitive
information under subparagraph (A) and the
member voluntarily signs a nondisclosure
agreement with respect to protected
information, the member may be granted access
to protected information that the Director
determines is relevant to such member's service
on the Advisory Committee.
``(ii) Classified information.--Access to
classified materials shall be managed in
accordance with Executive Order No. 13526 of
December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive Order.
``(C) Protections.--A member of the Advisory
Committee shall agree, as a condition of such
membership, to protect all classified information in
accordance with the applicable requirements for the
particular level of classification of such information
and to protect all protected information appropriately.
``(D) Protected information defined.--In this
section, the term `protected information' means--
``(i) information specifically exempted
from disclosure by statute or regulation;
``(ii) trade secrets and commercial or
financial information obtained from a person
and privileged or confidential;
``(iii) deliberative process privileged
information;
``(iv) personally identifiable information,
the disclosure of which would constitute an
invasion of personal privacy;
``(v) records containing law enforcement
sensitive information; and
``(vi) other categories of information, as
determined by the Director.
``(7) Chairperson.--The Advisory Committee shall select,
from among the members of the Advisory Committee--
``(A) a member to serve as chairperson of the
Advisory Committee; and
``(B) a member to serve as chairperson of each
subcommittee of the Advisory Committee established
under subsection (d).
``(d) Subcommittees.--
``(1) In general.--The Director and the Advisory Committee
shall establish subcommittees within the Advisory Committee to
address cybersecurity issues, including relating to the
following:
``(A) Information exchange.
``(B) Critical infrastructure.
``(C) Risk management.
``(D) Public and private partnerships.
``(2) Additional subcommittees.--In addition to the
subcommittees established pursuant to paragraph (1), the
Advisory Committee chairperson, in coordination with the
Director, may establish within the Advisory Committee
additional subcommittees that the Director and Advisory
Committee determine to be necessary.
``(3) Meetings and reporting.--Each subcommittee shall meet
at least bimonthly, and submit to the Advisory Committee for
inclusion in the annual report required under subsection (b)(4)
information, including activities, findings, and
recommendations, regarding subject matter considered by the
subcommittee.
``(4) Subject matter experts.--The chair of the Advisory
Committee shall appoint members to subcommittees and shall
ensure that each member appointed to a subcommittee has subject
matter expertise relevant to the subject matter of the
subcommittee.
``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee and its
subcommittees.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
2214 the following new item:
``Sec. 2215. Cybersecurity Advisory Committee.''.
SEC. 302. CYBERSECURITY ESSENTIALS.
(a) In General.--Subsection (b) of section 2203 of the Homeland
Security act of 2002 (6 U.S.C. 653) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) develop, publish and update as necessary guidelines
and processes for a national audience regarding best practices
for effective and usable basic controls that have the most
impact in defending again common cybersecurity threats and
cybersecurity risks; and''.
(b) Restriction.--Chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'') shall not apply to
any action to implement this Act.
SEC. 303. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS AND MITIGATION
PROGRAM IN THE CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY.
(a) In General.--Section 2213 of the Homeland Security Act of 2002
(6 U.S.C. 663) is amended by adding at the end the following new
subsection:
``(g) Continuous Diagnostics and Mitigation.--
``(1) Program.--
``(A) In general.--The Secretary, acting through
the Director of Cybersecurity and Infrastructure
Security, shall deploy, operate, and maintain a
continuous diagnostics and mitigation program for
agencies. Under such program, the Secretary shall--
``(i) assist agencies to continuously
diagnose and mitigate cyber threats and
vulnerabilities;
``(ii) develop and provide the capability
to collect, analyze, and visualize information
relating to security data and cybersecurity
risks at agencies;
``(iii) make program capabilities available
for use, with or without reimbursement, to
civilian agencies and State, local, Tribal, and
territorial governments;
``(iv) employ shared services, collective
purchasing, blanket purchase agreements, and
any other economic or procurement models the
Secretary determines appropriate to maximize
the costs savings associated with implementing
an information system; and
``(v) develop policies and procedures for
reporting systemic cybersecurity risks and
potential incidents based upon data collected
under such program.
``(B) Regular improvement.--The Secretary shall
regularly deploy new technologies and modify existing
technologies to the continuous diagnostics and
mitigation program required under subparagraph (A), as
appropriate, to improve the program.
``(2) Agency responsibilities.--Notwithstanding any other
provision of law, each agency that uses the continuous
diagnostics and mitigation program under paragraph (1) shall,
continuously and in real time, provide to the Secretary all
information, assessments, analyses, and raw data collected by
the program, in a manner specified by the Secretary.
``(3) Responsibilities of the secretary.--In carrying out
the continuous diagnostics and mitigation program under
paragraph (1), the Secretary shall, as appropriate--
``(A) share with agencies relevant analysis and
products developed under such program;
``(B) provide regular reports on cybersecurity
risks to agencies; and
``(C) provide comparative assessments of
cybersecurity risks for agencies.''.
(b) Continuous Diagnostics and Mitigation Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall develop a comprehensive continuous diagnostics and
mitigation strategy to carry out the continuous diagnostics and
mitigation program required under subsection (g) of section
2213 of the Homeland Security Act of 2002 (6 U.S.C. 663), as
added by subsection (a).
(2) Scope.--The strategy required under paragraph (1) shall
include the following:
(A) A description of the continuous diagnostics and
mitigation program, including efforts by the Secretary
of Homeland Security to assist with the deployment of
program tools, capabilities, and services, from the
inception of the program referred to in paragraph (1)
to the date of enactment of this Act.
(B) A description of the coordination and funding
required to deploy, install, and maintain the tools,
capabilities, and services that the Secretary of
Homeland Security determines to be necessary to satisfy
the requirements of such program.
(C) A description of any obstacles facing the
deployment, installation, and maintenance of tools,
capabilities, and services under such program.
(D) Recommendations and guidelines to help maintain
and continuously upgrade tools, capabilities, and
services provided under such program.
(E) Recommendations for using the data collected by
such program for creating a common framework for data
analytics, visualization of enterprise-wide risks, and
real-time reporting, and comparative assessments for
cybersecurity risks.
(F) Recommendations for future efforts and
activities, including for the rollout of new and
emerging tools, capabilities and services, proposed
timelines for delivery, and whether to continue the use
of phased rollout plans, related to securing networks,
devices, data, and information and operational
technology assets through the use of such program.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in an unclassified form, but may contain a
classified annex.
(c) Report.--Not later than 180 days after the development of the
strategy required under subsection (b), the Secretary of Homeland
Security shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representative a report on cybersecurity risk
posture based on the data collected through the continuous diagnostics
and mitigation program under subsection (g) of section 2213 of the
Homeland Security Act of 2002 (6 U.S.C. 663), as added by subsection
(a).
(d) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report to Congress on the potential impacts and benefits of replacing
the reporting requirements under chapter 35 of title 44, United States
Code, with periodical real-time data provided by the continuous
diagnostics and mitigation program under subsection (g) of section 2213
of the Homeland Security Act of 2002 (6 U.S.C. 663), as added by
subsection (a).
SEC. 304. ADMINISTRATIVE SUBPOENA AUTHORITY.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following:
``(6) the term `security vulnerability' has the meaning
given that term in section 102(17) of the Cybersecurity
Information Sharing Act of 2015 (615 U.S.C. 1501(17));'';
(2) in subsection (c)--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(12) detecting, identifying, and receiving information
about security vulnerabilities relating to critical
infrastructure in the information systems and devices of
Federal and non-Federal entities for a cybersecurity purpose,
as defined in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501), and notifying the owners
and operators of critical infrastructure with such security
vulnerability.''; and
(3) by adding at the end the following:
``(n) Subpoena Authority.--
``(1) Definition.--In this subsection, the term `enterprise
device or system'--
``(A) means a device or system commonly used to
perform industrial, commercial, scientific, or
governmental functions or processes that relate to
critical infrastructure, including operational and
industrial control systems, distributed control
systems, and programmable logic controllers; and
``(B) does not include personal devices and
systems, such as consumer mobile devices, home
computers, residential wireless routers, or residential
internet-enabled consumer devices.
``(2) Authority.--
``(A) In general.--If the Director identifies a
system connected to the internet which he reasonably
believes contains a with a specific security
vulnerability and reasonably believes that the security
vulnerability relates to critical infrastructure and
affects an enterprise device or system owned or
operated by a Federal or non-Federal entity, and the
Director is unable to identify the entity at risk, the
Director may issue a subpoena for the production of
information necessary to identify and notify the entity
at risk, in order to carry out a function authorized
under subsection (c)(12).
``(B) Limit on information.--A subpoena issued
under the authority under subparagraph (A) may only
seek information in the categories set forth in
subparagraphs (A), (B), (D), and (E) of section
2703(c)(2) of title 18, United States Code.
``(C) Liability protections for disclosing
providers.--The provisions of section 2703(e) of title
18, United States Code, shall apply to any subpoena
issued under the authority under subparagraph (A).
``(3) Coordination.--
``(A) In general.--If the Director decides to
exercise the subpoena authority under this subsection,
and in the interest of avoiding interference with
ongoing law enforcement investigations, the Director
shall coordinate the issuance of any such subpoena with
the Department of Justice, including the Federal Bureau
of Investigation, pursuant to inter-agency procedures
which the Director, in coordination with the Attorney
General, shall develop not later than 60 days after the
date of enactment of this subsection.
``(B) Contents.--The inter-agency procedures
developed under this paragraph shall provide that a
subpoena issued by the Director under this subsection
shall be--
``(i) issued in order to carry out a
function described in subsection (c)(12); and
``(ii) subject to the limitations under
this subsection.
``(C) Restriction on law enforcement use.--The
regulations or guidance issued to carry out actions
authorized under subsection (n) by the Director may not
be used by the Department of Justice, including the
Federal Bureau of Investigation, to predicate a new
investigation solely on the information contained in a
subpoena issued under subsection (n).
``(4) Noncompliance.--If any person, partnership,
corporation, association, or entity fails to comply with any
duly served subpoena issued under this subsection, the Director
may request that the Attorney General seek enforcement of the
subpoena in any judicial district in which such person,
partnership, corporation, association, or entity resides, is
found, or transacts business.
``(5) Notice.--Not later than 7 days after the date on
which the Director receives information obtained through a
subpoena issued under this subsection, the Director shall
notify the entity at risk identified by information obtained
under the subpoena regarding the subpoena and the identified
vulnerability.
``(6) Authentication.--Any subpoena issued by the Director
under this subsection shall be authenticated by the electronic
signature of an authorized representative of the Agency or
other comparable symbol or process identifying the Agency as
the source of the subpoena.
``(7) Remediation.--Upon successful identification of a
vulnerability on a system owned or operated by the party or
entity, the Director shall, upon request--
``(A) provide appropriate, detailed technical
guidance to remediate, end, or mitigate the
vulnerability identified by the subpoena;
``(B) provide appropriate, detailed technical
guidance to prevent a recurrence or the vulnerability
or a similar vulnerability in the future; and
``(C) provide appropriate information regarding any
other exploitable vulnerabilities discovered on a
system owned or operated by a party or entity during
the course of investigation and remediation operations
by the Agency.
``(8) Procedures.--Not later than 90 days after the date of
enactment of this subsection, the Director shall establish
internal procedures and associated training, applicable to
employees and operations of the Agency, regarding subpoenas
issued under this subsection, which shall address--
``(A) the protection of and restriction on
dissemination of nonpublic information obtained through
a subpoena issued under this subsection, including a
requirement that the Agency shall not disseminate
nonpublic information obtained through a subpoena
issued under this subsection that identifies the party
that is subject to the subpoena or the entity at risk
identified by information obtained, unless--
``(i) the party or entity consents; or
``(ii) the Agency identifies or is notified
of a cybersecurity incident involving the party
or entity, which relates to the vulnerability
which led to the issuance of the subpoena;
``(B) the restriction on the use of information
obtained through the subpoena for a cybersecurity
purpose, as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501);
``(C) the retention and destruction of nonpublic
information obtained through a subpoena issued under
this subsection, including--
``(i) immediate destruction of information
obtained through the subpoena that the Director
determines is unrelated to critical
infrastructure; and
``(ii) destruction of any personally
identifiable information not later than 6
months after the date on which the Director
receives information obtained through the
subpoena, unless otherwise agreed to by the
individual identified by the subpoena
respondent;
``(D) the processes for providing notice to each
party that is subject to the subpoena and each entity
at risk identified by information obtained pursuant to
a subpoena issued under this subsection;
``(E) the processes and criteria for conducting
critical infrastructure security risk assessments to
determine whether a subpoena is necessary prior to
being issued under this subsection; and
``(F) the processes for assisting a party or entity
with removal, remediation, or other corrective measures
required to address the vulnerability identified by the
subpoena and, upon request, providing other resources
to parties or entities to prevent a recurrence of the
vulnerability or a related vulnerability in the future.
``(9) Review of procedures.--Not later than 1 year after
the date of enactment of this subsection, the Privacy Officer
of the Agency shall--
``(A) review the procedures developed by the
Director under paragraph (8) to ensure that--
``(i) the procedures are consistent with
fair information practices; and
``(ii) the operations of the Agency comply
with the procedures; and
``(B) notify the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives of
the results of the review.
``(10) Publication of information.--Not later than 120 days
after establishing the internal procedures under paragraph (8),
the Director shall make publicly available information
regarding the subpoena process under this subsection, including
regarding--
``(A) the purpose for subpoenas issued under this
subsection;
``(B) the subpoena process;
``(C) the criteria for the critical infrastructure
security risk assessment conducted prior to issuing a
subpoena;
``(D) policies and procedures on retention and
sharing of data obtained by subpoena;
``(E) guidelines on how entities contacted by the
Director may respond to notice of a subpoena; and
``(F) the procedures and policies of the Agency
developed under paragraph (8).
``(11) Annual reports.--The Director shall annually submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives a report (which may include a
classified annex but with the presumption of declassification)
on the use of subpoenas under this subsection by the Director,
which shall include--
``(A) a discussion of--
``(i) the effectiveness of the use of
subpoenas to mitigate critical infrastructure
security vulnerabilities;
``(ii) the critical infrastructure security
risk assessment process conducted for subpoenas
issued under this subsection;
``(iii) the number of subpoenas issued
under this subsection by the Director during
the preceding year;
``(iv) to the extent practicable, the
number of vulnerable enterprise devices or
systems mitigated under this subsection by the
Agency during the preceding year; and
``(v) the number of entities notified by
the Director under this subsection, and their
response, during the previous year; and
``(B) for each subpoena issued under this
subsection--
``(i) the source of the security
vulnerability detected, identified, or received
by the Director;
``(ii) the steps taken to identify the
entity at risk prior to issuing the subpoena;
and
``(iii) a description of the outcome of the
subpoena, including discussion on the
resolution or mitigation of the critical
infrastructure security vulnerability.
``(12) Publication of the annual reports.--The Director
shall make a version of the annual report required by paragraph
(11) publicly available, which shall, at a minimum, include the
findings described in clauses (iii), (iv), and (v) of
subparagraph (A).''.
SEC. 305. CISA DIRECTOR TERM LIMITATION.
(a) In General.--Subsection (b) of section 2202 of the Homeland
Security Act of 2002 (6 U.S.C. 652) is amended by--
(1) redesignating paragraph (2) as paragraph (3); and
(2) inserting after paragraph (1) the following new
paragraph:
``(2) Term.--Effective with respect to an individual
appointed to be the Director by the President, by and with the
advice and consent of the Senate, after the date of the
enactment of this paragraph, the term of office of such an
individual so appointed shall be five years, and such an
individual may not serve more than two terms. The term of
office of the individual serving as the Director as of such
date of enactment shall be five years beginning on the date on
which the Director began serving.''.
(b) Amendment Relating to Qualifications for Certain CISA Assistant
Directors.--The Homeland Security Act of 2002 is amended--
(1) in subparagraph (B) of section 2203(a)(2) (6 U.S.C.
653(a)(2)), by striking ``President without the advice and
consent of the Senate'' and inserting ``Secretary''; and
(2) in subparagraph (B) of section 2204(a)(2) (6 U.S.C.
654(a)(2)), by striking ``President without the advice and
consent of the Senate'' and inserting ``Secretary''.
(c) Amendment to Position Level of CISA Director.--Subchapter II of
chapter 53 of title 5, United States Code, is amended--
(1) in section 5313, by inserting after ``Administrator of
the Transportation Security Administration.'' the following:
``Director, Cybersecurity and Infrastructure Security
Agency.''; and
(2) in section 5314, by striking ``Director, Cybersecurity
and Infrastructure Security Agency.''.
SEC. 306. STATE, LOCAL, TRIBAL, AND TERRITORIAL CYBERSECURITY.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by this title, is
further amended by adding at the end the following new sections:
``SEC. 2216. CYBERSECURITY RESOURCE GUIDE DEVELOPMENT FOR STATE, LOCAL,
TRIBAL, AND TERRITORIAL GOVERNMENT OFFICIALS.
``The Secretary, acting through the Director, shall develop a
resource guide for use by State, local, and Tribal officials, including
law enforcement officers, to help such officials prepare for, protect
against, respond to, recover from, and mitigate against cyber attacks.
``SEC. 2217. STATE, LOCAL, TRIBAL, AND TERRITORIAL CYBERSECURITY
GRANTS.
``(a) In General.--The Director shall establish a State, local,
Tribal, and territorial government cybersecurity initiative to make
grants to State, local, Tribal, and territorial governments to prepare
for, protect against, respond to, recover from, and mitigate against
cyber attacks.
``(b) Application.--
``(1) In general.--Each State, local, Tribal, and
territorial government may apply for a grant under this
section, and shall submit such information in support of an
application relating thereto as the Director may require.
``(2) Minimum contents of application.--An application
under this subsection shall include the following:
``(A) A description of how the State, local,
Tribal, or territorial government plans to allocate
grant funds.
``(B) A budget showing how the State, local,
Tribal, or territorial government intends to expend
grant funds.
``(3) Duration.--Grants under this section shall be for one
year, and a State, local, Tribal, or territorial government may
apply or reapply on an annual basis.
``(c) Grant Award.--To be eligible to receive a grant under this
section, a State, local, Tribal, or territorial government shall agree
to contribute, from State or local government appropriated funds, other
State or local government revenue, or from private contributions
received by the State or local government, not less than 20 percent of
the amount of the grant.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of fiscal years 2020 through 2024 and
such sums as may be necessary for each fiscal year thereafter to carry
out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2215, as added by this title, the following
new items:
``Sec. 2216. Cybersecurity resource guide development for State, local,
Tribal, and territorial government
officials.
``Sec. 2217. State, local, Tribal, and territorial cybersecurity
grants.''.
(c) Additional Requirements.--Subtitle A of title XXII of the
Homeland Security Act of 2002 (6 U.S.C 652 et seq.), as amended by this
title, is further amended--
(1) in section 2201 (6 U.S.C. 651)--
(A) by redesignating paragraphs (4), (5), and (6)
as paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the new
following paragraph:
``(4) Entity.--The term `entity' shall include--
``(A) an association, corporation, whether for-
profit or nonprofit, partnership, proprietorship,
organization, institution, establishment, or
individual, whether domestic or foreign;
``(B) a government agency or other governmental
entity, whether domestic or foreign, including State,
local, Tribal, and territorial government entities; and
``(C) the general public.''; and
(2) in section 2209 (6 U.S.C. 659), by adding at the end
the following new subsection:
``(n) Coordination.--The Director shall, to the extent practicable,
and in coordination as appropriate with Federal and non-Federal
entities, such as the Multi-State Information Sharing and Analysis
Center--
``(1) conduct exercises with Federal and non-Federal
entities;
``(2) provide operational and technical cybersecurity
training related to cyber threat indicators, defensive
measures, cybersecurity risks, and incidents to Federal and
non-Federal entities to address cybersecurity risks or
incidents, with or without reimbursement;
``(3) assist Federal and non-Federal entities, upon
request, in sharing cyber threat indicators, defensive
measures, cybersecurity risks, and incidents from and to the
Federal Government as well as among Federal and non-Federal
entities, in order to increase situational awareness and help
prevent incidents;
``(4) provide Federal and non-Federal entities timely
notifications containing specific incident and malware
information that may affect such entities or individuals with
respect to whom such entities have a relationship;
``(5) provide and periodically update via a web portal and
other means tools, products, resources, policies, guidelines,
controls, procedures and other cybersecurity standards and best
practices and procedures related to information security;
``(6) work with senior Federal and non-Federal officials,
including State and local Chief Information Officers, senior
election officials, and through national associations, to
coordinate a nationwide effort to ensure effective
implementation of tools, products, resources, policies,
guidelines, controls, procedures, and other cybersecurity
standards and best practices and procedures related to
information security to secure and ensure the resiliency of
Federal and non-Federal information systems and including
election systems;
``(7) provide, upon request, operational and technical
assistance to Federal and non-Federal entities to implement
tools, products, resources, policies, guidelines, controls,
procedures, and other cybersecurity standards and best
practices related to information security, including by, as
appropriate, deploying and sustaining cybersecurity
technologies, such as an intrusion detection capability, to
assist such Federal and non-Federal entities in detecting
cybersecurity risks and incidents;
``(8) assist Federal and non-Federal entities in developing
policies and procedures for coordinating vulnerability
disclosures, to the extent practicable, consistent with
international and national standards in the information
technology industry;
``(9) ensure that Federal and non-Federal entities, as
appropriate, are made aware of the tools, products, resources,
policies, guidelines, controls, procedures, and other
cybersecurity standards and best practices related to
information security developed by the Department and other
appropriate Federal entities for ensuring the security and
resiliency of civilian information systems; and
``(10) promote cybersecurity education and awareness
through engagements with Federal and non-Federal entities.''.
SEC. 307. CYBERSECURITY WORKFORCE.
(a) Cybersecurity Talent Exchange.--
(1) Definitions.--In this section--
(A) the term ``congressional homeland security
committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Homeland Security and
the Committee on Appropriations of the House of
Representatives;
(B) the term ``Department'' means the Department of
Homeland Security; and
(C) the term ``Secretary'' means the Secretary of
Homeland Security.
(2) Cybersecurity talent exchange pilot program.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
commence carrying out a cybersecurity talent exchange
pilot program.
(B) Delegation.--The Secretary may delegate any
authority under this section to the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department.
(3) Appointment authority.--
(A) In general.--Under regulations prescribed by
the Secretary for the purpose of carrying out the pilot
program established under subsection (b), the Secretary
may, with the agreement of a private-sector
organization and the consent of the employee, arrange
for the temporary assignment of an employee to the
private-sector organization, or from the private-sector
organization to a Department organization under this
section.
(B) Eligible employees.--Employees participating in
the pilot program established under subsection (b)
shall have significant education, skills, or experience
relating to cybersecurity.
(C) Agreements.--
(i) In general.--The Secretary shall
provide for a written agreement among the
Department, the private-sector organization,
and the employee concerned regarding the terms
and conditions of the assignment of the
employee under this section, which--
(I) shall require that the employee
of the Department, upon completion of
the assignment, will serve in the
Department, or elsewhere in the civil
service if approved by the Secretary,
for a period equal to twice the length
of the assignment;
(II) shall provide that if the
employee of the Department or of the
private-sector organization, as the
case may be, fails to carry out the
agreement, the employee shall be liable
to the United States for payment of all
expenses of the assignment, unless that
failure was for good and sufficient
reason, as determined by the Secretary;
(III) shall contain language
ensuring that the employee of the
Department does not improperly use pre-
decisional or draft deliberative
information that the employee may be
privy to or aware of related to
Department programing, budgeting,
resourcing, acquisition, or procurement
for the benefit or advantage of the
private-sector organization; and
(IV) shall cover matters relating
to confidentiality, intellectual
property rights, and such other matters
as the Secretary considers appropriate.
(ii) Liability.--An amount for which an
employee is liable under subparagraph (i)(II)
shall be treated as a debt due the United
States.
(iii) Waiver.--The Secretary may waive, in
whole or in part, collection of a debt
described in subparagraph (B) based on a
determination that the collection would be
against equity and good conscience and not in
the best interests of the United States, after
taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith
on the part of the employee.
(D) Termination.--An assignment under this
subsection may, at any time and for any reason, be
terminated by the Department or the private-sector
organization concerned.
(E) Duration.--
(i) In general.--Except as provided in
subparagraph (B), an assignment under this
subsection shall be for a period of not less
than 3 months and not more than 2 years, and
renewable up to a total of 4 years.
(ii) Exception.--An assignment under this
subsection may be for a period in excess of 2
years, but not more than 4 years, if the
Secretary determines that the assignment is
necessary to meet critical mission or program
requirements.
(iii) Limitation.--No employee of the
Department may be assigned under this
subsection for more than a total of 4 years
inclusive of all assignments.
(F) Status of federal employees assigned to
private-sector organizations.--
(i) In general.--An employee of the
Department who is assigned to a private-sector
organization under this subsection shall be
considered, during the period of assignment, to
be on detail to a regular work assignment in
the Department for all purposes.
(ii) Written agreement.--The written
agreement established under paragraph (3) shall
address the specific terms and conditions
related to the continued status of the employee
as a Federal employee.
(iii) Certification.--In establishing a
temporary assignment of an employee of the
Department to a private-sector organization,
the Secretary shall--
(I) ensure that the normal duties
and functions of the employee can be
reasonably performed by other employees
of the Department without the transfer
or reassignment of other personnel of
the Department; and
(II) certify that the temporary
assignment of the employee shall not
have an adverse or negative impact on
organizational capabilities associated
with the assignment.
(G) Terms and conditions for private-sector
employees.--An employee of a private-sector
organization who is assigned to a Department
organization under this subsection--
(i) shall continue to receive pay and
benefits from the private-sector organization
from which the employee is assigned and shall
not receive pay or benefits from the
Department, except as provided in subparagraph
(B);
(ii) is deemed to be an employee of the
Department for the purposes of--
(I) chapters 73 and 81 of title 5,
United States Code;
(II) sections 201, 203, 205, 207,
208, 209, 603, 606, 607, 643, 654,
1905, and 1913 of title 18, United
States Code;
(III) sections 1343, 1344, and
1349(b) of title 31, United States
Code;
(IV) chapter 171 of title 28,
United States Code (commonly known as
the ``Federal Tort Claims Act'') and
any other Federal tort liability
statute;
(V) the Ethics in Government Act of
1978 (5 U.S.C. App.); and
(VI) chapter 21 of title 41, United
States Code;
(iii) shall not have access to any trade
secrets or to any other nonpublic information
which is of commercial value to the private-
sector organization from which the employee is
assigned;
(iv) may perform work that is considered
inherently governmental in nature only when
requested in writing by the Secretary; and
(v) may not be used to circumvent any
limitation or restriction on the size of the
workforce of the Department.
(H) Prohibition against charging certain costs to
the federal government.--A private-sector organization
may not charge the Department or any other agency of
the Federal Government, as direct or indirect costs
under a Federal contract, the costs of pay or benefits
paid by the organization to an employee assigned to a
Department organization under this subsection for the
period of the assignment.
(I) Expenses.--
(i) In general.--The Secretary may pay for
travel and other work-related expenses
associated with individuals participating in
the pilot program established under subsection
(b). The Secretary shall not pay for lodging or
per diem expenses for employees of a private
sector organization, unless such expenses are
in furtherance of work-related travel other
than participating in the pilot program.
(ii) Background investigation.--A private
person supporting an individual participating
in the pilot program may pay for a background
investigation associated with the participation
of the individual in the pilot program.
(J) Maximum number of participants.--Not more than
250 individuals may concurrently participate in the
pilot program established under subsection (b).
(4) Detailing of participants.--With the consent of an
individual participating in the pilot program established under
subsection (b), the Secretary may, under the pilot program,
detail the individual to another Federal department or agency.
(5) Sunset.--The pilot program established under subsection
(b) shall terminate on the date that is 7 years after the date
of enactment of this Act.
(6) Reports.--
(A) Preliminary report.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall submit to the congressional homeland security
committees a preliminary report describing the
implementation of the pilot program established under
subsection (b), including the number of participating
employees from the Department and from private sector
organizations, the departmental missions or programs
carried out by employees participating in the pilot
program, and recommendations to maximize efficiencies
and the effectiveness of the pilot program in order to
support Department cybersecurity missions and
objectives.
(B) Final report.--Not later than 6 years after the
date of enactment of this Act, the Secretary shall
submit to the congressional homeland security
committees a final report describing the implementation
of the pilot program established under subsection (b),
including the number of participating employees from
the Department and from private sector organizations,
the departmental missions or programs carried out by
employees participating in the pilot program, and
providing a recommendation on whether the pilot program
should be made permanent.
(b) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 2218. CYBERSECURITY APPRENTICESHIPS.
``The director of cybersecurity and infrastructure security agency
may establish a cybersecurity apprenticeship program in coordination
with the National Institutes of Standards and Technology National
Initiative for Cybersecurity Education and the Department of Labor
Apprenticeship Office.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2217, as added by this title, the following
new item:
``Sec. 2218. Cybersecurity apprenticeships.''.
SEC. 308. ELECTION SECURITY.
(a) Election Infrastructure Designation.--Subparagraph (J) of
section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3))
is amended by inserting ``, including election infrastructure'' before
the period at the end.
(b) Timely Threat Information.--Subsection (d) of section 201 of
the Homeland Security Act of 2002 (6 U.S.C. 121), as amended by title
II of this Act, is further amended by adding at the end the following
new paragraph:
``(25) To provide timely threat information regarding
election infrastructure to the chief State election official of
the State with respect to which such information pertains.''.
(c) Election Security Responsibilities.--In carrying out the
responsibilities under section 2202 of the Homeland Security Act of
2002 (6 U.S.C. 652), the Director of Cybersecurity and Infrastructure
Security Agency may--
(1) upon request, provide State and local election
jurisdictions, with--
(A) technical assistance with election
infrastructure;
(B) cyber hygiene service for internet-facing
systems;
(C) risk and vulnerability assessments;
(D) incident response assistance; and
(E) provide physical and protective security tools,
training and resources; and
(2) employ field-base cybersecurity advisors and protective
security advisors.
SEC. 309. PROTECTION FROM LIABILITY.
Section 2224 of the Homeland Security Act (6 U.S.C. 673) is
amending by adding at the end the following new subsections:
``(i) Monitoring of Information Systems.--No cause of action shall
lie or be maintained in any court against any private entity, and such
action shall be promptly dismissed, for the monitoring of an
information system and information under section 104(a) that is
conducted in accordance with this title.
``(j) Sharing or Receipt of Cyber Threat Indicators.--
``(1) In general.--No cause of action shall lie or be
maintained in any court against any private entity, and such
action shall be promptly dismissed, for the sharing or receipt
of a cyber threat indicator or defensive measure under section
104(c) if--
``(A) such sharing or receipt is conducted in
accordance with this title; and
``(B) in a case in which a cyber threat indicator
or defensive measure is shared with the Federal
Government, the cyber threat indicator or defensive
measure is shared in a manner that is consistent with
section 105(c)(1)(B) and the sharing or receipt, as the
case may be, occurs after the earlier of--
``(i) the date on which the interim
policies and procedures are submitted to
Congress under section 105(a)(1) and guidelines
are submitted to Congress under section
105(b)(1); or
``(ii) the date that is 60 days after the
date of the enactment of this subsection.
``(2) Rule of construction.--Nothing in this subsection may
be construed to--
``(A) create a duty to--
``(i) share a cyber threat indicator or
defensive measure; or
``(ii) warn or act based on the receipt of
a cyber threat indicator or defensive measure;
or
``(B) undermine or limit the availability of
otherwise applicable common law or statutory
defenses.''.
SEC. 310. PERMANENT EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM
STANDARDS PROGRAM OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 5 of the Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014 (Public Law 113-254; 6 U.S.C. 621 note)
is repealed.
SEC. 311. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS.
(a) Cybersecurity Research and Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by title I of this Act,
is further amended by adding at the end the following new
section:
``SEC. 322. CYBERSECURITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and Technology
shall support the research, development, testing, evaluation, and
transition of cybersecurity technologies, including fundamental
research to improve the sharing of information, information security,
analytics, and methodologies related to cybersecurity risks and
incidents, consistent with current law.
``(b) Activities.--The research and development supported under
subsection (a) shall serve the components of the Department and shall--
``(1) advance the development and accelerate the deployment
of more secure information systems;
``(2) improve and create technologies for detecting and
preventing attacks or intrusions, including real-time
continuous diagnostics, real-time analytic technologies, and
full life cycle information protection;
``(3) improve and create mitigation and recovery
methodologies, including techniques and policies for real-time
containment of attacks and development of resilient networks
and information systems;
``(4) assist the development and support infrastructure and
tools to support cybersecurity research and development
efforts, including modeling, testbeds, and data sets for
assessment of new cybersecurity technologies;
``(5) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems;
``(6) assist the development and support cyber forensics
and attack attribution capabilities;
``(7) assist the development and accelerate the deployment
of full information life cycle security technologies to enhance
protection, control, and privacy of information to detect and
prevent cybersecurity risks and incidents;
``(8) assist the development and accelerate the deployment
of information security measures, in addition to perimeter-
based protections;
``(9) assist the development and accelerate the deployment
of technologies to detect improper information access by
authorized users;
``(10) assist the development and accelerate the deployment
of cryptographic technologies to protect information at rest,
in transit, and in use;
``(11) assist the development and accelerate the deployment
of methods to promote greater software assurance;
``(12) assist the development and accelerate the deployment
of tools to securely and automatically update software and
firmware in use, with limited or no necessary intervention by
users and limited impact on concurrently operating systems and
processes; and
``(13) assist in identifying and addressing unidentified or
future cybersecurity threats.
``(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate activities with--
``(1) the Director of Cybersecurity and Infrastructure
Security;
``(2) the heads of other relevant Federal departments and
agencies, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for Science and
Technology shall--
``(1) support projects carried out under this title through
the full life cycle of such projects, including research,
development, testing, evaluation, pilots, and transitions;
``(2) identify mature technologies that address existing or
imminent cybersecurity gaps in public or private information
systems and networks of information systems, protect sensitive
information within and outside networks of information systems,
identify and support necessary improvements identified during
pilot programs and testing and evaluation activities, and
introduce new cybersecurity technologies throughout the
homeland security enterprise through partnerships and
commercialization; and
``(3) target federally funded cybersecurity research that
demonstrates a high probability of successful transition to the
commercial market within 2 years and that is expected to have a
notable impact on the public or private information systems and
networks of information systems.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given the term in section 2209.
``(2) Homeland security enterprise.--The term `homeland
security enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government
officials, private sector representatives, academics, and other
policy experts.
``(3) Incident.--The term `incident' has the meaning given
the term in section 2209.
``(4) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(5) Software assurance.--The term `software assurance'
means confidence that software--
``(A) is free from vulnerabilities, either
intentionally designed into the software or
accidentally inserted at any time during the life cycle
of the software; and
``(B) functioning in the intended manner.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 321, as added by
title I of this Act, the following new item:
``Sec. 322. Cybersecurity research and development.''.
(b) Research and Development Projects.--Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``2017'' and inserting ``2022''; and
(B) in paragraph (2), by striking ``under section
845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160). In applying the
authorities of that section 845, subsection (c) of that
section shall apply with respect to prototype projects
under this paragraph, and the Secretary shall perform
the functions of the Secretary of Defense under
subsection (d) thereof'' and inserting ``under section
2371b of title 10, United States Code, and the
Secretary shall perform the functions of the Secretary
of Defense as prescribed.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``2017'' and inserting
``2022''; and
(B) by amending paragraph (2) to read as follows:
``(2) Report.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report detailing the projects for which the authority
granted by subsection (a) was utilized, the rationale for such
utilizations, the funds spent utilizing such authority, the
extent of cost-sharing for such projects among Federal and non-
Federal sources, the extent to which utilization of such
authority has addressed a homeland security capability gap or
threat to the homeland identified by the Department, the total
amount of payments, if any, that were received by the Federal
Government as a result of the utilization of such authority
during the period covered by each such report, the outcome of
each project for which such authority was utilized, and the
results of any audits of such projects.'';
(3) in subsection (d), by striking ``as defined in section
845(e) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note)'' and
inserting ``as defined in section 2371b(e) of title 10, United
States Code.''; and
(4) by adding at the end the following:
``(e) Training.--The Secretary shall develop a training program for
acquisitions staff on the utilization of the authority provided under
subsection (a) to ensure accountability and effective management of
projects consistent with the Program Management Improvement
Accountability Act (Public Law 114-264; 130 Stat. 1371) and the
amendments made by such Act.''.
(c) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this section and the
amendments made by this section. Such requirements shall be carried out
using amounts otherwise authorized.
SEC. 312. LOAN REPAYMENT PROGRAM.
(a) Agreement.--The Secretary of Homeland Security shall enter into
an agreement with each individual in a cybersecurity position
identified by a Federal agency pursuant to section 303 of the Federal
Cybersecurity Workforce Assessment Act of 2015, under which--
(1) the individual agrees serve in such a position for not
less than a 5-year period; and
(2) for each year of such service, the Secretary shall
repay an amount of principal and interest, as specified in the
agreement, that the individual owes on qualifying educational
loans.
(b) Qualifying Educational Loan Defined.--The term ``qualifying
educational loan'' means a loan made under part D of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a) or private education
loan (as defined in section 140 of the Truth in Lending Act) received
by an individual for the cost of attendance (as defined in section 472
of the Higher Education Act of 1965 (20 U.S.C. 1087ll)) at an
institution designated by the Department as a Center for Academic
Excellence in Cybersecurity.
(c) Breach Remedies.--
(1) In general.--Subject to paragraph (1), an agreement
under subsection (a) shall provide for remedies in a case in
which an individual does not comply with the service
requirement under subsection (a)(1), including repayment or
partial repayment of the loan repayment amount received under
subsection (a), with interest.
(2) Waiver.--The Secretary of Homeland Security waive a
remedy provided for under paragraph (1) in the case of extreme
hardship or extreme need, as determined by the Secretary.
(d) Administration.--The Secretary of Homeland Security may carry
out this section directly or enter into an agreement with another
Federal agency or other service provider to assist in the
administration of this section.
(e) Repayment Schedule.--The Secretary of Homeland Security may
enter into an agreement with the holder of any loan for which the
Secretary makes payments under this section to establish a schedule for
the making of such payments.
(f) Regulations.--Not later than 270 days after the date of
enactment of this subsection, the Secretary of Homeland Security shall
promulgate regulations to carry out this section, including regulations
to determine the aggregate amount of loan repayment that an individual
may receive under subsection (a).
SEC. 313. EXCLUSION OF CERTAIN STUDENT LOAN REPAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139H the following new section:
``SEC. 139I. CERTAIN STUDENT LOAN REPAYMENTS.
``Gross income shall not include any amount of loan repayment
received under section 312(a) of the Keep America Secure Act.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139H the following new item:
``Sec. 139I. Certain student loan repayments.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 314. SCHOLARSHIP FOR SERVICE.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 2219. SCHOLARSHIP FOR SERVICE.
``(a) In General.--The Secretary, acting through the Director, may
establish a scholarship program (in this section referred to as the
`program') to recruit and train information technology, cybersecurity,
and industrial control system security professionals to work in the
Agency.
``(b) Elements.--The program shall--
``(1) provide scholarships through institutions of higher
education, including community colleges, that are designated as
National Centers of Academic Excellence in cybersecurity by the
Department, to students who are enrolled in programs of study
at such institutions leading to degrees or specialized program
certifications in the cybersecurity field;
``(2) provide scholarship recipients with summer internship
opportunities or other meaningful temporary appointments
relating to the cybersecurity mission of the Department; and
``(3) prioritize the employment placement in the Department
of at least 80 percent of scholarship recipients.
``(c) Amount.--A scholarship awarded under the program shall be in
an amount that--
``(1) covers the recipient's tuition and fees for not more
than 4 years; and
``(2) provides the recipient with a stipend.
``(d) Post-Award Employment Obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under the program,
shall enter into an agreement under which the recipient agrees to work
for a period of five years in the cybersecurity mission of the
Department after receipt of the student's degree or specialized program
certification in the cybersecurity field.
``(e) Eligibility.-- To be eligible to receive a scholarship under
the program, an individual shall--
``(1) be a citizen or lawful permanent resident of the
United States;
``(2) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as defined by the
national cybersecurity awareness and education program of the
National Institute of Standards and Technology pursuant to
section 401 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7451);
``(3) be a full-time student in a technology-related degree
program at an institution described in subsection (b)(1),
except that in the case of a student who is enrolled in a
community college, be a student pursuing a degree on a less
than full-time basis, but not less than half-time basis; and
``(4) accept the terms of a scholarship under the program.
``(f) Conditions of Support.--
``(1) In general.--As a condition of receiving a
scholarship under the program, a recipient shall agree to
provide the institution described in subsection (b)(1) with
annual verifiable documentation of post-award employment and
up-to-date contact information.
``(2) Terms.--A scholarship recipient under the program
shall be liable to the United States as provided in subsection
(i) if the recipient--
``(A) does not maintain an acceptable level of
academic standing at the applicable institution
described in subsection (b)(1), as determined by the
Secretary, acting through the Director;
``(B) is dismissed for disciplinary reasons from
such applicable institution;
``(C) withdraws from the eligible degree program
before completing the program of study;
``(D) declares an intention to not fulfill the
post-award employment obligation under the program; or
``(E) does not fulfill the post-award employment
obligation under the program.
``(g) Amount of Repayment.--
``(1) Less than one year of service.--If a circumstance
described in subsection (f)(2) occurs before the completion of
one year of a post-award employment obligation under the
program, the total monetary amount of the scholarship award
received by the recipient under the program shall be--
``(A) repaid; or
``(B) treated as a loan to be repaid in accordance
with subsection (h).
``(2) One or more years of service.--If a circumstance
described in subparagraph (D) or (E) of subsection (f)(2)
occurs after the completion of one or more years of a post-
award employment obligation under the program, the total
monetary amount of the scholarship awards received by the
recipient under the program, reduced by the ratio of the number
of years of service completed divided by the number of years of
service required, shall be--
``(A) repaid; or
``(B) treated as a loan to be repaid in accordance
with subsection (h).
``(h) Repayments.--A loan described in subsection (g) shall be--
``(1) treated as a Federal Direct Unsubsidized Stafford
Loan under part D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087a et seq.); and
``(2) subject to repayment, together with interest thereon
accruing from the date of the scholarship award, in accordance
with terms and conditions specified by the Secretary, acting
through the Director, (in consultation with the Secretary of
Education) in regulations promulgated to carry out this
subsection.
``(i) Collection of Repayment.--
``(1) In general.--In the event that a scholarship
recipient is required to repay the scholarship award under this
section, an institution described in subsection (b)(1)
providing the scholarship shall--
``(A) determine the repayment amounts and notify
the recipient and the Secretary of the amounts owed;
and
``(B) collect the repayment amounts within a period
of time as determined by the Secretary, or the
repayment amounts shall be treated as a loan in
accordance with subsection (h).
``(2) Returned to treasury.--Except as provided in
paragraph (3), any repayment under this subsection shall be
returned to the Treasury of the United States.
``(3) Retained percentage.--An institution described in
subsection (b)(1) may retain a percentage of any repayment such
institution collects under this subsection to defray
administrative costs associated with such collection. The
Secretary shall establish a single, fixed percentage that will
apply to all such institutions.
``(j) Exceptions.--The Secretary may provide for the partial or
total waiver or suspension of any service or repayment obligation by an
individual under this section whenever compliance by such individual
with such obligation is impossible or would involve extreme hardship to
such individual, or if enforcement of such obligation with respect to
such individual would be unconscionable.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2218, as added by this title, the following
new item:
``Sec. 2219. Scholarship for service.''.
SEC. 315. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
shall conduct a review of the ability of the Cybersecurity and
Infrastructure Security Agency to carry out its mission requirements,
as well as the recommendations detailed in the U.S. Cyberspace Solarium
Commission's Report regarding the Agency.
(b) Elements of Review.--The review conducted in accordance with
subsection (a) shall include the following elements:
(1) An assessment of how additional budget resources could
be used by the Cybersecurity and Infrastructure Security Agency
for projects and programs that--
(A) support the national risk management mission;
(B) support public and private-sector
cybersecurity;
(C) promote public-private integration; and
(D) provide situational awareness of cybersecurity
threats.
(2) A force structure assessment of the Cybersecurity and
Infrastructure Security Agency, including--
(A) a determination of the appropriate size and
composition of personnel to carry out the mission
requirements of the Agency, as well as the
recommendations detailed in the U.S. Cyberspace
Solarium Commission's Report regarding the Agency;
(B) as assessment of whether existing personnel are
appropriately matched to the prioritization of threats
in the cyber domain and risks to critical
infrastructure;
(C) an assessment of whether the Agency has the
appropriate personnel and resources to--
(i) perform risk assessments, threat
hunting, and incident response to support both
private and public cybersecurity;
(ii) carry out its responsibilities related
to the security of Federal information and
Federal information systems (as such term is
defined in section 3502 of title 44, United
States Code); and
(iii) carry out its critical infrastructure
responsibilities, including national risk
management;
(D) an assessment of whether current structure,
personnel, and resources of regional field offices are
sufficient to carry out Agency responsibilities and
mission requirements; and
(E) an assessment of current Cybersecurity and
Infrastructure Security Agency facilities, including a
review of the suitability of such facilities to fully
support current and projected mission requirements
nationally and regionally, and recommendations
regarding future facility requirements.
(c) Submission of Review.--Not later than one year after the date
of the enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report detailing the result of the review
conducted in accordance with subsection (a), including recommendations
to address any identified gaps.
(d) General Services Administration Review.--
(1) Submission of assessment.--Upon submission to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate of the report required under subsection (c), the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security shall submit to
the Administrator of the General Services Administration the
results of the assessment required under subsection (b)(2)(E).
(2) Review.--The Administrator of the General Services
Administration shall--
(A) conduct a review of Cybersecurity and
Infrastructure Security Agency assessment required
under subsection (b)(2)(E); and
(B) make recommendations regarding resources needed
to procure or build a new facility or augment existing
facilities to ensure sufficient size and accommodations
to fully support current and projected mission
requirements, including the integration of personnel
from the private sector and other Federal departments
and agencies.
(3) Submission of review.--Not later than 30 days after
receipt of the assessment in accordance with paragraph (1), the
Administrator of the General Services Administration shall
submit to the President, the Secretary of Homeland Security,
the Committee on Homeland Security and Governmental Affairs of
the Senate, and the Committee on Homeland Security of the House
of Representatives the review required under paragraph (2).
SEC. 316. STRATEGY TO SECURE EMAIL.
(a) In General.--Not later than December 31, 2021, the Secretary of
Homeland Security shall develop and submit to Congress a strategy,
including recommendations, to implement across all United States-based
email providers Domain-based Message Authentication, Reporting, and
Conformance standard at scale.
(b) Elements.--The strategy required under subsection (a) shall
include the following:
(1) A recommendation for the minimum size threshold for
United States-based email providers for applicability of
Domain-based Message Authentication, Reporting, and
Conformance.
(2) A description of the security and privacy benefits of
implementing the Domain-based Message Authentication,
Reporting, and Conformance standard at scale, including
recommendations for national security exemptions, as
appropriate, as well as the burdens of such implementation and
an identification of the entities on which such burdens would
most likely fall.
(3) An identification of key United States and
international stakeholders associated with such implementation.
(4) An identification of any barriers to such implementing,
including a cost-benefit analysis where feasible.
(5) An initial estimate of the total cost to the Federal
Government and implementing entities in the private sector of
such implementing, including recommendations for defraying such
costs, if applicable.
(c) Consultation.--In developing the strategies and recommendations
under subsection (a), the Secretary of Homeland Security may, as
appropriate, consult with representatives from the information
technology sector.
(d) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to this section or to any action to implement this
section.
(e) Definition.--In this section, the term ``Domain-based Message
Authentication, Reporting, and Conformance'' means an email
authentication, policy, and reporting protocol that verifies the
authenticity of the sender of an email and blocks and reports to the
sender fraudulent accounts.
SEC. 317. STRENGTHENING FEDERAL NETWORKS.
(a) Authority.--Section 3553(b) of title 44, United States Code, is
amended--
(1) in paragraph (6)(D), by striking ``; and'' at the end
and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) hunting for and identifying, with or without advance
notice, threats and vulnerabilities within Federal information
systems; and''.
(b) Binding Operational Directive.--Not later than 1 year after the
date of the enactment of this section, the Secretary of Homeland
Security shall issue a binding operational directive pursuant to
subsection (b)(2) of section 3553 of title 44, United States Code, to
implement paragraph (7) of section 3553(b) of title 44, United States
Code, as added by subsection (a).
SEC. 318. AUTHORIZATION OF APPROPRIATIONS.
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security, including to
carry out this title and the amendments made by this title, there is
authorized to be appropriated to the Agency the following:
(1) $2,400,000,000 for fiscal year 2021.
(2) $2,800,000,000 for fiscal year 2022.
TITLE IV--BORDER AND VISA SECURITY
SEC. 401. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND
OFFICERS.
(a) U.S. Border Patrol Agents and Processing Coordinators.--Not
later than September 30, 2024, the Commissioner of U.S. Customs and
Border Protection shall hire, train, and assign sufficient U.S. Border
Patrol personnel to maintain an active duty presence of not fewer than
26,370 full-time equivalent agents and not fewer than 1,200 processing
coordinators.
(b) CBP Officers.--Not later than September 30, 2024, the
Commissioner of U.S. Customs and Border Protection shall hire, train,
and assign sufficient U.S. Customs and Border Protection officers to
maintain an active duty presence of not fewer than 27,725 full-time
equivalent officers.
(c) Air and Marine Operations.--Not later than September 30, 2024,
the Commissioner of U.S. Customs and Border Protection shall hire,
train, and assign sufficient agents for Air and Marine Operations of
U.S. Customs and Border Protection to maintain not fewer than 1,675
full-time equivalent agents and not fewer than 264 Marine and Air
Interdiction Agents for southern border air and maritime operations.
(d) Professional Support Staff.--Not later than September 30, 2024,
the Secretary of Homeland Security shall hire, train, and assign
sufficient professional support staff for the recruitment, hiring,
training, and maintenance of the personnel authorized under subsections
(a) through (c).
(e) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2024, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $1,250,000,000 for each of fiscal years 2021 through 2024
to carry out subsection (a) though (d).
SEC. 402. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER
PATROL AND AIR AND MARINE OPERATIONS OF CBP.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection, in coordination with the Under Secretary for Management,
the Chief Human Capital Officer, and the Chief Financial Officer of the
Department of Homeland Security, shall implement a workload staffing
model for each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of U.S. Customs and Border
Protection.
(b) Responsibilities of the Commissioner of CBP.--Subsection (c) of
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model that includes
consideration for essential frontline operator activities and
functions, variations in operating environments, present and
planned infrastructure, present and planned technology, and
required operations support levels for the U.S. Border Patrol,
Air and Marine Operations, and the Office of Field Operations,
to manage and assign personnel of such entities to ensure field
and support posts possess adequate resources to carry out
duties specified in this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling and
reporting of actual completed work hours and activities;''.
(c) Report.--Not later than one year after the date of the
enactment of this Act with respect to subsection (a) and paragraphs
(18) and (19) of section 411(c) of the Homeland Security Act of 2002
(as amended by subsection (b)), and annually thereafter with respect to
such paragraphs (18) and (19), the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a status update on the implementation of such
subsection (a) and such paragraphs (18) and (19), and status updates on
such paragraphs (18) and (19), as well as all relevant workload
staffing models. Such status updates shall include information on data
sources and methodology used to generate such staffing models.
(d) Inspector General Review.--Not later than 120 days after the
Commissioner of U.S. Customs and Border Protection develops a workload
staffing model pursuant to subsection (a), the Inspector General of the
Department of Homeland Security shall review such model and provide
feedback to the Secretary of Homeland Security and the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate regarding the
degree to which such model is responsive to Inspector General
recommendations, including recommendations from the Inspector General's
February 2019 audit, and as appropriate, any further recommendations to
improve such model.
SEC. 403. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment
authorities
``(a) Definitions.--In this section--
``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection;
``(2) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(3) the term `Director' means the Director of the Office
of Personnel Management;
``(4) the term `Secretary' means the Secretary of Homeland
Security; and
``(5) the term `appropriate congressional committees' means
the Committee on Oversight and Reform, the Committee on
Homeland Security, and the Committee on Ways and Means of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance
of the Senate.
``(b) Direct Hire Authority; Recruitment and Relocation Bonuses;
Retention Bonuses.--
``(1) Direct hire authority.--The Secretary may appoint,
without regard to sections 3309 through 3319, candidates to
positions in the competitive service within U.S. Customs and
Border Protection if the Secretary has given public notice of
such positions before making any such appointment.
``(2) Recruitment and relocation bonuses.--The Secretary
may pay a recruitment or relocation bonus of up to 50 percent
of the annual rate of basic pay to an individual CBP employee
as of the first day of the applicable service period (as
prescribed by a written service agreement described in
subparagraph (B)) multiplied by the number of years (including
a fractional part of a year) in the service period if--
``(A) the Secretary determines that conditions
consistent with the conditions described in paragraphs
(1) and (2) of subsection (b) of section 5753 are
satisfied with respect to the individual (without
regard to the regulations referenced in subsection
(b)(2)(B)(ii)(I)); and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(3) Retention bonuses.--The Secretary may pay a retention
bonus of up to 50 percent of the annual rate of basic pay to an
individual CBP employee if--
``(A) the Secretary determines that--
``(i) a condition consistent with the
condition described in subsection (b)(1) of
section 5754 is satisfied with respect to the
CBP employee; and
``(ii) in the absence of a retention bonus,
the CBP employee would be likely to leave--
``(I) the Federal service; or
``(II) for a different position in
the Federal service, including a
position in another agency or component
of the Department of Homeland Security;
and
``(B) the CBP employee enters into a written
service agreement with the Secretary--
``(i) under which the employee is required
to complete a period of employment as a CBP
employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(4) Rules for bonuses.--
``(A) Maximum bonus limitations.--
``(i) Under paragraph (2).--A CBP employee
may not receive a total amount of bonuses under
paragraph (2) in excess of 100 percent of the
annual rate of basic pay of the employee as of
the first day of the applicable service period.
``(ii) Under paragraph (3).--A bonus paid
to any CBP employee under paragraph (3) may not
exceed 50 percent of the annual rate of basic
pay of the employee.
``(B) Relationship to basic pay.--A bonus paid
under paragraph (2) or (3) shall not be considered part
of the basic pay of the CBP employee for any purpose,
including for retirement or in computing a lump-sum
payment to the covered employee for accumulated and
accrued annual leave under section 5551 or section
5552.
``(C) Period of service for recruitment,
relocation, and retention bonuses.--
``(i) Restriction.--A bonus paid under
paragraph (3) may not be based on any period of
such service which is the basis for a
recruitment or relocation bonus under paragraph
(2).
``(ii) Further restriction.--A bonus paid
under paragraph (2) or (3) may not be based on
any period of service which is the basis for a
recruitment or relocation bonus under section
5753 or a retention bonus under section 5754.
``(D) Limitations.--No bonus may be paid--
``(i) under paragraph (2) to any individual
described in section 5753(a)(2); or
``(ii) under paragraph (3) to any
individual described in section 5754(a)(2).
``(c) Special Rates of Pay.--In addition to the circumstances
described in subsection (b) of section 5305, the Director of the Office
of Personnel Management may establish special rates of pay in
accordance with that section to assist the Secretary in meeting
staffing levels as described in section 401. The Director shall
prioritize the consideration of requests from the Secretary for such
special rates of pay and issue a decision as soon as practicable. The
Secretary shall provide such information to the Director as the
Director deems necessary to evaluate special rates of pay under this
subsection.
``(d) OPM Oversight.--
``(1) In general.--Not later than September 30 of each year
that the authorities under subsections (b) and (c) are in
effect, the Secretary shall provide a report to the Director on
U.S. Customs and Border Protection's use of such authorities.
In each report, the Secretary shall provide such information as
the Director determines is appropriate to ensure appropriate
use of authorities under such subsections. Each report shall
also include an assessment of--
``(A) the impact of the use of authorities under
subsections (b) and (c) on implementation of meeting
staffing levels as described in section 401;
``(B) whether the authorities solved hiring and
retention challenges at the agency, including at
specific locations;
``(C) whether hiring and retention challenges still
exist at the agency or specific locations; and
``(D) whether the Secretary needs to continue to
use authorities provided under this section at the
agency or at specific locations.
``(2) Consideration.--In compiling a report under paragraph
(1), the Secretary shall consider--
``(A) whether any CBP employee accepted an
employment incentive under subsections (b) and (c) and
then transferred to a new location or left U.S. Customs
and Border Protection; and
``(B) the length of time that each employee
identified under subparagraph (A) stayed at the
original location before transferring to a new location
or leaving U.S. Customs and Border Protection.
``(3) Submission to congress.--In addition to the Director,
the Secretary shall submit each report required under this
subsection to the appropriate congressional committees.
``(e) OPM Action.--
``(1) Notification.--If the Director determines the
Secretary has inappropriately used authorities under subsection
(b) or (c), the Director shall notify the Secretary and the
appropriate congressional committees in writing.
``(2) Prohibition.--Upon receipt of a notification under
paragraph (1), the Secretary may not make any new appointment
or issue any new bonus under subsection (b), or provide any CBP
employee with further special rates of pay, until the Director
has provided the Secretary and the appropriate congressional
committees a written notice stating the Director is satisfied
safeguards are in place to prevent further inappropriate use.
``(3) Application.--The prohibition under paragraph (2)
shall not apply to any bonus under subsection (b) due to a CBP
employee pursuant to a written service agreement entered into
before the date of receipt of a notification under such
paragraph.
``(f) Improving CBP Hiring and Retention.--
``(1) Training of cbp hiring officials.--Not later than 180
days after the date of the enactment of this section, and in
conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Secretary shall develop
and implement a strategy to improve the training regarding
hiring and human resources flexibilities (including hiring and
human resources flexibilities for locations in rural or remote
areas) for all employees, serving in agency headquarters or
field offices, who are involved in the recruitment, hiring,
assessment, or selection of candidates for locations in a rural
or remote area, as well as the retention of current employees.
``(2) Elements.--Elements of the strategy under paragraph
(1) shall include the following:
``(A) Developing or updating training and
educational materials on hiring and human resources
flexibilities for employees who are involved in the
recruitment, hiring, assessment, or selection of
candidates, as well as the retention of current
employees.
``(B) Regular training sessions for personnel who
are critical to filling open positions in rural or
remote areas.
``(C) The development of pilot programs or other
programs, as appropriate, consistent with authorities
provided to the Secretary to address identified hiring
challenges, including in rural or remote areas.
``(D) Developing and enhancing strategic recruiting
efforts through the relationships with institutions of
higher education, as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002), veterans
transition and employment centers, and job placement
program in regions that could assist in filling
positions in rural or remote areas.
``(E) Examination of existing agency programs on
how to most effectively aid spouses and families of
individuals who are candidates or new hires in a rural
or remote area.
``(F) Feedback from individuals who are candidates
or new hires at locations in a rural or remote area,
including feedback on the quality of life in rural or
remote areas for new hires and their families.
``(G) Feedback from CBP employees, other than new
hires, who are stationed at locations in a rural or
remote area, including feedback on the quality of life
in rural or remote areas for those CBP employees and
their families.
``(H) Feedback in the form of an exit interview
from CBP employees who have decided to voluntarily
leave the agency.
``(I) Evaluation of Department of Homeland Security
internship programs and the usefulness of those
programs in improving hiring by the Secretary in rural
or remote areas.
``(3) Evaluation.--
``(A) In general.--Not later than one year after
developing and implementing the strategy under
paragraph (1) and each of the four years thereafter,
the Secretary shall--
``(i) evaluate the extent to which the
strategy developed and implemented under such
paragraph has improved the hiring and retention
ability of the Secretary; and
``(ii) make any appropriate updates to the
strategy under such paragraph.
``(B) Information.--The evaluation conducted under
subparagraph (A) shall include the following:
``(i) Any reduction in the time taken by
the Secretary to fill mission-critical
positions, including in rural or remote areas.
``(ii) A general assessment of the impact
of the strategy implemented under paragraph (1)
on hiring challenges, including in rural or
remote areas.
``(iii) Other information the Secretary
determines relevant.
``(g) Inspector General Review.--Not later than two years after the
date of the enactment of this section, the Inspector General of the
Department of Homeland Security shall review the use of hiring and pay
flexibilities under subsections (b) and (c) to determine whether the
use of such flexibilities is helping the Secretary meet hiring and
retention needs, including in rural and remote areas.
``(h) Report on Polygraph Requests.--The Secretary shall report to
the appropriate congressional committees on the number of requests the
Secretary receives from any other Federal agency for the file of an
applicant for a position in U.S. Customs and Border Protection that
includes the results of a polygraph examination.
``(i) Exercise of Authority.--
``(1) Sole discretion.--The exercise of authority under
subsection (b) shall be subject to the sole and exclusive
discretion of the Secretary (or the Commissioner of U.S.
Customs and Border Protection, as applicable under paragraph
(2) of this subsection), notwithstanding chapter 71 and any
collective bargaining agreement.
``(2) Delegation.--The Secretary may delegate any authority
under this section to the Commissioner.
``(j) Rule of Construction.--Nothing in this section may be
construed to exempt the Secretary or the Director from applicability of
the merit system principles under section 2301.
``(k) Sunset.--The authorities under subsections (b) and (c) shall
terminate on September 30, 2024. Any bonus to be paid pursuant to
subsection (b) that is approved before such date may continue until
such bonus has been paid, subject to the conditions specified in this
section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 5, United States Code, is amended by adding at the
end the following new item:
``9702. U.S. Customs and Border Protection temporary employment
authorities.''.
SEC. 404. STUDY ON EFFICACY OF CERTAIN PERSONNEL SCREENING METHODS FOR
U.S. CUSTOMS AND BORDER PROTECTION USE.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall enter
into an agreement with the National Academy of Sciences to conduct a
study on the efficacy of certain personnel screening methods for U.S.
Customs and Border Protection use. Such study shall include the
following:
(1) A review of the appropriateness of the use of polygraph
examinations in determining candidate suitability during the
U.S. Customs and Border Protection hiring process.
(2) A cost-benefit analysis of using polygraph examinations
for candidate suitability during the U.S. Customs and Border
Protection hiring process.
(3) A review of research related to alternatives to
polygraph examinations appropriate for use during the U.S.
Customs and Border Protection hiring process.
(b) Matters Included.--The study required under subsection (a)
shall--
(1) assess prior scientific, academic, and government
literature on the topics described in such subsection;
(2) identify and examine assumptions about polygraph
examinations that underlie the polygraph mandate under the
Anti-Border Corruption Act of 2010 (Public Law 111-376); and
(3) provide specific recommendations related to--
(A) the future use of such polygraph examinations,
including a consideration of whether such polygraph
mandate aligns with current scientific evidence and
offers a reliable indication of future susceptibility
to corruption; and
(B) the appropriate alternative mechanisms or
technology, including private sector tools, that could
be used during the U.S. Customs and Border Protection
hiring process to pre-screen for susceptibility to
corruption; and
(4) provide any other recommendations the Secretary of
Homeland Secretary determines relevant.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Homeland Security shall
submit to the appropriate congressional committees the study required
under subsection (a).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(2) Polygraph examinations.--The term ``polygraph
examinations'' means polygraph examinations conducted in
accordance with section 3(1) of the Anti-Border Corruption Act
of 2010.
SEC. 405. HIRING FLEXIBILITY.
Section 3 of the Anti-Border Corruption Act of 2010 (Public Law
111-376; 6 U.S.C. 221) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1) in the
following circumstances:
``(1) In the case of a current, full-time law enforcement
officer employed by a State or local law enforcement agency, if
such officer--
``(A) has served as a law enforcement officer for
not fewer than three years with no break in service;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination, described in
subsection (c), as a condition of employment with such
officer's current law enforcement agency.
``(2) In the case of a current, full-time law enforcement
officer employed by a Federal law enforcement agency, if such
officer--
``(A) has served as a law enforcement officer for
not fewer than three years with no break in service;
``(B) has authority to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current background investigation to
the level required for service as a law enforcement
officer with U.S. Customs and Border Protection.
``(3) In the case of an individual who is a member of the
Armed Forces (or a reserve component thereof) or a veteran, if
such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds or has undergone and passed a
background investigation to the level required for
service as a law enforcement officer with U.S. Customs
and Border Protection;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Certain Polygraph Examination.--A polygraph examination
described in this subsection is a polygraph examination that satisfies
requirements established by the Secretary of Homeland Security, in
consultation with the Director of National Intelligence.
``(d) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is five
years after the date of the enactment of the Anti-Border Corruption
Reauthorization Act of 2019.''.
SEC. 406. SUPPLEMENTAL COMMISSIONER AUTHORITY AND DEFINITIONS.
(a) Supplemental Commissioner Authority.--Section 4 of the Anti-
Border Corruption Act of 2010 (Public Law 111-376) is amended to read
as follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-Exemption.--An individual who receives a waiver under
subsection (b) of section 3 shall not be exempt from other hiring
requirements relating to suitability for employment and eligibility to
hold a national security designated position, as determined by the
Commissioner of U.S. Customs and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under subsection (b) of section 3 who holds a current background
investigation may be subject to further background investigation to the
level required for service as a law enforcement officer with U.S.
Customs and Border Protection.
``(c) Continuous Evaluation.--Any individual who receives a waiver
under subsection (b) of section 3 shall not be exempt from any
requirement relating to continuous evaluation established by the
Commissioner of U.S. Customs and Border Protection.
``(d) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under subsection (b) of section 3 if information
is discovered prior to the completion of a background investigation
that results in a determination that a polygraph examination is
necessary to make a final determination regarding suitability for
employment or continued employment, as the case may be.''.
(b) Report.--The Anti-Border Corruption Act of 2010 is amended by
adding at the end the following new section:
``SEC. 5. REPORTING.
``Not later than one year after the date of the enactment of this
section and every year for the next four years thereafter, the
Commissioner of U.S. Customs and Border Protection shall provide the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
information on the number, disaggregated with respect to each of
paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers
requested, granted, and denied, and the reasons for any such denial,
and the final outcome of the application for employment at issue. Such
information shall also include the number of instances a polygraph
examination was administered under the conditions described in
subsection (d) of section 4, the result of such examination, and the
final outcome of the application for employment at issue.''.
(c) Definitions.--The Anti-Border Corruption Act of 2010, as
amended by subsection (b) of this section, is further amended by adding
at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Law enforcement officer.--The term `law enforcement
officer' has the meaning given such term in sections 8331(20)
and 8401(17) of title 5, United States Code.
``(2) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.
``(3) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.''.
SEC. 407. TECHNICAL AND CONFORMING AMENDMENT.
Paragraph (15) of section 411(c) of the Homeland Security Act of
2002 (6 U.S.C. 211(c)) is amended by striking ``section 3(1)'' and
inserting ``section 3''.
SEC. 408. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary of
Homeland Security.
(2) Consultation.--
(A) Requirement to consult.--The Secretary of
Homeland Security and the Administrator of General
Services shall consult with the Secretary of State, the
Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Transportation, and
appropriate representatives of State and local
governments, Tribes, and property owners in the United
States prior to determining a location for any new port
of entry constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of constructing a new
port of entry on the environment, culture, commerce,
and quality of life of the communities and residents
located near such new port.
(b) Expansion and Modernization of High-Priority Southern Border
Ports of Entry.--Not later than September 30, 2025, the Administrator
of General Services, subject to section 3307 of title 40, United States
Code, and in coordination with the Secretary of Homeland Security,
shall expand or modernize high-priority ports of entry on the southern
border, as determined by the Secretary and identified in section 430,
for the purposes of reducing wait times and enhancing security.
(c) Port of Entry Prioritization.--Prior to constructing any new
ports of entry pursuant to subsection (a), the Administrator of General
Services shall complete the expansion and modernization of ports of
entry pursuant to subsection (b) to the extent practicable.
(d) Notifications.--
(1) Relating to new ports of entry.--Not later than 15 days
after determining the location of any new port of entry for
construction pursuant to subsection (a), the Secretary of
Homeland Security and the Administrator of General Services
shall jointly notify the Members of Congress who represent the
State or congressional district in which such new port of entry
will be located, as well as the Committee on Homeland Security
and Governmental Affairs, the Committee on Finance, the
Committee on Commerce, Science, and Transportation, and the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security, the Committee on Ways and Means, the
Committee on Transportation and Infrastructure, and the
Committee on the Judiciary of the House of Representatives.
Such notification shall include information relating to the
location of such new port of entry, a description of the need
for such new port of entry and associated anticipated benefits,
a description of the consultations undertaken by the Secretary
and the Administrator pursuant to paragraph (2) of such
subsection, any actions that will be taken to minimize negative
impacts of such new port of entry, and the anticipated time-
line for construction and completion of such new port of entry.
(2) Relating to expansion and modernization of ports of
entry.--Not later than 180 days after enactment of this Act,
the Secretary of Homeland Security and the Administrator of
General Services shall jointly notify the Committee on Homeland
Security and Governmental Affairs, the Committee on Finance,
the Committee on Commerce, Science, and Transportation, and the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security, the Committee on Ways and Means, the
Committee on Transportation and Infrastructure, and the
Committee on the Judiciary of the House of Representatives of
the ports of entry on the southern border that are the subject
of expansion or modernization pursuant to subsection (b) and
the Secretary's and Administrator's plan for expanding or
modernizing each such port of entry.
(e) Savings Provision.--Nothing in this section may be construed
to--
(1) create or negate any right of action for a State, local
government, or other person or entity affected by this section;
(2) delay the transfer of the possession of property to the
United States or affect the validity of any property
acquisitions by purchase or eminent domain, or to otherwise
affect the eminent domain laws of the United States or of any
State; or
(3) create any right or liability for any party.
(f) Rule of Construction.--Nothing in this section may be construed
as providing the Secretary of Homeland Security new authority related
to the construction, acquisition, or renovation of real property.
SEC. 409. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.
(a) Secure Communications.--The Commissioner of U.S. Customs and
Border Protection shall ensure that each U.S. Customs and Border
Protection officer or agent, if appropriate, is equipped with a secure
radio or other two-way communication device, supported by system
interoperability, that allows each such officer to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2023, the
Commissioner of U.S. Customs and Border Protection shall fully
implement the Border Security Deployment Program of U.S.
Customs and Border Protection and expand the integrated
surveillance and intrusion detection system at land ports of
entry along the southern border and the northern border.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000 for
fiscal years 2021 and 2022 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall upgrade all existing license plate
readers in need of upgrade, as determined by the Commissioner,
on the northern and southern borders on incoming and outgoing
vehicle lanes.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2021 through 2022 to carry out paragraph (1).
(d) Biometric Entry-Exit.--
(1) In general.--Subtitle B of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by
adding at the end the following new section:
``SEC. 420. BIOMETRIC ENTRY-EXIT.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate an implementation plan to establish a biometric exit
data system to complete the integrated biometric entry and exit
data system required under section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department that takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(C) a consideration of training programs
necessary to establish such a system that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(D) a consideration of how such a system will
affect arrival and departure wait times that takes into
account prior reports on such matter issued by the
Government Accountability Office and the Department;
``(E) a consideration of audit capability for
systems procured in partnership with the private sector
to achieve biometric exit;
``(F) information received after consultation with
private sector stakeholders, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(G) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this section may be impacted by, or incorporated
into, such a system;
``(H) defined metrics of success and milestones;
``(I) identified risks and mitigation strategies to
address such risks;
``(J) a consideration of how other countries have
implemented a biometric exit data system;
``(K) a consideration of stakeholder privacy
concerns; and
``(L) a list of statutory, regulatory, or
administrative authorities, if any, needed to integrate
such a system into the operations of the Transportation
Security Administration; and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at the--
``(A) 15 United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data;
``(B) 10 United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
``(C) 15 United States land ports of entry that
support the highest volume of vehicle, pedestrian, and
cargo crossings, as determined by available Federal
border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry.--Not later than
six months after the date of the enactment of this section, the
Secretary, in collaboration with industry stakeholders, shall
establish a six-month pilot program to test the biometric exit
data system referred to in subsection (a)(2) on non-pedestrian
outbound traffic at not fewer than three land ports of entry
with significant cross-border traffic, including at not fewer
than two land ports of entry on the southern land border and at
least one land port of entry on the northern land border. Such
pilot program may include a consideration of more than one
biometric mode, and shall be implemented to determine the
following:
``(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
``(B) The infrastructure required to carry out
subparagraph (A).
``(C) The effects of such pilot program on
legitimate travel and trade.
``(D) The effects of such pilot program on wait
times, including processing times, for such non-
pedestrian traffic.
``(E) The effects of such pilot program on
combating terrorism.
``(F) The effects of such pilot program on
identifying visa holders who violate the terms of their
visas.
``(2) At land ports of entry.--
``(A) In general.--Not later than five years after
the date of the enactment of this section, the
Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all land ports of
entry.
``(B) Extension.--The Secretary may extend for a
single two-year period the date specified in
subparagraph (A) if the Secretary certifies to the
Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate and
the Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives that the
15 land ports of entry that support the highest volume
of passenger vehicles, as determined by available
Federal data, do not have the physical infrastructure
or characteristics to install the systems necessary to
implement a biometric exit data system. Such extension
shall apply only in the case of non-pedestrian outbound
traffic at such land ports of entry.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand the biometric exit data system referred
to in subsection (a)(2) to all air and sea ports of entry.
``(c) Effects on Air, Sea, and Land Transportation.--The Secretary,
in consultation with appropriate private sector stakeholders, shall
ensure that the collection of biometric data under this section causes
the least possible disruption to the movement of people or cargo in
air, sea, or land transportation, while fulfilling the goals of
improving counterterrorism efforts and identifying visa holders who
violate the terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the enactment of
this section, terminate the proceeding entitled `Collection of Alien
Biometric Data Upon Exit From the United States at Air and Sea Ports of
Departure; United States Visitor and Immigrant Status Indicator
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed.
Reg. 22065).
``(e) Data-Matching.--The biometric exit data system established
under this section shall--
``(1) match biometric information for an individual,
regardless of nationality, citizenship, or immigration status,
who is departing the United States against biometric data
previously provided to the United States Government by such
individual for the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant to
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected
terrorists; and
``(B) identify visa holders who violate the terms
of their visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system
established under this section shall include a requirement for
the collection of biometric exit data at the time of departure
for all categories of individuals who are required by the
Secretary to provide biometric entry data.
``(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual who exits
and then enters the United States on a passenger vessel (as
such term is defined in section 2101 of title 46, United States
Code) the itinerary of which originates and terminates in the
United States.
``(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or Canadian
citizen who exits the United States through a land port of
entry.
``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of
collecting or administering the biometric exit data system established
under this section, except through a mutual agreement.
``(h) Multi-Modal Collection.--In carrying out subsections (a)(1)
and (b), the Secretary shall make every effort to collect biometric
data using multiple modes of biometrics.
``(i) Facilities.--All facilities at which the biometric exit data
system established under this section is implemented shall provide and
maintain space for Federal use that is adequate to support biometric
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained
at no cost to the Government. For all facilities at land ports of
entry, such space requirements shall be coordinated with the
Administrator of General Services.
``(j) Northern Land Border.--In the case of the northern land
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and
(b)(4) may be achieved through the sharing of biometric data provided
to the Department by the Canadian Border Services Agency pursuant to
the 2011 Beyond the Border agreement.
``(k) Full and Open Competition.--The Secretary shall procure goods
and services to implement this section through full and open
competition in accordance with the Federal Acquisition Regulations.
``(l) Other Biometric Initiatives.--Nothing in this section may be
construed as limiting the authority of the Secretary to collect
biometric information in circumstances other than as specified in this
section.
``(m) Congressional Review.--Not later than 90 days after the date
of the enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on the Judiciary of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee on the
Judiciary of the House of Representatives reports and recommendations
regarding the Science and Technology Directorate's Air Entry and Exit
Re-Engineering Program of the Department and the U.S. Customs and
Border Protection entry and exit mobility program demonstrations.
``(n) Savings Clause.--Nothing in this section may prohibit the
collection of user fees permitted by section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
(2) Authorization of appropriations.--There is authorized
to be appropriated $50,000,000 for each of fiscal years 2021
and 2022 to carry out section 420 of the Homeland Security Act
of 2002, as added by this subsection.
(e) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 419 the following new item:
``Sec. 420. Biometric entry-exit.''.
SEC. 410. PHYSICAL BARRIERS ALONG THE SOUTHWEST BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to design, test, construct, install,
deploy, integrate, and operate physical barriers, tactical
infrastructure, and technology in the vicinity of the United States
border to achieve situational awareness and operational control of the
border and deter, impede, and detect illegal activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)''
and inserting ``this section'';
(II) by striking ``roads, lighting,
cameras, and sensors'' and inserting
``tactical infrastructure, and
technology''; and
(III) by striking ``gain''
inserting ``achieve situational
awareness and'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--
``(i) In general.--Not later than September
30, 2023, the Secretary of Homeland Security,
in carrying out this section, shall deploy
along the United States border the most
practical and effective physical barriers and
tactical infrastructure available for achieving
situational awareness and operational control
of the border.
``(ii) Consideration for certain physical
barriers and tactical infrastructure.--The
deployment of physical barriers and tactical
infrastructure under this subparagraph shall
not apply in any area or region along the
border where natural terrain features, natural
barriers, or the remoteness of such area or
region would make any such deployment
ineffective, as determined by the Secretary,
for the purposes of achieving situational
awareness or operational control of such area
or region.'';
(iii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall consult with the Secretary of the
Interior, the Secretary of Agriculture,
appropriate representatives of Federal, State,
local, and tribal governments, and appropriate
private property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer of the
possession of property to the United
States or affect the validity of any
property acquisition by purchase or
eminent domain, or to otherwise affect
the eminent domain laws of the United
States or of any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical barriers,
tactical infrastructure, or technology, as the case may be,
that the Secretary determines, in the Secretary's sole
discretion, are necessary to maximize the safety and
effectiveness of officers or agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary, in the
Secretary's sole discretion, determines necessary to ensure the
expeditious design, testing, construction, installation,
deployment, integration, and operation of the physical
barriers, tactical infrastructure, and technology under this
section. Such waiver authority shall also apply with respect to
any maintenance carried out on such physical barriers, tactical
infrastructure, or technology. Any such decision by the
Secretary shall be effective upon publication in the Federal
Register.''; and
(4) by adding after subsection (d) the following new
subsections:
``(e) Technology.--Not later than September 30, 2023, the Secretary
of Homeland Security, in carrying out this section, shall deploy along
the United States border the most practical and effective technology
available for achieving situational awareness and operational control
of the border.
``(f) Definitions.--In this section:
``(1) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(2) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border wall system, and levee
walls.
``(3) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
``(4) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(5) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) border tunnel detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aerial vehicles.
``(H) Other border detection, communications, and
surveillance technology.
``(6) Unmanned aerial vehicles.--The term `unmanned aerial
vehicle' has the meaning given the term `unmanned aircraft' in
section 44801 of the FAA Modernization and Reform Act of 2018
(Public Law 115-254; 49 U.S.C. 40101 note).''.
SEC. 411. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Increased Flight Hours.--The Secretary of Homeland Security
shall ensure that not fewer than 95,000 annual flight hours are carried
out by Air and Marine Operations of U.S. Customs and Border Protection.
(b) Unmanned Aerial System.--The Secretary of Homeland Security,
after coordination with the Administrator of the Federal Aviation
Administration, shall ensure that Air and Marine Operations operate
unmanned aerial systems on the southern border of the United States for
not less than 24 hours per day for 5 days per week.
(c) Contract Air Support Authorization.--The Commissioner of U.S.
Customs and Border Protection may contract for the unfulfilled
identified air support mission critical hours, as identified by the
Chief of the U.S. Border Patrol.
(d) Primary Mission.--The Commissioner of U.S. Customs and Border
Protection shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support U.S. Border Patrol activities along the
southern border of the United States and Joint Interagency Task
Force South operations in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
established by the Commissioner to carry out the requirements
under this Act.
(e) High-Demand Flight Hour Requirements.--In accordance with
subsection (d), the Commissioner of U.S. Customs and Border Protection
shall ensure that U.S. Border Patrol Sector Chiefs--
(1) identify critical flight hour requirements; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(f) Small Unmanned Aerial Vehicles.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent for U.S. Customs and Border Protection's
use of small unmanned aerial vehicles for the purpose of
meeting the U.S. Border Patrol's unmet flight hour operational
requirements and to achieve situational awareness and
operational control.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall--
(A) coordinate flight operations with the
Administrator of the Federal Aviation Administration to
ensure the safe and efficient operation of the National
Airspace System; and
(B) coordinate with the Executive Assistant
Commissioner for Air and Marine Operations of U.S.
Customs and Border Protection to ensure the safety of
other U.S. Customs and Border Protection aircraft
flying in the vicinity of small unmanned aerial
vehicles operated by the U.S. Border Patrol.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aerial vehicle
requirements pursuant to section 410(f) of the DHS
Authorization Act of 2020; and''.
(g) Saving Clause.--Nothing in this section shall confer, transfer,
or delegate to the Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations of U.S. Customs and Border
Protection, or the Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration relating to the use of airspace or aviation
safety.
SEC. 412. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.
(a) Duties.--Subsection (c) of section 411 of the Homeland Security
Act of 2002 (6 U.S.C. 211), as amended by this title, is further
amended--
(1) in paragraph (20), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (21) as paragraph (23); and
(3) by inserting after paragraph (20) the following new
paragraphs:
``(21) administer the U.S. Customs and Border Protection
public private partnerships under subtitle G;
``(22) administer preclearance operations under the
Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et seq.;
enacted as subtitle B of title VIII of the Trade Facilitation
and Trade Enforcement Act of 2015; 19 U.S.C. 4301 et seq.);
and''.
(b) Office of Field Operations Staffing.--Subparagraph (A) of
section 411(g)(5) of the Homeland Security Act of 2002 (6 U.S.C.
211(g)(5)) is amended by inserting before the period at the end the
following: ``compared to the number indicated by the current fiscal
year work flow staffing model''.
(c) Implementation Plan.--Subparagraph (B) of section 814(e)(1) of
the Preclearance Authorization Act of 2015 (19 U.S.C. 4433(e)(1);
enacted as subtitle B of title VIII of the Trade Facilitation and Trade
Enforcement Act of 2015; 19 U.S.C. 4301 et seq.) is amended to read as
follows:
``(B) a port of entry vacancy rate which compares
the number of officers identified in subparagraph (A)
with the number of officers at the port at which such
officer is currently assigned.''.
(d) Definition.--Subsection (r) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended--
(1) by striking ``this section, the terms'' and inserting
the following: ``this section:
``(1) the terms'';
(2) in paragraph (1), as added by subparagraph (A), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(2) the term `unmanned aerial systems' has the meaning
given the term `unmanned aircraft system' in section 44801 of
the FAA Modernization and Reform Act of 2018 (Public Law 115-
254; 49 U.S.C. 40101 note).''.
SEC. 413. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER PROTECTION.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 420A. CONTINUOUS SCREENING.
``The Commissioner of U.S. Customs and Border Protection shall, in
a risk based manner, continuously screen individuals issued any visa,
and individuals who are nationals of a program country pursuant to
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), who
are present, or are expected to arrive within 30 days, in the United
States, against the appropriate criminal, national security, and
terrorism databases maintained by the Federal Government.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 420, as added by this title, the following new
item:
``Sec. 420A. Continuous screening.''.
SEC. 414. CUSTOMS TRADE PARTNERSHIP AGAINST TERRORISM.
(a) In General.--Subtitle B of title II of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.) is
amended to read as follows:
``Subtitle B--Customs Trade Partnership Against Terrorism
``SEC. 211. ESTABLISHMENT OF THE CUSTOMS TRADE PARTNERSHIP AGAINST
TERRORISM PROGRAM.
``(a) In General.--There is established within U.S. Customs and
Border Protection a voluntary government-private sector partnership
program to be known as the Customs Trade Partnership Against Terrorism
(CTPAT).
``(b) Purpose.--The purposes of the CTPAT program are to--
``(1) strengthen and improve the overall security of the
international supply chain and United States border security;
``(2) facilitate the movement of secure cargo through the
international supply chain;
``(3) ensure compliance with applicable law; and
``(4) serve as the Authorized Economic Operator program for
the United States.
``(c) Director.--There shall be at the head of the CTPAT program a
Director, who shall report to the Executive Assistant Commissioner of
the Office of Field Operations (in this subtitle referred to as the
`Executive Assistant Commissioner') of U.S. Customs and Border
Protection.
``(d) Duties.--The Director of the CTPAT program shall--
``(1) oversee the activities of the CTPAT program,
including certification of CTPAT participants;
``(2) evaluate and make revisions to security criteria
pursuant to subsections (c) and (d) of section 213;
``(3) ensure that participants receive a tangible and
measurable benefit for participation; and
``(4) carry out other duties and powers prescribed by the
Executive Assistant Commissioner.
``SEC. 212. ELIGIBLE ENTITIES AND NOTICE OF BENEFITS.
``(a) Eligible Entities.--
``(1) In general.--Importers, exporters, customs brokers,
forwarders, air, sea, and land carriers, contract logistics
providers, and other entities in the international supply chain
and intermodal transportation system are eligible to apply for
participation in the CTPAT program.
``(2) Expansion.--The Commissioner may expand the list of
entities eligible to apply for CTPAT participation only in
accordance with the purpose of the CTPAT program.
``(b) Tiered Participation.--
``(1) In general.--Applicants specified in subsection (a)
may be eligible to participate as Tier 1 or Tier 2
participants.
``(2) Importers.--Importers may be eligible to participate
as Tier 3 participants.
``(3) Extension.--The Commissioner may extend Tier 3
participation to other entity types, if appropriate, and to
specific Tier 2 CTPAT program participants in accordance with
section 217(b).
``(c) Notice of Benefits.--
``(1) In general.--The Commissioner shall publish, on the
U.S. Customs and Border Protection website and through other
appropriate online publication, information about benefits
available under each tier of the CTPAT program.
``(2) Changes.--The Commissioner shall publish, on the U.S.
Customs and Border Protection website and through other
appropriate online publication, notice of any changes to
benefits available under each tier of the CTPAT program not
later than 30 days before any such changes take effect.
``SEC. 213. PARTICIPATION ELIGIBILITY.
``(a) In General.--The Executive Assistant Commissioner shall
review all documentation submitted by an applicant pursuant to
subsection (b)(2), conduct a background investigation of such
applicant, and vet such applicant.
``(b) General Requirements.--To be eligible for participation in
the CTPAT program, an entity shall, at a minimum--
``(1) have a designated company employee authorized to bind
such entity who is a direct company employee and will serve as
the primary point of contact responsible for participation of
such entity in the CTPAT program;
``(2) at the time of initial application and annually
thereafter, including in advance of any recertification or
revalidation, submit an international supply chain security
profile, which shall identify how such entity meets the minimum
security criteria of the CTPAT program established by the
Commissioner and how such entity will maintain and enhance
internal policies, procedures, and practices related to
international supply chain security; and
``(3) meet any specific requirements for eligible entities,
as established by the Commissioner.
``(c) Minimum Security Criteria.--The Commissioner shall establish
minimum security criteria for participants in the CTPAT program, review
such minimum security criteria not less than once every two years, and
update such minimum security criteria as necessary. Such minimum
security criteria shall seek to address security vulnerabilities in the
international supply chain.
``(d) Additional and Updated Criteria.--The Commissioner may
establish additional and updated security criteria for individual CTPAT
program participants, categories of CTPAT program participants, or
particular entity types to meet in order to address a security
vulnerability in the international supply chain.
``(e) Consultation.--When establishing or updating security
criteria in accordance with subsection (c), and when establishing new
or updated security criteria in accordance subsection (d), the
Commissioner shall consult with CTPAT program participants and other
interested parties, and shall--
``(1) conduct a cost benefit analysis of such proposed new
or updated security criteria, as the case may be, in
consultation with the Commercial Customs Operations Advisory
Committee established under section 109 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
125; 19 U.S.C. 4316);
``(2) determine operational feasibility and, where
appropriate, provide best practices for meeting such new or
updated security criteria to CTPAT program participants
specific to their entity type;
``(3) conduct a phased implementation of such proposed new
or updated security criteria; and
``(4) provide CTPAT program participants and other
interested parties a 90-day comment period to review and
comment on such proposed new or updated security criteria.
``(f) Waiver.--The Commissioner may waive the requirements of
subsection (e) if the Commissioner determines there is a significant
and imminent risk to the national security of the United States and
such a waiver is necessary to protect such national security. Not later
than 120 days after the issuance of any such waiver, the Commissioner
shall announce on the U.S. Customs and Border Protection website and
through other appropriate online publication the Commissioner's intent
to either withdraw such waiver or maintain such waiver while commencing
efforts to establish new or updated security criteria in accordance
with subsection (c) or (d), respectively.
``SEC. 214. BENEFITS FOR CTPAT PROGRAM PARTICIPANTS.
``(a) In General.--The Executive Assistant Commissioner shall
extend certain benefits to each CTPAT program participant. Minimum
benefits for each such participant shall include the following:
``(1) Assignment of a U.S. Customs and Border Protection
Supply Chain Security Specialist.
``(2) Access to the CTPAT program's web-based Portal
system, training materials, and a mechanism by which to verify
other CTPAT program participants' CTPAT status.
``(3) Timely supply chain threat alerts categorized by
CTPAT program participant entity type, and an annual and
unclassified update made available in such web-based Portal
system regarding regional and other relevant threats to the
international supply chain.
``(b) Annual Assessment.--
``(1) In general.--The Executive Assistant Commissioner
shall conduct, on an annual basis, an assessment of the
benefits conferred to CTPAT program participants by tier and
entity type. The Executive Assistant Commissioner shall
determine a process to carry out such assessments, including
projected milestones and completion dates for addressing data
reliability issues and, as necessary, correcting data
weaknesses, in order that U.S. Customs and Border Protection
can produce accurate and reliable annual assessments that can
be compared year-to-year.
``(2) Elements.--Each annual assessment conducted pursuant
to paragraph (1) shall at a minimum include the following:
``(A) The average reduced security exam rate by
CTPAT program participant tier and entity type.
``(B) The average reduction in penalties for CTPAT
program participants by tier and entity type.
``(C) The average reduction in risk assessment for
CTPAT program participants by tier and entity type.
``(3) Public availability.--The Executive Assistant
Commissioner shall make each annual assessment publicly
available on the CTPAT portal for at least one year.
``(c) Consultation.--When assessing benefits in accordance with
subsection (b), the Executive Assistant Commissioner shall consult with
the Commercial Customs Operations Advisory Committee established under
section 109 of the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125; 19 U.S.C. 4316) and the National Maritime Security
Advisory Committee established under section 70112 of title 46, United
States Code.
``SEC. 215. TIER 1 PARTICIPANTS.
``(a) Certification.--The Executive Assistant Commissioner shall
certify the security measures and international supply chain security
practices of all applicants to and participants in the CTPAT program in
accordance with section 213(b)(2) and the guidelines referred to in
subsection (c) of this section. Certified participants shall be Tier 1
participants.
``(b) Benefits for Tier 1 Participants.--Upon completion of the
certification under subsection (a), a CTPAT program participant shall
be certified as a Tier 1 participant. The Executive Assistant
Commissioner shall extend limited benefits to a Tier 1 participant.
``(c) Criteria.--Not later than 180 days after the date of the
enactment of this subtitle, the Commissioner shall update the criteria
for certifying a CTPAT program participant's security measures and
supply chain security practices under this section. Such criteria shall
include a background investigation and review of appropriate
documentation, as determined by the Commissioner.
``(d) Timeframe.--To the extent practicable, the Executive
Assistant Commissioner shall conclude the Tier 1 certification process
within 90 days of receipt of a completed application for participation
in the CTPAT program.
``SEC. 216. TIER 2 PARTICIPANTS.
``(a) Validation.--The Executive Assistant Commissioner shall
validate the security measures and international supply chain security
practices of a Tier 1 CTPAT program participant in accordance with the
guidelines referred to in subsection (c) to validate such participant
as a Tier 2 participant. Such validation shall include on-site
assessments at appropriate foreign and domestic locations utilized by
such Tier 1 participant in its international supply chain.
``(b) Benefits for Tier 2 Participants.--The Executive Assistant
Commissioner, shall extend benefits to each CTPAT participant that has
been validated as a Tier 2 participant under this section. Such
benefits may include the following:
``(1) Reduced scores in U.S. Customs and Border
Protection's Automated Targeting System or successor system.
``(2) Reduced number of security examinations by U.S.
Customs and Border Protection.
``(3) Penalty mitigation opportunities.
``(4) Priority examinations of cargo.
``(5) Access to the Free and Secure Trade (FAST) Lanes at
United States ports of entry.
``(6) Confirmation of CTPAT status to foreign customs
administrations that have signed Mutual Recognition
Arrangements with U.S. Customs and Border Protection.
``(7) In the case of importers, eligibility to participate
in the Importer Self-Assessment Program (ISA) or successor
compliance program.
``(8) In the case of sea carriers, eligibility to
participate in the Advance Qualified Unlading Approval (AQUA)
Lane process.
``(c) Criteria.--Not later than 180 days after the date of the
enactment of this subtitle, the Commissioner shall develop a schedule
and update the criteria for validating a CTPAT participant's security
measures and supply chain security practices under this section.
``(d) Timeframe.--To the extent practicable, the Executive
Assistant Commissioner shall complete the Tier 2 validation process for
a CTPAT program participant under this section within one year after
certification of such participant as a Tier 1 participant.
``SEC. 217. TIER 3 PARTICIPANTS.
``(a) In General.--The Commissioner shall establish a third tier of
CTPAT program participation that offers additional benefits to CTPAT
program participants that are importers or other entity types, in
accordance with section 212(b), that demonstrate a sustained commitment
to maintaining security measures and international supply chain
security practices that exceed the guidelines established for
validation as a Tier 2 participant in the CTPAT program under section
216.
``(b) Best Practices.--The Commissioner shall provide a best
practices framework to Tier 2 participants interested in Tier 3 status
and may designate a Tier 2 CTPAT program participant as a Tier 3
participant based on a review of best practices in such participant's
international supply chain that reflect a continued approach to
enhanced international supply chain security, including--
``(1) compliance with any new or updated criteria
established by the Commissioner under section 213(d) that
exceed the guidelines established pursuant to section 216 for
validating a CTPAT program participant as a Tier 2 participant;
and
``(2) any other factors that the Commissioner determines
appropriate that are provided in such best practices framework.
``(c) Benefits for Tier 3 Participants.--The Executive Assistant
Commissioner shall extend benefits to each CTPAT program participant
that has been validated as a Tier 3 participant under this section,
which, in addition to benefits for Tier 2 participation, may include
the following:
``(1) Further reduction in the number of examinations by
U.S. Customs and Border Protection.
``(2) Front of the line inspections and examinations.
``(3) Exemption from Stratified Exams.
``(4) Shorter wait times at United States ports of entry.
``SEC. 218. CONSEQUENCES FOR LACK OF COMPLIANCE.
``(a) In General.--If at any time the Executive Assistant
Commissioner determines that a CTPAT program participant's security
measures or international supply chain security practices fail to meet
applicable requirements under this subtitle, the Executive Assistant
Commissioner may deny such participant benefits otherwise made
available pursuant to this subtitle, either in whole or in part. The
Executive Assistant Commissioner shall develop procedures, in
consultation with Commercial Customs Operations Advisory Committee
established under section 109 of the Trade Facilitation and Trade
Enforcement Act of 2015 (Public Law 114-125; 19 U.S.C. 4316), that
provide appropriate protections to CTPAT program participants,
including advance notice and an opportunity for such participants to
provide additional information to U.S. Customs and Border Protection
regarding any such alleged failure, before any of such benefits are
withheld. Such procedures may not limit the ability of the Executive
Assistant Commissioner to take actions to protect the national security
of the United States.
``(b) False or Misleading Information; Lack of Compliance With
Law.--If a CTPAT program participant knowingly provides false or
misleading information to the Commissioner, the Executive Assistant
Commissioner, Director, or any other officers or officials of the
United States Government, or if at any time the Executive Assistant
Commissioner determines that a CTPAT program participant has committed
a serious violation of Federal law or customs regulations, or if a
CTPAT program participant has committed a criminal violation relating
to the economic activity of such participant, the Executive Assistant
Commissioner may suspend or remove such participant from the CTPAT
program for an appropriate period of time. The Executive Assistant
Commissioner, after the completion of the process described in
subsection (d), may publish in the Federal Register a list of CTPAT
program participants that have been so removed from the CTPAT program
pursuant to this subsection.
``(c) National Security.--If at any time the Executive Assistant
Commissioner determines that a CTPAT program participant poses a
significant and imminent risk to the national security of the United
States, the Executive Assistant Commissioner may suspend or remove such
participant from the CTPAT program for an appropriate period of time.
The Executive Assistant Commissioner, after the completion of the
process described in subsection (d), may publish in the Federal
Register a list of CTPAT program participants that have been so removed
from the CTPAT program pursuant to this subsection.
``(d) Right of Appeal.--
``(1) In general.--The Commissioner shall establish a
process for a CTPAT program participant to appeal a decision of
the Executive Assistant Commissioner under subsection (a). Such
appeal shall be filed with the Commissioner not later than 90
days after the date of such decision, and the Commissioner
shall issue a determination not later than 90 days after such
appeal is filed.
``(2) Appeals of other decisions.--The Commissioner shall
establish a process for a CTPAT program participant to appeal a
decision of the Executive Assistant Commissioner under
subsections (b) and (c). Such appeal shall be filed with the
Commissioner not later than 30 days after the date of such
decision, and the Commissioner shall issue a determination not
later than 90 days after such appeal is filed.
``SEC. 219. VALIDATIONS BY OTHER DHS COMPONENTS.
``(a) In General.--The Commissioner may recognize regulatory
inspections of entities conducted by other components of the Department
of Homeland Security as sufficient to constitute validation for CTPAT
program participation in cases in which any such component's inspection
regime is harmonized with validation criteria for the CTPAT program.
Such regulatory inspections shall not limit the ability of U.S. Customs
and Border Protection to conduct a CTPAT program validation.
``(b) Revalidation.--Nothing in this section may limit the
Commissioner's ability to require a revalidation by U.S. Customs and
Border Protection.
``(c) Certification.--Nothing in this section may be construed to
authorize certifications of CTPAT applicants to be performed by any
party other than U.S. Customs and Border Protection.
``SEC. 220. RECERTIFICATION AND REVALIDATION.
``(a) Recertification.--The Commissioner shall implement a
recertification process for all CTPAT program participants. Such
process shall occur annually, and shall require--
``(1) a review of the security profile and supporting
documentation to ensure adherence to the minimum security
criteria under section 213; and
``(2) background checks and vetting.
``(b) Revalidation.--The Commissioner shall implement a
revalidation process for all Tier 2 and Tier 3 CTPAT program
participants. Such process shall require--
``(1) a framework based upon objective, risk-based criteria
for identifying participants for periodic revalidation at least
once every four years after the initial validation of such
participants;
``(2) on-site assessments at appropriate foreign and
domestic locations utilized by such a participant in its
international supply chain; and
``(3) an annual plan for revalidation that includes--
``(A) performance measures;
``(B) an assessment of the personnel needed to
perform such revalidations; and
``(C) the number of participants that will be
revalidated during the following year.
``(c) Revalidation Under a Mutual Recognition Arrangement.--
``(1) In general.--Upon request from the Commissioner, all
Tier 2 and Tier 3 CTPAT program participants shall provide any
revalidation report conducted by a foreign government under a
Mutual Recognition Arrangement.
``(2) Recognition.--The Commissioner may recognize
revalidations of entities conducted by foreign governments
under a Mutual Recognition Arrangement as sufficient to
constitute a revalidation for CTPAT program participation under
subsection (b).
``(3) No limitation.--Nothing in this subsection may be
construed to limit the Commissioner's ability to require a
revalidation by U.S. Customs and Border Protection.
``(d) Designated Company Employees.--Only designated company
employees of a CTPAT program participant under section 213(b)(1) are
authorized to respond to a revalidation report. Third-party entities
are not authorized to respond to a revalidation report.
``SEC. 221. NONCONTAINERIZED CARGO AND THIRD-PARTY LOGISTICS PROVIDERS.
``The Commissioner shall consider the potential for participation
in the CTPAT program by importers of noncontainerized cargoes and non-
asset-based third-party logistics providers that otherwise meet the
requirements under this subtitle.
``SEC. 222. PROGRAM MANAGEMENT.
``(a) In General.--The Commissioner shall establish sufficient
internal quality controls and record management, including
recordkeeping (including maintenance of a record management system in
accordance with subsection (b)) and monitoring staff hours, to support
the management systems of the CTPAT program. In managing the CTPAT
program, the Commissioner shall ensure that the CTPAT program includes
the following:
``(1) A five-year plan to identify outcome-based goals and
performance measures of the CTPAT program.
``(2) An annual plan for each fiscal year designed to match
available resources to the projected workload.
``(3) A standardized work program to be used by agency
personnel to carry out the certifications, validations,
recertifications, and revalidations of CTPAT program
participants.
``(4) In accordance with subsection (e), a standardized
process for the Executive Assistant Commissioner to receive
reports of suspicious activity, including reports regarding
potentially compromised cargo or other national security
concerns.
``(b) Documentation of Reviews.--
``(1) In general.--The Commissioner shall maintain a record
management system to document determinations on the reviews of
each CTPAT program participant, including certifications,
validations, recertifications, and revalidations.
``(2) Standardized procedures.--To ensure accuracy and
consistency within the record management system required under
this subsection, the Commissioner shall develop, disseminate,
and require utilization of standardized procedures for agency
personnel carrying out certifications, validations,
recertifications, and revalidations to report and track
information regarding the status of each CTPAT program
participant.
``(c) Confidential Information Safeguards.--In consultation with
the Commercial Customs Operations Advisory Committee established under
section 109 of the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125; 19 U.S.C. 4316), the Commissioner shall develop
and implement procedures to ensure the protection of confidential data
collected, stored, or shared with government agencies or as part of the
application, certification, validation, recertification, and
revalidation processes.
``(d) Resource Management Staffing Plan.--The Commissioner shall--
``(1) develop a staffing plan to recruit and train staff
(including a formalized training program) to meet the
objectives identified in the five-year strategic plan under
subsection (a)(1); and
``(2) provide cross-training in post incident trade
resumption for the CTPAT Director and other relevant personnel
who administer the CTPAT program.
``(e) Engagement.--In carrying out the standardized process
required under subsection (a)(4), the Commissioner shall engage with
and provide guidance to CTPAT program participants and other
appropriate stakeholders on submitting reports described in such
subsection.
``(f) Report to Congress.--In connection with the President's
annual budget submission for the Department of Homeland Security, the
Commissioner shall report to the appropriate congressional committees
on the progress made by the Commissioner to certify, validate,
recertify, and revalidate CTPAT program participants. Each such report
shall be due on the same date that the President's budget is submitted
to Congress.''.
(b) Saving Clause.--
(1) In general.--The amendments made by this Act shall take
effect and apply beginning on the date that is 90 days after
the date of the enactment of this Act with respect to
applicants for participation in the CTPAT program.
(2) Exception.--Paragraph (1) shall not apply in case of
CTPAT program participants who are such participants as of the
date specified in such paragraph. Such participants shall be
subject to the amendments made by this Act upon revalidation of
such participants to participate in such program. Until such
time, such participants shall be subject to the requirements of
the CTPAT program as in existence on the day before the date of
the enactment of this Act.
(c) Technical and Conforming Amendments.--The Security and
Accountability for Every Port Act of 2006 is amended--
(1) in paragraph (4) of section 2 (6 U.S.C. 901), by
striking ``Commissioner responsible for the United States
Customs and Border Protection'' and inserting ``Commissioner of
U.S. Customs and Border Protection''; and
(2) in paragraph (2) of section 202(c) (6 U.S.C. 942(c)),
by striking ``C-TPAT'' and inserting ``CTPAT''.
(d) Clerical Amendments.--The table of contents in section 1(b) of
the Security and Accountability for Every Port Act of 2006 is amended
by striking the items relating to subtitle B of title II and inserting
the following new items:
``Subtitle B--Customs Trade Partnership Against Terrorism
``Sec. 211. Establishment of the Customs Trade Partnership Against
Terrorism program.
``Sec. 212. Eligible entities and notice of benefits.
``Sec. 213. Participation eligibility.
``Sec. 214. Benefits for CTPAT program participants.
``Sec. 215. Tier 1 participants.
``Sec. 216. Tier 2 participants.
``Sec. 217. Tier 3 participants.
``Sec. 218. Consequences for lack of compliance.
``Sec. 219. Validations by other DHS components.
``Sec. 220. Recertification and revalidation.
``Sec. 221. Noncontainerized cargo and third-party logistics providers.
``Sec. 222. Program management.''.
SEC. 415. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT
PORTS OF ENTRY.
(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection (CBP) shall--
(1) implement a strategy to ensure deployed chemical
screening devices are able to identify, in an operational
environment, narcotics at purity levels less than or equal to
10 percent, or provide ports of entry with an alternate method
for identifying narcotics at lower purity levels; and
(2) require testing of any new chemical screening devices
to understand the abilities and limitations of such devices
relating to identifying narcotics at various purity levels
before CBP commits to the acquisition of such devices.
(b) Plan To Ensure Opioid Detection Equipment Resiliency.--Not
later than 180 days after the date of the enactment of this section,
the Secretary of Homeland Security shall implement a plan for the long-
term development of a centralized spectral database for chemical
screening devices. Such plan shall address the following:
(1) How newly identified spectra will be collected, stored,
and distributed to such devices in their operational
environment, including at ports of entry.
(2) Identification of parties responsible for updates and
maintenance of such database.
SEC. 416. AUTHORIZATION OF THE IMMIGRATION ADVISORY PROGRAM.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 420B. IMMIGRATION ADVISORY PROGRAM.
``(a) In General.--There is authorized within U.S. Customs and
Border Protection an immigration advisory program (in this section
referred to as the `program') for United States Customs and Border
Protection officers, pursuant to an agreement with a host country, to
assist air carriers and security employees at foreign airports with
review of traveler information during the processing of flights bound
for the United States.
``(b) Activities.--In carrying out the program, U.S. Customs and
Border Protection officers may--
``(1) be present during processing of flights bound for the
United States;
``(2) assist air carriers and security employees with
document examination and traveler security assessments;
``(3) provide relevant training to air carriers, security
employees, and host-country authorities;
``(4) analyze electronic passenger information and
passenger reservation data to identify potential threats;
``(5) engage air carriers and travelers to confirm
potential terrorist watchlist matches;
``(6) make recommendations to air carriers to deny
potentially inadmissible passengers boarding flights bound for
the United States; and
``(7) conduct other activities to secure flights bound for
the United States, as directed by the Commissioner of United
States Customs and Border Protection.
``(c) Notification to Congress.--Not later than 60 days before an
agreement with the government of a host country pursuant to the program
described in this section enters into force, the Commissioner of U.S.
Customs and Border Protection shall provide the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate with--
``(1) a copy of such agreement, which shall include--
``(A) the identification of the host country with
which United States Customs and Border Protection
intends to enter into such agreement;
``(B) the location at which activities described in
subsection (b) will be conducted pursuant to such
agreement; and
``(C) the terms and conditions for United States
Customs and Border Protection personnel operating at
such location;
``(2) country-specific information on the anticipated
homeland security benefits associated with such agreement;
``(3) an assessment of the impacts such agreement will have
on United States Customs and Border Protection domestic port of
entry staffing;
``(4) information on the anticipated costs over the 5
fiscal years after such agreement enters into force associated
with carrying out such agreement;
``(5) details on information sharing mechanisms to ensure
that United States Customs and Border Protection has current
information to prevent terrorist and criminal travel; and
``(6) other factors that the Commissioner determines
necessary for Congress to comprehensively assess the
appropriateness of carrying out the program.
``(d) Amendment of Existing Agreements.--Not later than 30 days
before a substantially amended program agreement with the government of
a host country in effect as of the date of the enactment of this
section enters into force, the Commissioner of U.S. Customs and Border
Protection shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate--
``(1) a copy of such agreement, as amended; and
``(2) the justification for such amendment.
``(e) Definitions.--In this section, the terms `air carrier' and
`foreign air carrier' have the meanings given such terms in section
40102 of title 49, United States Code.''.
(b) Conforming Amendment.--Subsection (c) of section 411 of the
Homeland Security Act of 2002 (6 U.S.C. 211), as amended by this title,
is further amended--
(1) in paragraph (22), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (23) as paragraph (24); and
(3) by inserting after paragraph (22) the following new
paragraph:
``(23) carry out section 420B, relating to the immigration
advisory program; and''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 420A, as added by this title, the following
new item:
``Sec. 420B. Immigration advisory program.''.
SEC. 417. BORDER SECURITY TECHNOLOGY ACCOUNTABILITY.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is meeting cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for meeting program implementation
objectives by managing contractor performance.
``(b) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(c) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the appropriate congressional committees a plan for
testing, evaluating, and using independent verification and validation
resources for border security technology. Under the plan, new border
security technologies shall be evaluated through a series of
assessments, processes, and audits to ensure compliance with relevant
departmental acquisition policies and the Federal Acquisition
Regulation, as well as the effectiveness of taxpayer dollars.
``(d) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means a Department acquisition program that
is estimated by the Secretary to require an eventual total expenditure
of at least $300,000,000 (based on fiscal year 2021 constant dollars)
over its life cycle cost.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by striking the items relating to
sections 435 and 436 and inserting after the item relating to section
434 the following new items:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437. Border security technology program management.''.
SEC. 418. ESTABLISHMENT OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
(a) In General.--Section 442 of the Homeland Security Act of 2002
(6 U.S.C. 252) is amended to read as follows:
``SEC. 442. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.
``(a) Establishment.--There is established within the Department an
agency to be known as U.S. Immigration and Customs Enforcement.
``(b) Director of U.S. Immigration and Customs Enforcement.--There
shall be at the head of U.S. Immigration and Customs Enforcement a
Director of U.S. Immigration and Customs Enforcement (in this section
referred to as the `Director').
``(c) Duties and Qualifications.--The Director shall--
``(1) have a minimum of five years--
``(A) professional experience in law enforcement,
which may include law enforcement as it relates to the
immigration laws, as defined in paragraph (17) of
section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(17)) or the customs and trade laws of
the United States, as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301); and
``(B) management experience;
``(2) in coordination with U.S. Customs and Border
Protection and United States Citizenship and Immigration
Services, enforce and administer immigration laws, as defined
in paragraph (17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)), including the
identification, arrest, detention, and removal of aliens who
may be inadmissible to, or deportable from, the United States;
``(3) have the authority to investigate and, where
appropriate, refer for prosecution, any criminal or civil
violation of Federal law relating to or involving--
``(A) border control and security, including the
prevention of the entry or residence of terrorists,
criminals, and human rights violators;
``(B) the customs and trade laws of the United
States, as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301);
``(C) fraud, false statements, or other violations
on the import or export of merchandise, including the
illicit possession, movement of, or trade in goods,
services, property, arms, instruments of terrorism,
items controlled or prohibited from export, goods made
with forced or indentured labor, intellectual property,
or currency or other monetary instruments;
``(D) bulk cash smuggling or other financial crimes
with a cross-border or international nexus;
``(E) the immigration laws, as defined in paragraph
(17) of section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(F) transnational organized crime;
``(G) chapter 40 or 44 of title 18, United States
Code, or other violation relating to explosives,
firearms, other destructive devices involving an alien;
``(H) severe forms of trafficking in persons, as
defined in section 103 of the Victims of Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7102);
``(I) the production, procurement, counterfeiting,
alteration, or use of fraudulent immigration documents
or fraudulently obtaining immigration benefits;
``(J) unlawful use of personal information, when
such use relates to or affects border security,
terrorism, customs, immigration, naturalization, trade,
or transportation security;
``(K) computer crimes, pursuant to section 1030(d)
of title 18, United States Code, in cooperation, where
required by law, with the United States Secret Service
and the Federal Bureau of Investigation;
``(L) drug laws, as specified in the Controlled
Substances Act and the Controlled Substances Import and
Export Act in the context of cross-border criminal
activity;
``(M) child exploitation, child pornography, or
traveling child sex offenders pursuant to section
890A(b)(2)(A) of the Homeland Security Act of 2002 (6
U.S.C. 473(b)(2)(A)); and
``(N) cyber-enabled crimes pursuant to section
890A(d)(2)(B) of the Homeland Security Act of 2002 (6
U.S.C. 473(d)(2)(B));
``(4) administer the National Intellectual Property Rights
Coordination Center established in section 305 of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
125; 19 U.S.C. 4344);
``(5) jointly with the Commissioner of U.S. Customs and
Border Protection, develop and submit the joint strategic plan
required under section 105 of the Trade Facilitation and Trade
Enforcement Act of 2015 (Public Law 114-125; 19 U.S.C. 4314);
``(6) coordinate, as otherwise permitted by law, with
Federal, State, local, tribal, and foreign agencies in carrying
out the duties set forth in paragraphs (2) and (3);
``(7) in coordination with the Office of International
Affairs of the Department and the Department of State,
establish staff liaison offices and vetted units in foreign
countries to support law enforcement activities that require
international cooperation, including investigations and
repatriation efforts;
``(8) assign employees of the Department to diplomatic and
consular posts, in coordination with the Secretary, pursuant to
section 428(e);
``(9) authorize danger pay allowance for employees of the
Department pursuant to section 5928 of title 5, United States
Code, with the approval of the Secretary of State;
``(10) provide technical assistance and training to trusted
and vetted law enforcement and customs authorities of foreign
countries to enhance the ability of such authorities to enforce
immigration and customs laws;
``(11) establish, maintain, and administer appropriate law
enforcement centers, including the Human Rights Violators and
War Crimes Center and other interagency centers, in accordance
with applicable law, or as prescribed by the Secretary or in
furtherance of the Director's assigned duties;
``(12) administer the Border Enforcement Security Task
Force established under section 432;
``(13) operate the Cyber Crimes Center established in
section 890A;
``(14) in carrying out paragraph (3), administer internal
conspiracy investigations at United States ports of entry; and
``(15) carry out other duties and powers prescribed by law
or delegated by the Secretary.
``(d) General Enforcement Powers.--The Director may authorize
agents and officers of U.S. Immigration and Customs Enforcement to--
``(1) carry out the duties and responsibilities authorized
under section 287 of the Immigration and Nationality Act (8
U.S.C. 1357) and section 589 of the Tariff Act of 1930 (19
U.S.C. 1589a);
``(2) seize any property, whether real or personal, that is
involved in any violation or attempted violation, or which
constitutes proceeds traceable to a violation, of those
provisions of law which U.S. Immigration and Customs
Enforcement is authorized to enforce;
``(3) offer and pay rewards for services and information
regarding the apprehension of persons involved in, or the
seizure and forfeiture of property associated with, the
violation or attempted violation of those provisions of law
which U.S. Immigration and Customs Enforcement is authorized to
enforce;
``(4) issue detainers for purposes of immigration
enforcement pursuant to sections 236, 241, and 287 of the
Immigration and Nationality Act (8 U.S.C. 1226, 1231, and
1357); and
``(5) conduct undercover investigative operations pursuant
to section 294 of the Immigration and Nationality Act (8 U.S.C.
1363a), and section 3131 of the Customs Enforcement Act of 1986
(19 U.S.C. 2081; enacted as part of the Anti-Drug Abuse Act of
1986).
``(e) Deputy Director.--There shall be in U.S. Immigration and
Customs Enforcement a Deputy Director who shall assist the Director in
the management of U.S. Immigration and Customs Enforcement.
``(f) Office of Homeland Security Investigations.--
``(1) In general.--There is established in U.S. Immigration
and Customs Enforcement the Office of Homeland Security
Investigations.
``(2) Executive associate director.--There shall be at the
head of the Office of Homeland Security Investigations an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Homeland Security
Investigations shall--
``(A) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to conduct investigations of terrorist
organizations and other criminal organizations that
threaten the homeland or border security;
``(B) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to conduct investigations of, and, where
appropriate, refer for prosecution, any criminal or
civil violations of Federal law, including--
``(i) financial crimes;
``(ii) money laundering and bulk cash
smuggling;
``(iii) commercial fraud and intellectual
property theft;
``(iv) cyber-enabled crimes pursuant to
section 890A(d)(2)(B) of the Homeland Security
Act of 2002 (6 U.S.C. 473(d)(2)(B));
``(v) human smuggling, human trafficking,
and human rights violations;
``(vi) narcotics and weapons smuggling and
trafficking;
``(vii) transnational gang activity;
``(viii) export violations;
``(ix) international art and antiquity
theft;
``(x) identity and benefit fraud;
``(xi) unlawful employment of unauthorized
aliens;
``(xii) child exploitation, child
pornography, and traveling child sex offenders
pursuant to section 890A(b)(2)(A) of the
Homeland Security Act of 2002 (6 U.S.C.
473(b)(2)(A));
``(xiii) computer crimes pursuant to
section 1030(d) of title 18, United States
Code, in cooperation, where required by law,
with the United States Secret Service and the
Federal Bureau of Investigation; and
``(xiv) any other criminal or civil
violation prescribed by law or delegated by the
Director;
``(C) administer the program to collect information
relating to nonimmigrant foreign students and exchange
visitor program participants described in section 641
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372), including
the Student and Exchange Visitor Information System
established under such section, and use such
information to carry out the enforcement functions of
U.S. Immigration and Customs Enforcement; and
``(D) carry out other duties and powers prescribed
by the Director.
``(g) Office of Enforcement and Removal Operations.--
``(1) In general.--There is established in U.S. Immigration
and Customs Enforcement the Office of Enforcement and Removal
Operations.
``(2) Executive associate director.--There shall be at the
head of the Office of Enforcement and Removal Operations an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Enforcement and Removal
Operations shall--
``(A) serve as the law enforcement office of U.S.
Immigration and Customs Enforcement with primary
responsibility to enforce the civil immigration and
nationality laws of the United States, except to the
extent that any other agency of the Federal Government
has the responsibility or authority for so doing;
``(B) identify, locate, detain, and arrest aliens
in custodial settings or at-large who may be subject to
removal from the United States;
``(C) have custody over (and the authority to
release) aliens detained for potential exclusion,
deportation, or removal from the United States, manage
the administrative immigration detention operations of
U.S. Immigration and Customs Enforcement, and provide
necessary and appropriate medical care and dental and
mental health services to detained aliens in the
custody of the agency;
``(D) plan, coordinate, and manage the execution of
exclusion, deportation, and removal orders issued to
aliens;
``(E) investigate and refer for prosecution any
civil or criminal violation of the immigration laws or
any offense described in section 287(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1357(a)(5));
and
``(F) carry out other duties and powers prescribed
by the Director.
``(h) Office of the Principal Legal Advisor.--
``(1) In general.--There is established in U.S. Immigration
and Customs Enforcement the Office of the Principal Legal
Advisor.
``(2) Principal legal advisor.--There shall be at the head
of the Office the Principal Legal Advisor a Principal Legal
Advisor.
``(3) Duties.--The Office of the Principal Legal Advisor
shall--
``(A) provide specialized legal advice to the
Director;
``(B) represent U.S. Immigration and Customs
Enforcement in all exclusion, deportation, and removal
proceedings before the Executive Office for Immigration
Review; and
``(C) carry out other duties and powers prescribed
by the Director.
``(i) Office of Professional Responsibility.--
``(1) In general.--There is established in U.S. Immigration
and Customs Enforcement the Office of Professional
Responsibility.
``(2) Associate director.--There shall be at the head of
the Office of Professional Responsibility an Associate
Director, who shall report to the Director.
``(3) Duties.--The Office of Professional Responsibility
shall--
``(A) investigate allegations of criminal, civil,
or administrative misconduct involving any employee,
officer, or contractor of U.S. Immigration and Customs
Enforcement;
``(B) inspect and review U.S. Immigration and
Customs Enforcement's offices, operations, and
processes, including detention facilities operated or
used by U.S. Immigration and Customs Enforcement, and
provide an independent review of U.S. Immigration and
Custom Enforcement's organizational health,
effectiveness, and efficiency of mission;
``(C) provide and manage the security programs and
operations for U.S. Immigration and Customs
Enforcement; and
``(D) carry out other duties and powers prescribed
by the Director.
``(j) Office of Management and Administration.--
``(1) In general.--There is established in U.S. Immigration
and Customs Enforcement the Office of Management and
Administration.
``(2) Executive associate director.--There shall be at the
head of the Office of Management and Administration an
Executive Associate Director, who shall report to the Director.
``(3) Duties.--The Office of Management and Administration
shall--
``(A) oversee and execute the agency's
administrative and management support functions to
ensure compliance with all laws, regulations and
policies, sound resource and asset management, internal
controls, and in furtherance of ICE mission
effectiveness;
``(B) oversee the delivery of ICE's budget
justifications, manage budget distributions, and
oversee the execution of ICE's budget through financial
policies, standards, and systems for ICE's programs,
projects, and activities;
``(C) deliver human capital programs on behalf of
the agency;
``(D) establish acquisition strategies, perform
oversight for all investments, ensure program
accountability, and perform oversight and execution of
all contracting activities;
``(E) manage ICE's facilities portfolio ensuring
infrastructure is effectively planned, acquired, and
maintained;
``(F) develop and maintain an integrated
information technology infrastructure;
``(G) ensure the implementation of strong privacy
protections, records management, data governance
practices, and timely responses to Freedom of
Information Act requests;
``(H) develop and execute leadership and career
development programs to meet ICE training needs; and
``(I) carry out other duties and authorities
prescribed by the Director.
``(k) Other Authorities.--
``(1) In general.--The Secretary may establish such other
Executive Associate Directors, Assistant Directors, or other
similar officers or officials, or other offices or positions as
the Secretary determines necessary to carry out the missions,
duties, functions, and authorities of U.S. Immigration and
Customs Enforcement.
``(2) Notification.--If the Secretary exercises the
authority provided pursuant to paragraph (1), the Secretary
shall notify the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary of the Senate not later than 30
days before exercising such authority.
``(l) Other Federal Agencies.--Nothing in this section may be
construed as affecting or limiting in any manner the authority, as in
existence on the day before the date of the enactment of this section,
of any other Federal agency or other component of the Department.''.
(b) Special Rules.--
(1) Treatment.--Section 442 of the Homeland Security Act of
2002, as amended by subsection (a) of this section, shall be
treated as if included in such Act as of the date of the
enactment of such Act. In addition to the functions, missions,
duties, and authorities specified in such amended section 442,
U.S. Immigration and Customs Enforcement shall continue to
perform and carry out the functions, missions, duties, and
authorities under section 442 of such Act as in existence on
the day before such date of enactment (notwithstanding the
treatment described in this paragraph).
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding the
treatment described in paragraph (1), nothing in this
Act may be construed as affecting in any manner any
rule or regulation issued or promulgated pursuant to
any provision of law, including section 442 of the
Homeland Security Act of 2002, as in existence on the
day before the date of the enactment of this Act, and
any such rule or regulation shall continue to have full
force and effect on and after such date.
(B) Other actions.--Notwithstanding the treatment
described in paragraph (1), nothing in this Act may be
construed as affecting in any manner any action,
determination, policy, or decision pursuant to section
442 of the Homeland Security Act of 2002 as in
existence on the day before the date of the enactment
of this Act, and any such action, determination,
policy, or decision shall continue to have full force
and effect on and after such date.
(c) Continuation in Office.--
(1) Director.--The individual serving as the Director of
U.S. Immigration and Customs Enforcement on the day before the
date of the enactment of this Act (notwithstanding the
treatment described in subsection (b)(1)) may serve as the
Director of U.S. Immigration and Customs Enforcement in
accordance with section 442 of the Homeland Security Act of
2002, as amended by subsection (a), until the earlier of--
(A) the date on which such individual is no longer
eligible to serve as Director; or
(B) the date on which a person nominated by the
President to be the Director is confirmed by the Senate
in accordance with such section 441.
(2) Other positions.--The individuals serving as the Deputy
Director, Executive Associate Directors, Deputy Executive
Associate Directors, or similar officers or officials of U.S.
Immigration and Customs Enforcement under section 442 of the
Homeland Security Act of 2002 on the day before the date of the
enactment of this Act (notwithstanding the treatment described
in subsection (b)(1)) may serve as the appropriate Deputy
Director, Executive Associate Directors, Deputy Executive
Associate Directors, Associate Directors, Deputy Associate
Directors, Assistant Directors, and other officers and
officials under section 442 of such Act, as amended by
subsection (a), unless the individual serving as the Director
of U.S. Immigration and Customs Enforcement determines that
another individual should hold such position.
(d) Transportation.--Paragraph (6) of section 1344(b) of title 31,
United States Code, is amended by inserting ``, the Director of U.S.
Immigration and Customs Enforcement, the Commissioner of Customs and
Border Protection,'' before ``the Administrator of the Drug Enforcement
Administration,''.
(e) Conforming Amendments.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by inserting after ``Director of the Bureau of
Citizenship and Immigration Services.'' the following new item:
``Director of U.S. Immigration and Customs Enforcement.''.
(2) Title 18.--Subsection (d) of section 1030 of title 18,
United States Code, is amended--
(A) in paragraph (1), by inserting ``and U.S.
Immigration and Customs Enforcement'' after ``United
States Secret Service'';
(B) in paragraph (2), by inserting, ``, in
collaboration with U.S. Immigration and Customs
Enforcement'' after ``Federal Bureau of
Investigation''; and
(C) in paragraph (3), by striking ``Secretary of
the Treasury'' and inserting ``Secretary of Homeland
Security''.
(3) Trade facilitation and trade enforcement act of 2015.--
Paragraph (2) of section 802(d) of the Trade Facilitation and
Trade Enforcement Act of 2015 (Public Law 114-125) is amended
by inserting before the period at the end the following: ``or
the Director of U.S. Immigration and Customs Enforcement, as
determined by the Secretary of Homeland Security''.
(4) Homeland security act of 2002.--Title IV of the
Homeland Security Act of 2002 is amended--
(A) in subtitle C--
(i) in subsection (e) of section 428 (6
U.S.C. 236), by adding at the end the following
new paragraph:
``(9) Delegated authority.--For purposes of this
subsection, the Secretary shall act through the Director of
U.S. Immigration and Customs Enforcement.''; and
(ii) in section 432 (6 U.S.C. 240)--
(I) by redesignating subsection (e)
as subsection (f); and
(II) by inserting after subsection
(d) the following new subsection:
``(e) Administration.--The Director of U.S. Immigration and Customs
Enforcement shall administer BEST units established under this
section.'';
(B) in subtitle D--
(i) by amending the subtitle heading to
read as follows: ``U.S. Immigration and Customs
Enforcement''; and
(ii) by repealing sections 445 and 446 (6
U.S.C. 255 and 256);
(C) in subtitle E--
(i) in subsection (a)(2)(C) of section 451
(6 U.S.C. 271), by striking ``at the same level
as the Assistant Secretary of the Bureau of
Border Security'' and inserting ``in accordance
with section 5314 of title 5, United States
Code'';
(ii) in subsection (c) of section 459 (6
U.S.C. 276), by striking ``Assistant Secretary
of the Bureau of Border Security'' and
inserting ``Director of U.S. Immigration and
Customs Enforcement''; and
(iii) in subsection (b)(2)(A) of section
462 (6 U.S.C. 279), in the matter preceding
clause (i), by striking ``Assistant Secretary
of the Bureau of Border Security'' and
inserting ``Director of U.S. Immigration and
Customs Enforcement''; and
(D) in subtitle F, in subsection (a)(2)(B) of
section 472 (6 U.S.C. 292), by striking ``Bureau of
Border Security'' and inserting ``U.S. Immigration and
Customs Enforcement''.
(f) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended--
(1) by striking the item relating to subtitle D of title IV
and inserting the following new item:
``Subtitle D--U.S. Immigration and Customs Enforcement'';
and
(2) by striking the items relating sections 445 and 446.
SEC. 419. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 251 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 445. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION ALERT
PROGRAM.
``(a) Establishment.--There is established in the Department a
program to be known as the `Biometric Identification Transnational
Migration Alert Program' (referred to in this section as `BITMAP') to
address and reduce national security, border security, and terrorist
threats before such threats reach the international border of the
United States.
``(b) Duties.--In carrying out BITMAP operations, the Secretary,
acting through the Director of U.S. Immigration and Customs
Enforcement, shall--
``(1) coordinate, in consultation with the Secretary of
State, appropriate representatives of foreign governments, and
the heads of other Federal agencies, as appropriate, to
facilitate the voluntary sharing of biometric and biographic
information collected from foreign nationals for the purpose of
identifying and screening such nationals to identify
individuals who may pose a terrorist threat or a threat to
national security or border security;
``(2) provide capabilities, including training and
equipment, to partner countries to voluntarily collect
biometric and biographic identification data from individuals
to identify, prevent, detect, and interdict high risk
individuals identified as national security, border security,
or terrorist threats who may attempt to enter the United States
utilizing illicit pathways;
``(3) provide capabilities, including training and
equipment, to partner countries to compare foreign data against
appropriate United States national security, border security,
terrorist, immigration, and counter-terrorism data, including--
``(A) the Federal Bureau of Investigation's
Terrorist Screening Database, or successor database;
``(B) the Federal Bureau of Investigation's Next
Generation Identification database, or successor
database;
``(C) the Department of Defense Automated Biometric
Identification System (commonly known as `ABIS'), or
successor database;
``(D) the Department's Automated Biometric
Identification System (commonly known as `IDENT'), or
successor database; and
``(E) any other database, notice, or means that the
Secretary, in consultation with the heads of other
Federal departments and agencies responsible for such
databases, notices, or means, designates;
``(4) provide partner countries with training, guidance,
and best practices recommendations regarding the enrollment of
individuals in BITMAP; and
``(5) ensure biometric and biographic identification data
collected pursuant to BITMAP are incorporated into appropriate
United States Government databases, in compliance with the
policies and procedures established by the Privacy Officer
appointed under section 222.
``(c) Collaboration.--The Secretary shall ensure that BITMAP
operations include participation from relevant components of the
Department, and request participation from other Federal agencies, as
appropriate. Notwithstanding any other provision of law, the Secretary
may enter into agreements related to such participation on a
reimbursable or non-reimbursable basis, as appropriate.
``(d) Agreements.--Before carrying out BITMAP operations in a
foreign country that, as of the date of the enactment of this section,
was not a partner country described in this section, the Secretary, in
consultation with the Secretary of State, shall enter into agreement or
arrangement with the government of such country that sets forth program
goals for such country, includes training, guidance, and best practices
recommendations regarding the enrollment of individuals in BITMAP, and
outlines such operations in such country, including related
departmental operations. Such country shall be a partner country
described in this section pursuant to and for purposes of such
agreement or arrangement.
``(e) Notification to Congress.--Not later than 60 days before an
agreement or arrangement with the government of a foreign country to
carry out BITMAP operations in such foreign country enters into force,
the Secretary shall provide the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate with a copy of such agreement or
arrangement to establish such operations, including the following:
``(1) The identification of the foreign country with which
the Secretary intends to enter into such an agreement or
arrangement.
``(2) The location at which such operations will be
conducted.
``(3) Goals for BITMAP operations in the foreign country.
``(4) The terms and conditions for Department personnel
operating at such location.
``(f) Captured Information of United States Citizens.--The
Secretary shall ensure that any biometric and biographic identification
data of United States citizens that is captured by BITMAP operations is
expunged from all databases to which such data was uploaded, unless
such data is retained for specific law enforcement or intelligence
purposes.''.
(b) Report.--Not later than 180 days after the date on which the
Biometric Identification Transnational Migration Alert Program (BITMAP)
is established under section 447 of the Homeland Security Act of 2002
(as added by subsection (a) of this section) and annually thereafter
for the following five years, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that--
(1) outlines the strategic goals and operational plans for
BITMAP;
(2) outlines key efforts and the progress made with each
partner country;
(3) provides a description of the agreement or arrangement
with the government of each partner country, if practicable;
(4) provides budget information related to expenditures in
support of BITMAP, including the source of funding and
anticipated expenditures;
(5) sets forth Department of Homeland Security personnel,
equipment, and infrastructure support to be used by BITMAP,
broken down by country and number;
(6) includes the number of individuals each partner country
enrolled into BITMAP during the reporting period, broken down
by key categories, as determined by U.S. Immigration and
Customs Enforcement;
(7) includes the training, guidance, and best practices
recommendations provided pursuant to subsection (b)(4) of such
section 447;
(8) includes a review of the redress process for BITMAP;
and
(9) details the effectiveness of BITMAP operations in
enhancing national security, border security, and
counterterrorism operations.
(c) Briefings.--Not later than 30 days after each report is
submitted pursuant to subsection (b), the Secretary of Homeland
Security shall brief the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives regarding--
(1) individuals enrolled in BITMAP who have been
apprehended at the United States border or in the interior of
the United States; and
(2) asylum claims that were submitted by individuals who
are enrolled in BITMAP.
(d) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 444 the following new item:
``Sec. 445. Biometric Identification Transnational Migration Alert
Program.''.
SEC. 420. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than September 30, 2021, and not
later than September 30 of each year thereafter, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security
and the Committee on the Judiciary of the House of Representatives and
to the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report providing, for the
preceding fiscal year, numerical estimates (including information on
the methodology utilized to develop such numerical estimates) of the
following:
``(1) For each country, the number of aliens from the
country who are described in subsection (a), including the
following:
``(A) The total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
``(B) The number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable.
``(2) For each country, the percentage of the total number
of aliens from the country who were present in the United
States and were admitted to the United States as nonimmigrants
who are described in subsection (a).
``(3) The number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States.
``(4) The number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))).
``(5) The number of Canadian nationals who entered the
United States without a visa whose authorized period of stay in
the United States terminated during the previous fiscal year,
but who remained in the United States.''.
SEC. 421. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection for the purpose of conducting primary inspections of aliens
seeking admission to the United States at each port of entry of the
United States.
SEC. 422. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is
further amended by adding at the end the following new sections:
``SEC. 446. SOCIAL MEDIA SCREENING.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall, to the greatest extent
practicable, and in a risk based manner and on an individualized basis,
begin reviewing the social media accounts of certain visa applicants
who are citizens of, or who reside in, high-risk countries, as
determined by the Secretary based on the criteria described in
subsection (b).
``(b) High-Risk Criteria Described.--In determining whether a
country is high-risk pursuant to subsection (a), the Secretary, in
consultation with the Secretary of State, shall consider the following
criteria:
``(1) The number of nationals of the country who were
identified in United States Government databases related to the
identities of known or suspected terrorists during the previous
year.
``(2) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(3) The number of counterintelligence, intellectual
property theft, and counterproliferation cases involving
nationals of the country.
``(4) Any other criteria the Secretary determines
appropriate.
``(c) Collaboration.--To carry out the requirements of subsection
(a), the Secretary may collaborate with the following:
``(1) The head of a national laboratory within the
Department's laboratory network with relevant expertise.
``(2) The head of a relevant university-based center within
the Department's centers of excellence network.
``(3) The heads of other appropriate Federal agencies.
``(d) Waiver.--The Secretary, in collaboration with the Secretary
of State, is authorized to waive the requirements of subsection (a) as
necessary to comply with international obligations of the United
States.
``SEC. 447. OPEN SOURCE SCREENING.
``The Secretary shall, to the greatest extent practicable, and in a
risk based manner, review open source information of visa
applicants.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, is amended by inserting after the
item relating to section 445, as added by this title, the following new
items:
``Sec. 446. Social media screening.
``Sec. 447. Open source screening.''.
SEC. 423. HOMELAND SECURITY INVESTIGATIONS NATIONAL GANG UNIT.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 448. NATIONAL GANG UNIT.
``(a) Establishment.--There is established within the Department a
program, which shall be known as the `Homeland Security Investigations
National Gang Unit' (referred to in this section as `National Gang
Unit'. The National Gang Unit shall be headed by an Assistant Director,
who shall be appointed by the Executive Associate Director of United
States Immigration and Customs Enforcement, Homeland Security
Investigations.
``(b) Purpose.--The purpose of the National Gang Unit shall be to--
``(1) lead homeland security investigations into
transnational criminal gang activity; and
``(2) form partnerships with regional stakeholders to
target gangs, suppress violence and prosecute criminal
enterprises.
``(c) Task Forces.--The National Gang Unit shall establish and lead
regionally based task force units focused on combating transnational
gang activity. Such task force units shall incorporate the following:
``(1) Homeland Security Investigations personnel.
``(2) School Resource Officers.
``(3) State and local law enforcement.
``(4) Personnel from other relevant agencies or
organizations.
``(d) Information Sharing.--
``(1) Provided to homeland security.--Before placing an
unaccompanied alien child with an individual, the Secretary of
Health and Human Services shall provide to the Secretary of
Homeland Security any disclosed gang affiliation information
the unaccompanied alien child provided to the Department of
Health and Human Services, including factual information
provided by employees and contractors of the Department related
to patterns of violent behavior or suspected gang affiliation
while under their supervision.
``(2) Provided to the national gang unit.--The Secretary of
Homeland Security shall share the information provided pursuant
to paragraph (1) with relevant National Gang Unit task force
units.
``(e) Effective Date.--This section shall apply to any
unaccompanied alien child apprehended on or after the date of the
enactment of this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for each of fiscal years 2021 and 2022 to carry
out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 447, as added by this title, the following new
item:
``Sec. 448. National Gang Unit.''.
SEC. 424. HOMELAND SECURITY INVESTIGATIONS TRANSNATIONAL CRIMINAL
INVESTIGATIVE UNITS.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 449. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.
``(a) Establishment.--There is established within the Department a
program, which shall be known as the `Homeland Security Investigations
Transnational Criminal Investigative Unit Program' (referred to in this
section as `TCIU Program'). The TCIU Program shall be headed by an
Assistant Director, who shall be appointed by the Executive Associate
Director of U.S. Immigration and Customs Enforcement, Homeland Security
Investigations.
``(b) Purpose.--The purpose of the TCIU Program shall be to--
``(1) lead homeland security investigations into
transnational criminal organizations; and
``(2) enhance cooperation between Homeland Security
Investigations and trusted and vetted foreign law enforcement
partners in order to identify targets, collect evidence, share
information, and facilitate the prosecution of transnational
criminal organizations both in-country and through the United
States judicial system.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated, $5,000,000 for each of fiscal years 2021 and 2022 to
carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 448, as added by this title, the following new
item:
``Sec. 449. Transnational criminal investigative units.''.
SEC. 425. HOMELAND SECURITY INVESTIGATIONS INNOVATION LAB.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 450. INNOVATION LAB.
``(a) Establishment.--There is established within the Department a
program, which shall be known as the `Homeland Security Investigations
Innovation Lab' (referred to in this section as `Innovation Lab'. The
Innovation Lab shall be headed by an Assistant Director, who shall be
appointed by the Executive Associate Director of United States
Immigration and Customs Enforcement, Homeland Security Investigations.
``(b) Purpose.--The purpose of the Innovation Lab shall be to
improve investigative efficiency and mission-critical outcomes by
enhancing and streamlining data processing, agility, assessment,
visualization, and analysis of homeland security data, using innovative
and emerging technologies and best practices for design principles.
Innovation Lab efforts shall be informed by designated field agents and
analysts with relevant experience.
``(c) Co-Location.--The Secretary of Homeland Security shall, if
practicable, co-locate Innovation Lab personnel and office space with
other existing assets of--
``(1) the Department of Homeland Security, where possible;
or
``(2) Federal facilities, where appropriate.
``(d) Composition.--The Innovation Lab shall be comprised of
personnel from the following:
``(1) Homeland Security Investigations of U.S. Immigration
and Customs Enforcement.
``(2) Other appropriate agencies as determined by the
Secretary.
``(3) The private sector, including developers with
specializations in innovative and emerging technology, back end
architecture, or user interface design.
``(4) Academic institutions, including members of the
Department of Homeland Security Centers of Excellence.
``(e) Prioritization.--The Innovation Lab shall prioritize new
projects based on communicated investigative challenges experienced by
each Homeland Security Investigations field office. Such communication
may be incorporated in existing annual threat analyses conducted by
Homeland Security Investigations.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $24,700,000 for fiscal year 2021 and $27,700,000 for
fiscal year 2022 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 449, as added by this title, the following new
item:
``Sec. 450. Innovation lab.''.
SEC. 426. ESTABLISHMENT OF UNITED STATES CITIZENSHIP AND IMMIGRATION
SERVICES.
(a) In General.--Section 451 of the Homeland Security Act of 2002
(6 U.S.C. 271) is amended to read as follows:
``SEC. 451. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.
``(a) Establishment.--There is established within the Department an
agency to be known as United States Citizenship and Immigration
Services.
``(b) Director of United States Citizenship and Immigration
Services.--There shall be at the head of United States Citizenship and
Immigration Services a Director of United States Citizenship and
Immigration Services (in this section referred to as the `Director').
``(c) Duties and Qualifications.--The Director shall--
``(1) have a minimum of five years of management
experience;
``(2) establish national immigration services policies and
priorities;
``(3) meet regularly with the Citizenship and Immigration
Services Ombudsman (established in section 452) to correct
serious problems identified by such Ombudsman;
``(4) advise the Secretary with respect to any policy or
operation of United States Citizenship and Immigration Services
that may significantly affect another component or office of
the Department;
``(5) carry out--
``(A) the adjudication of nonimmigrant and
immigrant visa petitions;
``(B) the adjudication of naturalization
applications;
``(C) the adjudication of asylum and refugee
applications;
``(D) adjudications performed at United States
Citizenship and Immigration Services service centers;
and
``(E) all other adjudications formerly performed
pursuant to this section by the Immigration and
Naturalization Service, the Bureau of Citizenship and
Immigration Services, or United States Citizenship and
Immigration Services, as the case may be, on the day
before the date of the enactment of this section; and
``(6) carry out other duties and powers prescribed by law
or delegated by the Secretary.
``(d) Deputy Director.--There shall be in United States Citizenship
and Immigration Services a Deputy Director, who shall assist the
Director in the management of United States Citizenship and Immigration
Services.
``(e) Chief Counsel.--There shall be in United States Citizenship
and Immigration Services a Chief Counsel, who shall--
``(1) provide specialized legal advice, opinions,
determinations, and any other assistance to the Director with
respect to legal matters affecting United States Citizenship
and Immigration Services;
``(2) represent United States Citizenship and Immigration
Services in visa petition appeal proceedings before the
Executive Office for Immigration Review; and
``(3) carry out other duties and powers prescribed by the
Secretary.
``(f) Chief of Policy and Strategy.--There shall be in United
States Citizenship and Immigration Services a Chief of Policy and
Strategy, who shall--
``(1) make policy recommendations and perform policy
research and analysis on immigration services issues;
``(2) coordinate immigration policy issues with other
appropriate components and offices of the Department; and
``(3) carry out other duties and powers prescribed by the
Secretary.
``(g) Office of Citizenship.--
``(1) In general.--There is established in United States
Citizenship and Immigration Services the Office of Citizenship.
``(2) Chief.--There shall be at the head of the Office of
Citizenship a Chief, who shall report to the Director.
``(3) Duties.--The Chief of the Office of Citizenship
shall--
``(A) promote instruction and training on
citizenship responsibilities, including the development
of education materials and develop initiatives to
foster the civic integration of immigrants, for aliens
interested in becoming naturalized citizens of the
United States; and
``(B) carry out other duties and powers prescribed
by the Director.
``(h) Fraud Detection and National Security Directorate.--
``(1) In general.--There is established in United States
Citizenship and Immigration Services a Fraud Detection and
National Security Directorate.
``(2) Associate director.--There shall be at the head of
the Fraud Detection and National Security Directorate an
Associate Director, who shall report to the Director.
``(3) Duties.--The Associate Director of the Fraud
Detection and National Security Directorate shall--
``(A) ensure immigration benefits are not granted
to individuals who--
``(i) pose a threat to national security or
public safety;
``(ii) are known or suspected terrorists;
or
``(iii) seek to defraud or have previously
sought to or have defrauded the immigration
system of the United States;
``(B) conduct security and background
investigations of applicants for immigration benefits
and develop systems and techniques for identifying
immigration benefit fraud;
``(C) conduct targeted site visits in cases in
which fraud is suspected;
``(D) investigate and refer to U.S. Immigration and
Customs Enforcement, where appropriate, incidents of
suspected fraud, national security concerns, or other
civil and criminal violations of immigration laws; and
``(E) carry out other duties and powers prescribed
by the Director.
``(i) Field Operations Directorate.--
``(1) In general.--There is established in United States
Citizenship and Immigration Services a Field Operations
Directorate.
``(2) Associate director.--There shall be at the head of
the Field Operations Directorate an Associate Director, who
shall report to the Director.
``(3) Duties.--The Associate Director of the Field
Operations Directorate shall--
``(A) oversee the domestic regional offices,
district offices, field offices, and field support
offices of United States Citizenship and Immigration
Services;
``(B) adjudicate applications and petitions for
immigration benefits;
``(C) interview applicants for immigration
benefits;
``(D) conduct security and background
investigations of applicants for immigration benefits
and develop systems and techniques for identifying
immigration benefit fraud; and
``(E) carry out other duties and powers prescribed
by the Director.
``(j) Refugee, Asylum, and International Operations Directorate.--
``(1) In general.--There is established in United States
Citizenship and Immigration Services a Refugee, Asylum, and
International Operations Directorate.
``(2) Associate director.--There shall be at the head of
the Refugee, Asylum, and International Operations Directorate
an Associate Director, who shall report to the Director.
``(3) Duties.--The Associate Director of the Refugee,
Asylum, and International Operations Directorate shall--
``(A) adjudicate asylum and refugee applications;
``(B) conduct screenings on individuals seeking to
enter the United States and migrants interdicted at
sea;
``(C) adjudicate parole requests from individuals
residing outside the United States for humanitarian or
public benefit reasons;
``(D) perform other authorized functions of United
States Citizenship and Immigration Services outside the
United States;
``(E) conduct security and background
investigations of applicants for immigration benefits
and develop systems and techniques for identifying
immigration benefit fraud; and
``(F) carry out other duties and powers prescribed
by the Director.
``(k) Immigration Record and Identity Services Directorate.--
``(1) In general.--There is established in United States
Citizenship and Immigration Services an Immigration Records and
Identity Services Directorate.
``(2) Associate director.--There shall be at the head of
the Immigration Records and Identity Services Directorate an
Associate Director, who shall report to the Director.
``(3) Duties.--The Associate Director of the Immigration
Records and Identity Services Directorate shall--
``(A) collect and disseminate biometric information
to support the integrity of the immigration system;
``(B) manage the employment verification system
pursuant to 404(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), or successor provision;
``(C) manage the automated system known as the
Systematic Alien Verification for Entitlements, or
successor system, to assist Federal, State, and local
benefit issuing agencies to determine the immigration
status of benefit applicants;
``(D) provide appropriate information, including
immigration status and employment authorization
information, to relevant customers and stakeholders;
and
``(E) carry out other duties and powers prescribed
by the Director.
``(l) Service Center Operations Directorate.--
``(1) In general.--There is established in United States
Citizenship and Immigration Services a Service Center
Operations Directorate.
``(2) Associate director.--There shall be at the head of
the Service Center Operations Directorate an Associate
Director, who shall report to the Director.
``(3) Duties.--The Associate Director of the Service Center
Operations Directorate shall--
``(A) oversee the adjudication of employment-based
applications and petitions at United States Citizenship
and Immigration Services service centers;
``(B) conduct security and background
investigations of applicants for immigration benefits
and develop systems and techniques for identifying
immigration benefit fraud;
``(C) manage the employment creation visa program
under section 203(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)); and
``(D) carry out other duties and powers prescribed
by the Director.
``(m) Other Authorities.--
``(1) In general.--The Secretary may establish such other
Associate Directors, or other similar positions or officials,
as the Secretary determines necessary to carry out the
missions, duties, functions, and authorities of United States
Citizenship and Immigration Services.
``(2) Notification.--If the Secretary exercises the
authority provided pursuant to paragraph (1), the Secretary
shall notify the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and
the Committee on the Judiciary of the Senate not later than 30
days before exercising such authority.''.
(b) Special Rules.--
(1) Treatment.--Section 451 of the Homeland Security Act of
2002 (6 U.S.C. 271), as amended by subsection (a) of this
section, shall be treated as if included in such Act as of the
date of the enactment of such Act. In addition to the
functions, missions, duties, and authorities specified in such
amended section 451, United States Citizenship and Immigration
Services shall continue to perform and carry out the functions,
missions, duties, and authorities under section 451 of such Act
as in existence on the day before such date of enactment
(notwithstanding the treatment described in this paragraph).
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding the
treatment described in paragraph (1), nothing in this
Act may be construed as affecting in any manner any
rule or regulation issued or promulgated pursuant to
any provision of law, including section 451 of the
Homeland Security Act of 2002 (6 U.S.C. 271), as in
existence on the day before the date of the enactment
of this Act, and any such rule or regulation shall
continue to have full force and effect on and after
such date.
(B) Other actions.--Notwithstanding the treatment
described in paragraph (1), nothing in this Act may be
construed as affecting in any manner any action,
determination, policy, or decision pursuant to section
451 of the Homeland Security Act of 2002 (6 U.S.C. 271)
as in existence on the day before the date of the
enactment of this Act, and any such action,
determination, policy, or decision shall continue to
have full force and effect on and after such date.
(c) Continuation in Office.--
(1) Director.--The individual serving as Director of United
States Citizenship and Immigration Services on the day before
the date of the enactment of this Act may, notwithstanding the
treatment provision under paragraph (1) of subsection (b),
continue to serve as the Director of United States Citizenship
and Immigration Services on and after such date of enactment in
accordance with section 451 of the Homeland Security Act of
2002 (6 U.S.C. 271), as amended by subsection (a) of this
section, until the earlier of--
(A) the date on which such individual is no longer
eligible to serve as Director; or
(B) the date on which a person nominated by the
President to be the Director is confirmed by the Senate
in accordance with such amended section 451.
(2) Other positions.--The individuals serving as Chiefs,
Associate Directors and other officers and officials under
section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271)
on the day before the date of the enactment of this Act may,
notwithstanding the treatment provision under paragraph (1) of
subsection (b), serve as the appropriate Chiefs, Assistant
Directors and other officers and officials under such section
451 as amended by subsection (a) of this section unless the
Director of United States Citizenship and Immigration Services
determines that another individual should hold such position.
(d) References.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by striking ``Director of the Bureau of Citizenship
and Immigration Services'' and inserting ``Director of United
States Citizenship and Immigration Services, Department of
Homeland Security''.
(2) Other references.--On and after the date of the
enactment of this Act, any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority
to the ``Director of the Bureau of Citizenship and Immigration
Services'' or the ``Bureau of Citizenship and Immigration
Services'' shall be deemed to be a reference to the Director of
United States Citizenship and Immigration Services or United
States Citizenship and Immigration Services, respectively.
(e) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by amending the item relating to section 451 to
read as follows:
``Sec. 451. United States Citizenship and Immigration Services.''.
(f) Conforming Amendments.--The Homeland Security Act of 2002 is
amended--
(1) in subparagraph (E) of section 103(a) (6 U.S.C.
113(a)), by striking ``A Director of the Bureau of Citizenship
and Immigration Services'' and inserting ``A Director of United
States Citizenship and Immigration Services'';
(2) in section 452 (6 U.S.C. 272)--
(A) in paragraphs (1), (2), and (3) of subsection
(b), by striking ``the Bureau of Citizenship and
Immigration Services'' each place it appears and
inserting ``United States Citizenship and Immigration
Services'';
(B) in subsection (c)--
(i) in subparagraphs (A) and (E) of
paragraph (1), by striking ``the Bureau of
Citizenship and Immigration Services'' each
place it appears and inserting ``United States
Citizenship and Immigration Services''; and
(ii) in paragraph (2), by striking
``Director of the Bureau of Citizenship and
Immigration Services'' and inserting ``Director
of United States Citizenship and Immigration
Services'';
(C) in subsection (d)--
(i) in paragraph (2), by striking ``the
Bureau of Citizenship and Immigration
Services'' and inserting ``United States
Citizenship and Immigration Services''; and
(ii) paragraph (4), by striking ``Director
of the Bureau of Citizenship and Immigration
Services'' and inserting ``Director of United
States Citizenship and Immigration Services'';
(D) in paragraph (2) of subsection (e), by striking
``the Bureau of Citizenship and Immigration Services''
and inserting ``United States Citizenship and
Immigration Services'';
(E) in subsection (f)--
(i) in the heading, by striking ``Bureau of
Citizenship and Immigration Services'' and
inserting ``United States Citizenship and
Immigration Services''; and
(ii) by striking ``Director of the Bureau
of Citizenship and Immigration Services'' and
inserting ``Director of United States
Citizenship and Immigration Services''; and
(F) in subsection (g)--
(i) in subparagraphs (B) and (D) of
paragraph (1), by striking ``the Bureau of
Citizenship and Immigration Services'' each
place it appears and inserting ``United States
Citizenship and Immigration Services''; and
(ii) in paragraph (2), by striking ``the
Bureau of Citizenship and Immigration
Services'' each place it appears and inserting
``United States Citizenship and Immigration
Services'';
(3) in section 453 (6 U.S.C. 273)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``Director of the Bureau of
Citizenship and Immigration Services'' and
inserting ``Director of United States
Citizenship and Immigration Services'';
(ii) in paragraphs (1) and (3), by striking
``the Bureau of Citizenship and Immigration
Services'' each place it appears and inserting
``United States Citizenship and Immigration
Services''; and
(iii) in paragraph (2)--
(I) by striking ``the Bureau of
Citizenship and Immigration Services''
and inserting ``United States
Citizenship and Immigration Services'';
and
(II) by striking ``such bureau''
and inserting ``United States
Citizenship and Immigration Services'';
and
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``Bureau of Citizenship and
Immigration Services'' and inserting ``United States
Citizenship and Immigration Services'';
(4) in section 456 (6 U.S.C. 275) by striking ``Director of
the Bureau of Citizenship and Immigration Services'' each place
it appears and inserting ``Director of United States
Citizenship and Immigration Services'';
(5) in subparagraph (A) of section 462(b)(2) (6 U.S.C.
279(b)(2)), by striking ``Director of the Bureau of Citizenship
and Immigration Services'' and inserting ``Director of United
States Citizenship and Immigration Services'';
(6) in subsections (a), (b), and (d) of section 476 (6
U.S.C. 296), by striking ``the Bureau of Citizenship and
Immigration Services'' each place it appears and inserting
``United States Citizenship and Immigration Services''; and
(7) in section 478 (6 U.S.C. 298)--
(A) by striking subsection (b);
(B) by striking the following:
``(a) Annual Report.--
``(1) In general.--One year after'';
(C) by inserting the following:
``(a) In General.--One year after'';
(D) by striking the following:
``(2) Matter included.--The report shall'';
(E) by inserting the following:
``(b) Matter Included.--The report shall'';
(F) by redesignating subparagraphs (A) through (H)
as paragraphs (1) through (8), respectively; and
(G) by striking ``The Department of Justice'' in
new paragraph (5) and replacing it with ``The
Department of Homeland Security''.
(g) Repeals.--
(1) In general.--The following provisions of the Homeland
Security Act of 2002 are repealed:
(A) Section 459 (6 U.S.C. 276).
(B) Section 460 (6 U.S.C. 277).
(C) Section 461 (6 U.S.C. 278).
(D) Section 472 (6 U.S.C. 292).
(E) Section 473 (6 U.S.C. 293).
(F) Section 474 (6 U.S.C. 294).
(G) Section 475 (6 U.S.C. 295).
(H) Section 477 (6 U.S.C. 297).
(2) Clerical amendments.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
striking the items relating to the following sections:
(A) Section 459.
(B) Section 460.
(C) Section 461.
(D) Section 472.
(E) Section 473.
(F) Section 474.
(G) Section 475.
(H) Section 477.
(h) Employee Discipline.--Section 454 of the Homeland Security Act
of 2002 (6 U.S.C. 274) is amended to read as follows:
``SEC. 454. EMPLOYEE DISCIPLINE.
``Notwithstanding any other provision of law, the Secretary may
impose disciplinary action on any employee of United States Citizenship
and Immigration Services who knowingly deceives Congress or agency
leadership on any matter.''.
(i) Combination Prohibition.--
(1) In general.--Section 471 of the Homeland Security Act
of 2002 (6 U.S.C. 291) is amended to read as follows:
``SEC. 471. COMBINATION PROHIBITION.
``The authority provided by section 1502 may be used to reorganize
functions or organizational units within U.S. Immigration and Customs
Enforcement or United States Citizenship and Immigration Services, but
may not be used to combine the two components into a single agency or
otherwise to combine, join, or consolidate functions or organizational
units of the two components with each other.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
amending the item relating to section 471 to read as follows:
``Sec. 471. Combination prohibition.''.
SEC. 427. FRAUD PREVENTION.
(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall develop a plan to digitize the
remaining paper biometrics files of past immigration benefits
applications and use advanced analytics software to ensure the
proactive detection of fraud in immigration benefits
applications and petitions and to ensure that any such
applicant or petitioner does not pose a threat to national
security.
(2) Implementation of plan.--Not later than one year after
the date of the submission of the plan under subsection (1),
the Secretary of Homeland Security shall begin implementation
of the plan.
SEC. 428. BORDER SECURITY AND TRADE MODERNIZATION TRUST FUND.
(a) Border Security Trust Fund.--Subtitle C of title IV of the
Homeland Security Act of 2002, as amended by this title, is further
amended by adding at the end the following new section:
``SEC. 438. BORDER SECURITY AND TRADE MODERNIZATION TRUST FUND.
``(a) Establishment.--There is hereby established in the Treasury
of the United States a trust fund to be known as the `Border Security
and Trade Modernization Trust Fund' (in this section referred to as the
`Fund').
``(b) Deposits to the Fund.--There shall be deposited in the Fund
the following:
``(1) Amounts authorized and appropriated to that Fund.
``(2) Surcharges established in subsection (f).
``(3) Gifts accepted pursuant to subsection (g).
``(4) Penalties collected under subchapter II of chapter 12
of title 8, United States Code.
``(c) Use of Amounts in Fund.--
``(1) The Secretary may use amounts in the fund without
further appropriation to carry out the following activities
included in the Border Security Improvement Plan submitted
under section 439:
``(A) Acquisition, construction, and installation
of physical barriers, tactical infrastructure, cameras,
sensors and other technology.
``(B) Acquisition, construction, renovation, and
improvement of short-term detention facilities used for
processing of individuals detained by U.S. Customs and
Border Protection and long-term detention facilities
used for individuals detained by U.S. Immigration and
Customs Enforcement, including facilities to
accommodate family units.
``(C) Acquisition, construction, renovation, and
improvement of port of entry facilities.
``(2) Amounts in the fund shall remain available until
expended.
``(d) Limitation on Expenditure.--
``(1) Amounts deposited in the Fund may not be used for any
activity except those provided for in this section.
``(2) The Secretary may not expend amounts from the Fund in
any fiscal year in which the Border Security Improvement Plan
has not been submitted pursuant to section 439.
``(e) Limitation on Obligation.--The Secretary may not incur an
obligation under a contract or other agreement entered into to carry
out an activity under this section in excess of the unobligated
balance, at the time the contract or agreement is entered into, of the
Fund required to be used to satisfy the obligation.
``(f) Border Security Surcharge.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) the Secretary shall charge a surcharge of--
``(i) $40 on the immigrant user fee
established under section 286(m) of the
Immigration and Nationality Act (8 U.S.C.
1356(m)); and
``(ii) $6 on the land border inspection fee
established under section 286(q) of such Act (8
U.S.C. 1356(q)); and
``(B) the Secretary of State shall charge a
surcharge of $20 on the machine-readable visa fee
established under section 103 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1713).
``(2) Deposit of surcharges.--Surcharges collected under
this subsection shall be deposited in the Fund established
under this section.
``(g) Acceptance of Donations.--Notwithstanding section 3113 of
title 31, the Secretary of the Treasury may accept for the Government a
gift of money for deposit in the Fund.
``(h) Sunset.--Amounts may not be deposited in the Fund and
surcharges authorized under subsection (f) may not be collected on the
date that is the sooner of--
``(1) the date on which the Secretary notifies the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate that amounts deposited in the Fund exceed
$35,000,000,000; or
``(2) 15 years after the first date on which amounts are
deposited in the Fund under subsection (b).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 437, as added by this title, the following new
item:
``Sec. 438. Border Security and Trade Modernization Trust Fund.''.
(c) Conforming Amendment.--Notwithstanding any other provision of
law, penalties collected under subchapter II of chapter 12 of title 8,
United States Code, shall be deposited in the Border Security and Trade
Modernization Trust Fund established under section 438 of the Homeland
Security Act of 2002, as added by this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Border Security and Trade Modernization Trust Fund
established under section 438 of the Homeland Security Act of 2002, as
added by this section, $4,500,000,000 for each of fiscal years 2021 and
2022.
SEC. 429. BORDER SECURITY IMPROVEMENT PLAN.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002, as amended by this title, is further amended by adding at
the end the following:
``SEC. 439. BORDER SECURITY IMPROVEMENT PLAN.
``(a) In General.--On the date the President submits to Congress a
budget pursuant to section 1105 of title 31, United States Code, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Comptroller General of the United States a risk-based plan for
improving security along the land borders of the United States.
``(b) Topics.--The plan required under subsection (a) shall include
a needs assessment and prioritization of projects regarding the
following:
``(1) Physical barriers, fencing, and tactical
infrastructure.
``(2) Border Patrol mission-related technology including
cameras, sensors, anti-tunnel detection, persistent
surveillance and mobile and relocatable technologies.
``(3) Border Patrol access to the border including patrol
roads and lighting.
``(4) Office of Field Operations mission-related port of
entry technology including non-intrusive inspection systems.
``(5) Office of Field Operations port of entry and facility
modernization.
``(6) Border Patrol interior checkpoint and facility
modernization.
``(7) Customs and Border Protection short-term detention
capacity.
``(8) Immigration and Customs Enforcement long-term
detention facility capacity.
``(c) Elements.--The plan required under subsection (a) shall
include the following elements:
``(1) A statement of goals, objectives, activities, and
milestones for the plan.
``(2) A detailed implementation schedule for the plan,
including estimates for the planned obligation of funds for the
following five fiscal years that are linked to the milestone-
based delivery of specific--
``(A) capabilities and services;
``(B) mission benefits and outcomes;
``(C) program management capabilities; and
``(D) life cycle cost estimates.
``(3) A description of the manner in which specific
projects under the plan will enhance border security goals and
objectives and address the highest priority border security
needs.
``(4) An identification of the planned locations,
quantities, and types of projects considered under the plan.
``(5) A description of the methodology and analyses used to
inform the assessment conducted pursuant to subparagraph (b)
for deployment to particular locations under the plan that
includes the following:
``(A) Analyses of alternatives, where appropriate,
including comparative costs and benefits.
``(B) An assessment of effects on relevant
government and non-government stakeholders.
``(C) A description of other factors critical to
the decision-making process.
``(6) An identification of staffing requirements under the
plan, including full-time equivalents, contractors, and
detailed personnel, disaggregated by activity.
``(7) A description of performance metrics for the plan for
assessing and reporting on the contributions of border security
capabilities realized from current and future investments.
``(8) A migrant surge response plan to improve the
Department of Homeland Security response rate to future crises.
``(9) A description of the status of the actions of the
Department of Homeland Security to address open recommendations
by the Office of the Inspector General of the Department and
the Government Accountability Office relating to border
security, including plans, schedules, and associated milestones
for fully addressing such recommendations.
``(10) A plan to consult State and local elected officials
on the eminent domain and construction process relating to
physical barriers (except that such requirement may be
satisfied through the submission of existing plans).
``(11) Certifications by the Under Secretary for Management
of the Department of Homeland Security that--
``(A) the plan has been reviewed and approved in
accordance with an acquisition review management
process that complies with capital planning and
investment control and review requirements established
by the Office of Management and Budget, including as
provided in Circular A-11, part 7; and
``(B) all activities under the plan comply with
Federal acquisition rules, requirements, guidelines,
and practices.
``(d) GAO Evaluation.--Not later than 120 days after receipt of the
plan required under subsection (a) by the Comptroller General of the
United States, the Comptroller General shall evaluate the plan and
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on any concerns or recommendations for
improvement, as the Comptroller General determines appropriate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 438, as added by this title, the following new
item:
``Sec. 439. Border security improvement plan.''.
SEC. 430. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 440. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--There is established within the Department a
program to be known as the Integrated Border Enforcement Team program
(referred to in this section as `IBET').
``(b) Purpose.--The purpose of IBET is to enhance border security
in a manner that results in a cooperative approach between the United
States and Canada to--
``(1) strengthen security between designated ports of
entry;
``(2) detect, investigate, prevent, and respond to
terrorism, transnational criminal organizations, and other
violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of
border security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Establishment of Units.--
``(1) Composition.--IBET units may be comprised of
personnel from the following:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) Other Department personnel, as appropriate.
``(D) Other Federal, State, local, Tribal, and
foreign law enforcement agencies, as appropriate.
``(E) Other appropriate personnel at the discretion
of the Secretary.
``(2) Establishment of units.--The Secretary is authorized
to establish IBET units in regions in which such units can
contribute to IBET missions, as appropriate. When establishing
an IBET unit, the Secretary shall apply risk-based criteria
that takes into consideration the following:
``(A) Whether the region in which the IBET unit
would be established is significantly impacted by
cross-border threats, including threats posed by
transnational criminal organizations and terrorist
groups.
``(B) The availability of Federal, State, local,
Tribal, and foreign law enforcement resources to
participate in the IBET unit.
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the IBET unit would be
established.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET unit or to expand an existing IBET unit in
a given region, the Secretary shall ensure that the IBET unit
under consideration does not duplicate the efforts of other
existing interagency task forces or centers within such region,
including the Border Enforcement Security Task Force
established under section 443.
``(d) Operation.--After determining the regions in which to
establish IBET units under subsection (c)(2), the Secretary may--
``(1) direct the assignment of Federal personnel to such
IBET units;
``(2) take other actions to assist Federal, State, local,
and Tribal entities to participate in such IBET units,
including providing financial assistance, as appropriate, for
operational, administrative, and technological costs associated
with such participation;
``(3) direct the development of policy and guidance
necessary to identify, assess, and integrate the available
partner resources in relevant border sector security
assessments and resource planning documents;
``(4) establish targets and performance measures for such
IBET units; and
``(5) direct leadership of such IBET units to monitor
progress on such targets and performance measures.
``(e) Coordination.--The Secretary shall coordinate IBET activities
with other similar border security and antiterrorism programs within
the Department in accordance with the strategic objectives of the
Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in subsection (c)(1) as necessary to carry out this
section. Such memoranda with entities specified in subsection (c)(1)(G)
shall be entered into with the concurrence of the Secretary of State.
``(g) Report.--Not later than 180 days after the date on which IBET
is established and biannually thereafter for the following six years,
the Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that--
``(1) describes the effectiveness of IBET units in
fulfilling the purposes specified in subsection (b);
``(2) identifies challenges on the sustainment of cross-
border IBET operations, including challenges faced by
international partners, and planned corrective actions;
``(3) identifies costs associated with IBET units broken
down by relevant categories designated at the Secretary's
discretion;
``(4) identifies ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(5) identifies and assesses ways IBET, Border Tunnel Task
Forces, Border Enforcement Security Task Forces, and the
Integrated Cross-Border Maritime Law Enforcement Operation
Program can better align operations, including interdiction and
investigation activities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 439, as added by this title, the following new
item:
``Sec. 440. Integrated Border Enforcement Teams.''.
SEC. 431. NO BAN ON INFORMATION SHARING.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002, as amended by this title, is further amended by adding at
the end the following new section:
``SEC. 440A. ACCESS TO STATE, LOCAL, TRIBAL, AND TERRITORIAL
INFORMATION.
``(a) Authorization of Use.--
``(1) In general.--In the course of an investigation
concerning a Federal crime within the jurisdiction of the
Department, the Secretary may issue in writing and cause to be
served a subpoena requiring the production of any biographical
records, State-issued identification information, driving
record information, vehicle registration information, or
criminal history information of a specific individual from a
State, local, Tribal, or territorial agency or department that
the Secretary determines relevant to such investigation, or
requiring testimony by the custodian of such materials to be
produced concerning the production and authenticity of such
materials.
``(2) Contents.--A subpoena issued under paragraph (1)
shall describe the information described in such paragraph
required to be produced and prescribe a return date within a
reasonable period of time within which such information can be
assembled and made available.
``(3) Production of records.--The production of information
under paragraph (1) may be required from any State, local,
Tribal, or territorial agency or department in any State, or in
any territory or other place subject to the jurisdiction of the
United States at any designated place of hearing.
``(b) Service.--
``(1) In general.--A subpoena issued under this section may
be served by any person designated in the subpoena as the agent
of service.
``(2) Service of subpoena.--
``(A) State, local, tribal, or territorial agencies
and departments.--Service of a subpoena may be made
upon a State, local, Tribal, or territorial agency or
department, by delivering the subpoena to an officer,
to a managing or general agent, or to any other agent
authorized by appointment or by law to receive service
of process.
``(B) Proof of service.--The affidavit of the
person serving the subpoena entered by that person on a
true copy thereof shall be sufficient proof of service.
``(c) Enforcement.--
``(1) In general.--In the case of the contumacy by, or
refusal to obey a subpoena issued to, any State, local, Tribal,
or territorial agency or department, the Secretary, in
coordination with the Attorney General, may invoke the aid of
any court of the United States within the jurisdiction of which
the investigation described in subsection (a) is being
conducted or within the jurisdiction that the subject of such
investigation is located, to compel compliance with such
subpoena.
``(2) Order.--A court of the United States described in
paragraph (1) may issue an order requiring the subpoenaed State
agency or department, in accordance with such subpoena, to
appear, to produce records, or to give testimony relating to
the matter under investigation. Any failure to obey the order
of the court may be punished by the court as contempt thereof.
``(3) Service of process.--Any process under this
subsection may be served in any judicial district in which the
State, local, Tribal, or territorial agency or department may
be found.
``(d) Nondisclosure Requirement.--
``(1) In general.--If the Secretary certifies that
otherwise there may result a danger to the national security of
the United States, no person may disclose to any other person
that a subpoena was received or information was provided
pursuant to this section, other than to--
``(A) those persons to whom such disclosure is
necessary in order to comply with such subpoena;
``(B) an attorney to obtain legal advice with
respect to testimony or the production of information
in response to such subpoena; or
``(C) other persons as permitted by the Secretary.
``(2) Notice of nondisclosure requirement.--The subpoena,
or an officer, employee, or agency of the United States in
writing, shall notify the State, local, Tribal, or territorial
agency or department to whom such subpoena is directed of the
nondisclosure requirements under paragraph (1).
``(3) Further applicability of nondisclosure
requirements.--Any person who receives a disclosure under this
subsection shall be subject to the same prohibitions on
disclosure described in paragraph (1).
``(4) Enforcement of nondisclosure requirement.--Whoever
knowingly violates paragraph (1) or (3) shall be imprisoned for
not more than one year, and if such violation is committed with
the intent to obstruct an investigation or judicial proceeding,
shall be imprisoned for not more than five years.
``(5) Termination of nondisclosure requirement.--If the
Secretary determines that a nondisclosure requirement no longer
is justified by a danger to the national security of the United
States, an officer, employee, or agency of the United States
shall notify the relevant State, local, Tribal, or territorial
agency or department that the prohibition of disclosure is no
longer applicable.
``(e) Judicial Review.--
``(1) In general.--At any time before the return date
specified in a subpoena issued under this section, the State,
local, Tribal, or territorial agency or department summoned
may, in the United States district court for the district in
which such State, local, Tribal, or territorial agency or
department does business or resides, petition for an order
modifying or setting aside such subpoena.
``(2) Modification of nondisclosure requirement.--Any court
described in paragraph (1) may modify or set aside a
nondisclosure requirement imposed under subsection (d) at the
request of a State, local, Tribal, or territorial agency or
department to whom a subpoena has been directed, unless there
is reason to believe that such nondisclosure requirement is
justified because otherwise there may result a danger to the
national security of the United States.
``(3) Review of government submissions.--In all proceedings
under this subsection, the court shall review the submission of
the Federal Government, which may include classified
information, ex parte and in camera.
``(f) Immunity From Civil Liability.--Any State, local, Tribal, or
territorial agency or department, including officers, agents, and
employees of a non-natural person, who in good faith produce the
information requested in a subpoena, shall not be liable in any court
of the United States to any customer or other person for such
production, or for nondisclosure of such production to the customer or
other person.
``(g) Guidelines.--The Secretary shall, by rule, establish such
guidelines as are necessary to ensure the effective implementation of
this section.
``(h) Annual Reports.--The Secretary shall annually submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report (which may include a classified annex but with the presumption
of declassification) on the use of subpoenas under this subsection by
the Secretary, which shall include a discussion of--
``(1) the number of and reason for the subpoenas issued
under this section by the Secretary during the preceding year;
and
``(2) a description of the outcome of each such
subpoena.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 440, as added by this title, the following new
item:
``Sec. 440A. Access to State, local, Tribal, and territorial
information.''.
SEC. 432. BORDER SECURITY ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Homeland Security shall
establish a Border Security Advisory Committee (referred to in this
section as the ``Advisory Committee'').
(b) Duties.--
(1) In general.--The Secretary of Homeland Security shall
consult the Advisory Committee, as appropriate, on border
security matters, including the following:
(A) Verifying security claims and the border
security metrics established by the Department of
Homeland Security under section 1092 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 6 U.S.C. 223).
(B) Developing, refining, and implementing
policies, programs, initiatives, rulemakings, and
security directives pertaining to border security.
(2) Recommendations.--The Advisory Committee shall develop,
at the request of the Secretary of Homeland Security,
recommendations for improvements to border security and may
provide, through the Secretary, recommendations to Congress.
(c) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of the following:
(A) Voting members appointed by the Secretary.
(B) Nonvoting members, serving in an advisory
capacity, who shall be designated by--
(i) Customs and Border Protection;
(ii) Immigration and Customs Enforcement;
(iii) the Coast Guard; and
(iv) such other Federal department or
agency as the Secretary considers appropriate.
(2) Appointment.--The Secretary of Homeland Security shall
appoint voting members from among stakeholders including
representatives from the following:
(A) Labor organizations representing Federal law
enforcement personnel with border security as their
primary mission.
(B) Relevant Federal, State, local, and Tribal law
enforcement, first responders, and security experts
with at least five years of border security operations
or research experience in a state that borders the
northern, southern, or coastal borders of the United
States.
(C) Former officials of the Department of Homeland
Security with experience in border security.
(D) Other groups as the Secretary considers
appropriate.
(3) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
(4) Term of office.--
(A) In general.--The term of each voting member of
the Advisory Committee shall be 2 years, but a voting
member may continue to serve until the Secretary of
Homeland Security appoints a successor.
(B) Reappointment.--A voting member of the Advisory
Committee may be reappointed.
(C) Removal.--The Secretary of Homeland Security
may review the participation of a member of the
Advisory Committee and remove such member for cause at
any time.
(d) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Border Security Advisory Committee.
SEC. 433. BORDER TUNNEL DETECTION.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 420C. BORDER TUNNEL TASK FORCES.
``(a) Establishment.--There is established within the Department a
program to be known as the Border Tunnel Task Force program (referred
to in this section as `BTTF').
``(b) Purpose.--The purpose of BTTF established pursuant to
subsection (a) is to enhance and integrate border security efforts by
identifying, reducing, and remediating cross-border tunnel related
threats by--
``(1) facilitating collaboration among Federal, State,
local, and Tribal law enforcement agencies to execute
coordinated activities; and
``(2) enhancing information-sharing, including the
dissemination of homeland security information, among such
agencies.
``(c) Composition and Establishment of Border Tunnel Task Force
Units.--
``(1) Composition.--BTTF units may be comprised of
personnel from the following:
``(A) U.S. Customs and Border Protection, led by
the U.S. Border Patrol.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) Other Department components and offices, as
appropriate.
``(D) Other Federal, State, local, Tribal, and
foreign law enforcement agencies, as appropriate.
``(E) Other appropriate personnel at the discretion
of the Secretary.
``(2) Establishment of units.--The Secretary is authorized
to establish BTTF units in regions in which the Secretary
determines such units can contribute to the Department's border
security efforts to identify, reduce, and remediate cross-
border tunnel threats. When establishing a BTTF unit, the
Secretary shall apply risk-based criteria that takes into
consideration the following:
``(A) Whether the areas in which such BTTF units
would be established are significantly impacted by
cross-border tunnel threats.
``(B) The availability of Federal, State, local,
and Tribal law enforcement resources to participate in
such BTTF units.
``(C) Whether other similar joint cross-border
tunnel detection initiatives already take place within
the region in which the BTTF unit would be established.
``(d) Duplication of Efforts.--In determining whether to establish
a new BTTF unit or to expand an existing BTTF unit in a given region,
the Secretary shall ensure that the BTTF unit under consideration does
not unnecessarily duplicate the efforts of other existing interagency
task forces or centers within such jurisdiction.
``(e) Operation.--After determining the regions in which to
establish BTTF units under subsection (c)(2), the Secretary may--
``(1) direct the assignment of Federal personnel to such
BTTF units;
``(2) take other actions to assist Federal, State, local,
and Tribal entities to participate in such BTTF units,
including providing financial assistance, as appropriate, for
operational, administrative, and technological costs associated
with such participation;
``(3) direct the development of policy and guidance
necessary to identify, assess, and integrate the available
partner resources in relevant border sector security
assessments and resource planning documents;
``(4) establish standard operating procedures, targets, and
performance measures for BTTF units; and
``(5) direct leadership of each BTTF unit to monitor
progress on such targets and performance measures for each such
unit.
``(f) Coordination.--The Secretary shall coordinate BTTF activities
with other similar border security and antiterrorism programs within
the Department that handle matters relating to cross-border tunnel
threat detection.
``(g) Authorization of Tunnel Remediation Access.--Notwithstanding
any other provision of law, U.S. Customs and Border Protection shall
have immediate access to Federal land for the remediation of tunnels
used to facilitate illicit cross-border activities across the
international borders of the United States.
``(h) Report.--Not later than 180 days after the date on which BTTF
is established and biannually thereafter for the following six years,
the Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that--
``(1) describes the effectiveness of BTTF in fulfilling the
purposes specified in subsection (b);
``(2) identifies challenges to the sustainment of cross-
border BTTF operations and planned corrective actions;
``(3) identifies costs associated with BTTF units broken
down by relevant categories designated at the Secretary's
discretion;
``(4) identifies ways to support joint training for BTTF
stakeholder agencies;
``(5) identifies and assesses ways BTTF, IBET, and Border
Enforcement Security Task Forces can better align operations,
including interdiction and investigation activities; and
``(6) identifies gaps in BTTF technological capability to
detect cross-border tunnel threats.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 420B, as added by this title, the following
new item:
``Sec. 420C. Border Tunnel Task Forces.''.
SEC. 434. SUBTERRANEAN OPERATIONS.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.), as amended by this title, is
further amended by adding at the end the following new section:
``SEC. 420D. NATIONAL SUBTERRANEAN OPERATIONS PROGRAM.
``(a) Establishment.--There is established within U.S. Customs and
Border Protection a program to known as the `National Subterranean
Operations Program' (referred to in this section as `the program'). The
program shall be headed by an Assistant Chief, who shall be appointed
by the Chief of the U.S. Border Patrol.
``(b) Purpose.--The purpose of the program is the following:
``(1) To apply risk-based criteria to interdict and
remediate illicit cross-border tunnels identified by
technology, intelligence leads, agency partners, and relevant
Federal entities as determined by the Assistant Chief.
``(2) To patrol and secure underground municipal
infrastructure.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 for each of fiscal years 2021 and 2022 to carry
out this section.''.
(b) Counter Tunnel Operations Strategic Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Chief of the National
Subterranean Operations Program of U.S. Customs and Border
Protection (established pursuant to section 420 of the Homeland
Security Act of 2002 (as added by subsection (a))) shall
establish the following:
(A) Risk-based criteria to be used to prioritize
the interdiction and remediation of illicit cross-
border tunnels identified by technology, intelligence
leads, agency partners, and other relevant Federal
entities as determined by the Assistant Chief.
(B) Best practices for interdicting and remediating
illicit cross-border tunnels.
(C) Processes, in coordination with Homeland
Security Investigations and relevant Federal entities
as determined by the Assistant Chief, to request and
share relevant illicit cross-border tunnel location,
operations, and technical information.
(D) Indicators of specific types of illicit cross-
border tunnels found in each U.S. Border Patrol sector
to be periodically disseminated to U.S. Border Patrol
sector chiefs to educate field personnel.
(E) A counter illicit cross-border tunnel
operations resource needs assessment that includes
consideration of the following:
(i) Technology needs for conducting counter
illicit cross-border tunnel operations.
(ii) Staffing needs, including the
following:
(I) A position description for U.S.
Border Patrol counter cross-border
tunnel operations personnel.
(II) Specialized skills required of
counter cross-border tunnel operations
personnel.
(III) The number of full-time
employees needed to conduct illicit
counter cross-border tunnel operations,
disaggregated by U.S. Border Patrol
sector.
(IV) Training requirements for
identified staffing needs.
(2) Report to congress.--Not later than one year after the
date of enactment of this Act, the Commissioner of U.S. Customs
and Border Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report on the implementation of subsection (b).
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 420C, as added by this title, the following
new item
``Sec. 420D. National Subterranean Operations Program.''.
SEC. 435. BORDER ENFORCEMENT SECURITY TASK FORCE UPDATES.
(a) Updated Purpose.--Subsection (b) of section 432 of the Homeland
Security Act of 2002 (6 U.S.C. 240) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) detecting, investigating, preventing, and responding
to terrorism, transnational criminal organizations, and other
violations of law related to border security.''.
(b) Updated Considerations for Establishment of Units.--Paragraph
(2) of section 432(c) of the Homeland Security Act of 2002 (6 U.S.C.
240(c)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) in the first sentence, by striking
``jurisdictions'' and inserting ``regions'';
(B) by striking ``Before'' and inserting ``When'';
and
(C) by striking ``shall consider'' and inserting
``shall apply risk-based criteria that takes into
consideration'';
(2) in subparagraph (B), by inserting ``and'' after the
semicolon at the end; and
(3) by striking subparagraphs (C) and (D) and inserting the
following new subparagraph:
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the BEST unit would be
established.''.
(c) Updated Report.--Subsection (e) of section 432 of the Homeland
Security Act of 2002 (6 U.S.C. 240) is amended to read as follows:
``(e) Reports.--Not later than 180 days after the date of the
enactment of this subsection and biannually thereafter for the
following six years, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
that--
``(1) describes the effectiveness of BEST units in
fulfilling the purposes specified in subsection (b);
``(2) identifies challenges to the sustainment of cross-
border BEST operations, including challenges faced by
international partners, and planned corrective actions;
``(3) identifies costs associated with BEST units, broken
down by relevant categories designated at the Secretary's
discretion;
``(4) identifies ways to support joint training for BEST
stakeholder agencies;
``(5) identifies and assesses ways BTTF under section 420C,
IBET units under section 440, and BEST units can better align
operations, including interdiction and investigation
activities; and
``(6) identifies and assesses gaps in BEST technological
capability to detect transnational criminal organizations or
terrorist threats.''.
(d) Updated Report.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter for the following six
years, the Secretary of Homeland Security shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate the report
reflected in subparagraph (e).
(e) Technical and Conforming Amendments.--Section 432 of the
Homeland Security Act of 2002 (6 U.S.C. 240) is amended--
(1) in subsection (c)--
(A) in paragraph (1)(D), by inserting a semicolon
at the end; and
(B) in paragraph (3), by striking ``jurisdiction''
each place it appears and inserting ``region''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``jurisdictions'' and inserting ``regions''.
SEC. 436. EXTENSION OF PORT OF ENTRY DONATION AUTHORITY.
Subparagraph (A) of section 482(b)(4) of the Homeland Security Act
of 2002 (6 U.S.C. 301a(b)(4)) is amended by striking ``4 years'' and
inserting ``8 years''.
TITLE V--TRANSPORTATION SECURITY
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR SALARIES, OPERATION, AND
MAINTENANCE OF THE TRANSPORTATION SECURITY
ADMINISTRATION.
Subsection (v) of section 114 of title 49, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) $8,076,294,000 for fiscal year 2022.''.
SEC. 502. RETENTION OF SECURITY SERVICE FEE BY THE TRANSPORTATION
SECURITY ADMINISTRATION.
(a) In General.--Subsection (i) of section 44940 of title 49,
United States Code, is repealed.
(b) Conforming Amendment.--Paragraph (3) of section 44940(c) is
amended by striking ``Beginning on October 1, 2027, fees'' and
inserting ``Fees''.
SEC. 503. EMERGING AND FUTURE THREATS TASK FORCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration, in consultation with the Director of National
Intelligence and the intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)))
and the heads of other Federal agencies, as determined appropriate by
the Administrator, shall establish a task force to conduct an analysis
of emerging and potential future threats to transportation security.
(b) Membership.--The task force established under subsection (a)
shall be comprised of employees of the Department of Homeland Security
who, in carrying out the analysis required under such subsection, shall
consult with the Director of National Intelligence and the intelligence
community and the heads of Federal agencies, as determined appropriate
by the Administrator.
(c) Deadline.--Not later than 270 days after the Administrator
establishes the task force under subsection (a), the task force shall
submit to the Administrator the analysis required under such
subsection.
(d) Elements.--The analysis required under subsection (a) shall
include emerging and potential future threats posed by the following:
(1) Evolving tactics by terrorist organizations that may
pose a catastrophic risk to an aviation or surface
transportation entity.
(2) Explosive and explosive devices or attacks involving
the use of explosives that may cause catastrophic damage to an
aviation or surface transportation system.
(3) Chemical or biological agents being released in either
aviation or surface transportation systems.
(4) Cyberthreat actors seeking to undermine confidence in
transportation systems or cause service disruptions that
jeopardize transportation security.
(5) Unmanned aerial systems with the capability of
inflicting harm on transportation targets.
(6) Individuals or groups seeking to attack soft targets,
public areas, or crowded spaces of transportation systems,
including attacks against Transportation Security
Administration employees and other security personnel.
(7) Foreign actors seeking to exploit vulnerabilities posed
by the inconsistent or inadequate security screening protocols
at last point of departure airports with direct flights to the
United States.
(8) Information sharing challenges within the Federal
Government and among partner governments.
(9) Information sharing challenges between the
Administration or other relevant Federal agencies and
transportation stakeholders, including air carriers, airport
operators, surface transportation operators, and State and
local law enforcement.
(10) Growth in passenger volume in both the aviation and
surface transportation sectors.
(e) Mitigation.--Not later than 120 days after the completion of
the analysis required under subsection (a), the Administrator of the
Transportation Security Administration shall develop, as appropriate, a
threat mitigation strategy for each of the threats examined in such
analysis, and--
(1) assign appropriate resources of the Administration to
address such threats, based on calculated risk; or
(2) provide recommendations through the Department of
Homeland Security to the appropriate Federal department or
agency responsible for addressing such threats.
(f) Stakeholder Engagement.--When carrying out the analysis
required under subsection (a), the Administrator of the Transportation
Security Administration shall engage transportation stakeholders
referred to in subsection (b)(9) and account for security concerns of
transportation operators by--
(1) convening not fewer than three industry day events for
such transportation stakeholders to hear from relevant public
and private sector security partners and provide feedback on
threats such transportation stakeholders identify as emerging;
(2) developing strategies to solicit feedback on a
consistent basis from such transportation stakeholders across
all modes of transportation and providing consistent responses
to stakeholder concerns;
(3) improving the quality, timeliness, and relevancy of
information sharing products disseminated by the Administration
to such transportation stakeholders, including classified
information sharing products;
(4) coordinating security incident response and
communications drills, including tabletop exercises, to improve
incident preparedness and response capabilities across
transportation modes and among transportation systems;
(5) encouraging regular communication between Federal
Security Directors, Field Intelligence Officers, Federal Air
Marshal Special Agents in Charge, and such transportation
stakeholders;
(6) establishing regular opportunities for senior
Administration leadership to engage with such transportation
stakeholders regarding changes in the threat environment and
how the Administration can offer security support to address
such changes; and
(7) briefing the Aviation Security Advisory Committee and
the Surface Transportation Security Advisory Committee on the
efforts of the task force established pursuant to subsection
(a).
(g) Briefing to Congress.--The Administrator of the Transportation
Security Administration shall brief the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the results of the analysis
required under subsection (a) and relevant mitigation strategies
developed in accordance with subsection (c).
(h) Non-Applicability of FACA and PRA.--The Federal Advisory
Committee Act (5 U.S.C. App.) and the Paperwork Reduction Act (44
U.S.C. 3501 et seq.) shall not apply to the task force established
under subsection (a).
SEC. 504. COMPTROLLER GENERAL REVIEW.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
review of Department of Homeland Security trusted traveler programs.
Such review shall examine the following:
(1) The extent to which the Department of Homeland Security
tracks data and monitors trends related to trusted traveler
programs, including root causes for identity-matching errors
resulting in an individual's enrollment in a trusted traveler
program being reinstated.
(2) Whether the Department coordinates with the heads of
other relevant Federal, State, local, Tribal, or territorial
entities regarding redress procedures for disqualifying
offenses not covered by the Department's own redress processes
but which offenses impact an individual's enrollment in a
trusted traveler program.
(3) How the Department may improve individuals' access to
reconsideration procedures regarding a disqualifying offense
for enrollment in a trusted traveler program that requires the
involvement of any other Federal, State, local, Tribal, or
territorial entity.
(4) The extent to which travelers are informed about
reconsideration procedures regarding enrollment in a trusted
traveler program.
SEC. 505. ENROLLMENT REDRESS.
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall, with respect to an individual whose enrollment
in a trusted traveler program was revoked in error extend by an amount
of time equal to the period of revocation the period of active
enrollment in such a program upon re-enrollment in such a program by
such an individual.
SEC. 506. TRAINING REQUIRED.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall develop and implement training for frontline
Administration personnel regarding the screening of pregnant women and
families with young children at passenger screening checkpoints. Such
training shall include the following:
(1) Information relating to concerns of pregnant women
relating to the use of Advanced Imaging Technology and
appropriate opt-out procedures and alternative screening
procedures.
(2) Guidelines to assist pregnant women and families
traveling with young children effectively and efficiently
complete the screening process in a manner that is respectful
and improves the overall functioning of the screening
checkpoint.
(3) Communication and procedural guidelines for frontline
Administration personnel to assist with passenger divestiture
for pregnant women and families traveling with young children
to improve the effectiveness and overall passenger experience
at the screening checkpoint.
(b) Communications Strategy.--In conjunction with the
implementation of the training required under subsection (a), the
Administrator of the Transportation Security Administration shall
develop and implement a communications strategy for pregnant women and
families traveling with young children to inform such women and
families of the procedures and guidelines described in such subsection,
including providing information to relevant passengers through social
media, the Administration's public website, the Administration's
customer service call center, and partnerships with aviation
stakeholders, including air carriers and airport operators.
(c) Passenger Support Specialists.--In carrying out subsections (a)
and (b), the Administrator of the Transportation Security
Administration shall, to the extent possible, make available passenger
support specialists, upon request, to pregnant women and families
traveling with young children to assist with screening checkpoint
information, concerns, and procedures.
(d) TSA Family Lanes Feasibility Assessment.--Not later than 180
days after the date of the enactment of this Act, the Administrator of
the Transportation Security Administration shall conduct a feasibility
assessment to determine whether screening processes and the screening
experience may be improved for travelers by developing optional,
dedicated screening lanes for families traveling with young children at
airports where the checkpoint configuration would allow and where the
overall functioning of the checkpoint would not be inhibited in terms
of passenger throughput or security effectiveness.
(e) Briefing to Congress.--Not later than 30 days after the
implementation of the training required under subsection (a), the
Administrator of the Transportation Security Administration shall brief
the Committee on Homeland Security of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
progress regarding the implementation of this Act and improvements made
to the screening process for pregnant women and families traveling with
young children.
SEC. 507. IDENTITY AND TRAVEL DOCUMENT VERIFICATION.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Establishment of Screening System for Certain Persons.--Not
later than December 31, 2020, the Administrator of the Transportation
Security Administration shall, subject to the availability of
appropriations, implement an identity and travel document verification
system designed to establish a secure, automated system at all airports
for verifying identity and travel documents of persons seeking entry
into the sterile area of an airport. Such system shall--
``(1) assess the need for security screening personnel to
perform identity and travel document verification for such
passengers, thereby assessing the overall number of such
screening personnel;
``(2) reduce the average wait time of such passengers;
``(3) reduce overall operating expenses of the
Administration;
``(4) be integrated with the Administration's watch list
matching program; and
``(5) be integrated with other technologies to further
facilitate risk-based passenger screening at checkpoints, to
the extent practicable and consistent with security
standards.''.
SEC. 508. STANDARD OPERATING PROCEDURES AT AIRPORT CHECKPOINTS.
(a) Standardization.--The Administrator of the Transportation
Security Administration shall require, to the extent practicable, that
standard operating procedures at airport checkpoints for passengers and
carry-on baggage are carried out in a uniform manner among similarly
situated airports.
(b) Report to Congress.--Not later than 270 days after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on how standard
operating procedures were made uniform in accordance with subsection
(a).
(c) Audits.--Beginning one year after the date of the enactment of
this Act, the Inspector General of the Department of Homeland Security
shall conduct periodic audits of adherence to the standard operating
procedures, as established by the Administrator of the Transportation
Security Administration, under this section of screening personnel at
large, medium, and small airports in diverse geographical areas.
SEC. 509. CANINE DETECTION RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Homeland Security shall conduct
an audit of all canine training programs of the Department of Homeland
Security and convene a working group of representatives from all such
programs to make recommendations on possible efficiencies that could be
gained by integrating training standards and facilities.
(b) Canine Staffing Allocation Model.--The Administrator of the
Transportation Security Administration shall develop a staffing
allocation model for canines to determine the optimal number of
passenger screening canines at airports in the United States.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the recommendations required
by subsection (a).
(d) Briefing to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of
the Senate on the state of explosives detection canine
production and training in the United States.
(2) Contents.--The briefing required under paragraph (1)
shall include the following:
(A) An analysis of the steps the Transportation
Security Administration may take to foster additional
production of explosives detection canines in the
United States by the private sector.
(B) Perspectives from current explosives detection
canine industry stakeholders regarding the impact of
the Administration's procurement model on business
considerations.
(C) An analysis regarding whether the
Administration effectively communicates canine training
guidelines and testing methodology to the private
sector.
(D) The extent to which physical capacity
limitations at current Administration-operated sites
hinder the operations of either the Administration or
industry.
SEC. 510. SECURITY INCIDENT RESPONSE AT AIRPORTS AND SURFACE
TRANSPORTATION HUBS.
The Gerardo Hernandez Airport Security Act of 2015 (Public Law 114-
50; 49 U.S.C. 44903 note) is amended--
(1) in section 3--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``may'' each place it
appears and inserting ``shall'';
(B) by redesignating subsection (c) as subsection
(d); and
(C) by inserting after subsection (b) the following
new subsection:
``(c) Review.--The Administrator of the Transportation Security
Administration shall review the active shooter response guidelines
specified for Department of Homeland Security personnel under this
section and make a recommendation to the Secretary of Homeland Security
to modify such guidelines for personnel who are certified Federal law
enforcement officials and for personnel who are uniformed but unarmed
security officials.''; and
(2) in section 7--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``may'' each place it
appears and inserting ``shall'';
(B) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(C) by inserting after subsection (b) the following
new subsection:
``(c) Review.--The Administrator of the Transportation Security
Administration shall review the active shooter response guidelines
specified for Department of Homeland Security personnel under this
section and make a recommendation to the Secretary of Homeland Security
to modify such guidelines for personnel who are certified Federal law
enforcement officials and for personnel who are uniformed but unarmed
security officials.''.
SEC. 511. ALTERNATE NEW SECURITY SCREENING PERSONNEL TRAINING PROGRAM
COST AND FEASIBILITY STUDY.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Transportation Security Administration
shall conduct a cost and feasibility study of developing a training
program for security screening personnel that will provide such
personnel with an equal level of training as is provided in the
training program for new security screening personnel located at the
Federal Law Enforcement Training Center in Glynco, Georgia, that could
be conducted at or within 50 miles of such security screening
personnel's duty station. Such study should examine the use of online
seminar and training platforms for portions of the training curriculum
that are conducive to such an outcome.
SEC. 512. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY
SCREENERS.
Section 44935 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
``(1) In general.--The Administrator of the Transportation
Security Administration shall ensure, to the greatest extent
practicable, that information concerning a covert test of a
transportation security system to be conducted by a covert
testing office, the Inspector General of the Department of
Homeland Security, or the Government Accountability Office is
not provided to any individual involved in such test prior to
the completion of such test.
``(2) Exceptions.--Notwithstanding paragraph (1)--
``(A) an authorized individual involved in a covert
test of a transportation security system may provide
information concerning such covert test to--
``(i) employees, officers, and contractors
of the Federal Government (including military
personnel);
``(ii) employees and officers of State and
local governments; and
``(iii) law enforcement officials who are
authorized to receive or directed to be
provided such information by the Administrator
of the Transportation Security Administration,
the Inspector General of the Department of
Homeland Security, or the Comptroller General
of the United States, as the case may be; and
``(B) for the purpose of ensuring the security of
any individual in the vicinity of a site at which a
covert test of a transportation security system is
being conducted, an individual conducting such test may
disclose his or her status as an individual conducting
such test to any appropriate individual if a security
screener or other individual who is not a covered
employee identifies the individual conducting such test
as a potential threat.
``(3) Special rules for tsa.--
``(A) Monitoring and security of testing
personnel.--The head of each covert testing office
shall ensure that a person or group of persons
conducting a covert test of a transportation security
system for a covert testing office is accompanied at
the site of such test by a cover team composed of one
or more employees of such covert testing office for the
purpose of monitoring such test and confirming the
identity of personnel involved in such test under
subparagraph (B).
``(B) Responsibility of cover team.--Under this
paragraph, a cover team for a covert test of a
transportation security system shall--
``(i) monitor such test; and
``(ii) for the purpose of ensuring the
security of any individual in the vicinity of a
site at which such test is being conducted,
confirm, notwithstanding paragraph (1), the
identity of any individual conducting such test
to any appropriate individual if a security
screener or other individual who is not a
covered employee identifies the individual
conducting such test as a potential threat.
``(C) Aviation screening.--Notwithstanding
subparagraph (A), the Transportation Security
Administration is not required to have a cover team
present during a test of the screening of persons,
carry-on items, or checked baggage at an aviation
security checkpoint at or serving an airport if such
test is--
``(i) approved, in coordination with the
designated security official for the airport
operator by the Federal Security Director for
such airport; and
``(ii) carried out under an aviation
screening assessment program of the Department
of Homeland Security.
``(D) Use of other personnel.--The Transportation
Security Administration may use employees, officers,
and contractors of the Federal Government (including
military personnel) and employees and officers of State
and local governments or any personnel authorized by
the Federal Security Director to conduct covert tests.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Appropriate individual.--The term
`appropriate individual', as used with respect to--
``(i) a covert test under paragraph (2)(B)
of a transportation security system, means any
individual who the individual conducting such
test determines needs to know his or her status
as an individual conducting such test; or
``(ii) a covert test under paragraph
(3)(B)(i), means any individual who the cover
team monitoring such test determines needs to
know the identity of such cover team.
``(B) Covered employee.--The term `covered
employee' means any individual who receives notice of a
covert test before the completion of a test under
paragraph (2)(B).
``(C) Covert test.--
``(i) In general.--The term `covert test'
means an exercise or activity conducted by a
covert testing office, the Inspector General of
the Department of Homeland Security, or the
Government Accountability Office to
intentionally test, compromise, or circumvent
transportation security systems to identify
vulnerabilities in such systems.
``(ii) Limitation.--Notwithstanding clause
(i), the term `covert test' does not mean an
exercise or activity by an employee or
contractor of the Transportation Security
Administration to test or assess compliance
with relevant regulations.
``(D) Covert testing office.--The term `covert
testing office' means any office of the Transportation
Security Administration designated by the Administrator
of the Transportation Security Administration to
conduct covert tests of transportation security
systems.
``(E) Employee of a covert testing office.--The
term `employee of a covert testing office' means an
individual who is an employee of a covert testing
office or a contractor or an employee of a contractor
of a covert testing office.''.
SEC. 513. EXPLOSIVE DETECTION TECHNOLOGY.
The Secretary of Homeland Security shall prioritize the research
and facilitation of next generation technologies to detect explosives
in the Nation's surface transportation systems.
SEC. 514. RECURRENT VETTING FOR SURFACE TRANSPORTATION CREDENTIAL-
HOLDERS.
Section 70105 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(r) Recurrent Vetting.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall
develop and implement a plan to utilize the Federal Bureau of
Investigation's Rap Back Service in order to establish
recurrent vetting capabilities for individuals holding valid
transportation security cards under this section.
``(2) Exemption.--Individuals holding valid transportation
security cards under this section who are subject to recurrent
vetting under the plan to utilize the Rap Back Service referred
to in paragraph (1) shall be exempt from any recurrent
determinations or background checks under this section to which
such individuals would otherwise be subject every five years in
the absence of such utilization.''.
SEC. 515. BIOMETRICS FOR TSA PRECHECK.
(a) In General.--Not later than September 30, 2023, the
Administrator of the Transportation Security Administration shall begin
the utilization of biometrics to verify the identity of travelers
enrolled in the Administration's trusted traveler program, known as TSA
PreCheck, at security screening checkpoints in a manner which--
(1) protects the privacy and civil liberties of the
traveling public;
(2) improves the security and functionality of the security
screening checkpoint;
(3) leverages, to the extent practicable, existing
biometric repositories of the Department of Homeland Security;
and
(4) utilizes best available biometric technology and
algorithms to reduce instances of misidentification.
(b) Working Group Established.--Not later than 30 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall establish a working group
comprised of relevant transportation security stakeholders and any
personnel determined necessary by the Administrator to inform and make
recommendations for the successful implementation of a biometrics
identity process.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act and annually thereafter through 2023, the
Administrator of the Transportation Security Administration shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the Administration's
biometrics program.
SEC. 516. SECURE FLIGHT PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall ensure that security screening checkpoints have
real-time connectivity to the Administration's Secure Flight vetting
system.
(b) Secure Flight Review.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration shall develop and implement a plan to improve
the capabilities of the Administration's Secure Flight program,
including--
(1) improving coordination between Secure Flight and air
carriers;
(2) reducing screening errors resulting from inaccurate or
delayed Secure Flight data; and
(3) identifying additional resources needed to upgrade
information technology systems of Secure Flight.
SEC. 517. KNOWN CREW MEMBER PROGRAM.
(a) In General.--Not later than 180 days after the enactment of
this Act, the Administrator of the Transportation Security
Administration shall implement new security standards for the
Administration's Known Crew Member program, including--
(1) updated standards for verifying crew identity at Known
Crew Member-enabled checkpoints; and
(2) cybersecurity standards for the Known Crew Member
program.
(b) Coordination.--In carrying out the requirements of subsection
(a), the Administrator of the Transportation Security Administration
shall coordinate with relevant transportation security stakeholders,
including air carriers and labor organizations representing pilots and
flight attendants.
SEC. 518. SCREENING PARTNERSHIP PROGRAM.
(a) In General.--The Administrator of the Transportation Security
Administration shall promote and encourage airport participation in the
Administration's Screening Partnership Program.
(b) Blue Ribbon Panel.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration shall convene a Blue Ribbon Panel to examine
ways in which the Screening Partnership Program can be improved,
including--
(1) allowing greater input for airport terminal owners and
operators into selecting a screening vendor;
(2) reducing costs to the taxpayer by expanding the
Screening Partnership Program; and
(3) examining security screening programs of foreign
partners to outline best practices for public private
partnership for passenger screening.
SEC. 519. HEADQUARTERS EFFICIENCY.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
seek to reduce by 50 percent administrative support contract costs for
headquarters personnel.
SEC. 520. REPEAL OF REGULATIONS.
Sections 1408, 1517, and 1534 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 are repealed.
SEC. 521. SENSITIVE SECURITY INFORMATION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration (TSA) shall--
(1) ensure clear and consistent designation of ``Sensitive
Security Information'', including reasonable security
justifications for so designating documents as such;
(2) develop and implement a schedule to regularly review
and update, as necessary, TSA Sensitive Security Information
Identification guidelines;
(3) develop a tracking mechanism for all Sensitive Security
Information redaction and designation challenges;
(4) document justifications for changes in position
regarding Sensitive Security Information redactions and
designations, and make such changes accessible to TSA personnel
for use with relevant stakeholders, including air carriers,
airport operators, surface transportation operators, and State
and local law enforcement, as necessary; and
(5) ensure that TSA personnel are adequately trained on
appropriate designation policies.
(b) Stakeholder Outreach.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the Transportation
Security Administration (TSA) shall conduct outreach to relevant
stakeholders described in subsection (a)(4) that regularly are granted
access to Sensitive Security Information to raise awareness of the
TSA's policies and guidelines governing the classification and use of
Sensitive Security Information.
SEC. 522. INTERNATIONAL AVIATION SECURITY.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall develop and implement guidelines with respect to
last point of departure airports to--
(1) ensure the inclusion, as appropriate, of air carriers
and other transportation security stakeholders in the
development and implementation of security directives and
emergency amendments;
(2) document input provided by air carriers and other
transportation security stakeholders during the security
directive and emergency amendment development and
implementation processes;
(3) define, with the inclusion of feedback from air
carriers and other transportation security stakeholders, a
process, including time frames, for cancelling or incorporating
security directives and emergency amendments into security
programs;
(4) conduct engagement with foreign partners on the
implementation of security directives and emergency amendments,
as appropriate, including recognition if existing security
measures at a last point of departure airport are found to
provide commensurate security as intended by potential new
security directives and emergency amendments; and
(5) ensure that new security directives and emergency
amendments are focused on defined security outcomes.
(b) Briefing to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration shall brief the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the guidelines described in this
section.
(c) Decisions Not Subject to Judicial Review.--Notwithstanding any
other provision of law, any action of the Administrator of the
Transportation Security Administration under subsection (a) is not
subject to judicial review.
SEC. 523. OFFICE OF INSPECTION ACCOUNTABILITY.
(a) In General.--The Administrator of the Transportation Security
Administration shall strengthen internal controls related to
documentation accuracy of the Office of Inspection of the
Administration by developing and implementing--
(1) updates to criminal investigators' performance plans to
reflect timely and accurate timesheet submission;
(2) guidance and expectation for supervisory biweekly
timesheet review; and
(3) a formal plan for reviewing user access, not less than
annually, to ensure appropriate system access and permission
levels.
(b) Information Systems.--The Administrator of the Transportation
Security Administration shall work to establish systems to assist the
Office of Inspection of the Administration with timesheet submission
and approval processes and improve data transfer and communication
between the timekeeping system and the Case Management System.
(c) Premium Pay Eligibility.--The Administrator of the
Transportation Security Administration shall develop, formalize, and
implement processes to ensure compliance with relevant policies
requiring criminal investigators and supervisors annually complete
documentation certifying availability for Law Enforcement Availability
Pay.
(d) Resource Allocation.--The Administrator of the Transportation
Security Administration shall develop and implement guidance to ensure
proper review of annual calculations for resource allocation within the
Office of Inspection of the Administration.
SEC. 524. CHECKPOINTS OF THE FUTURE.
(a) In General.--The Administrator of the Transportation Security
Administration shall develop passenger self-screening solutions for
PreCheck passengers in a manner which--
(1) does not reduce the overall security posture of the
checkpoint; and
(2) improves the efficiency and overall effectiveness of
the checkpoint.
(b) Report to Congress.--Not later than 180 days after the
enactment of this Act and annually thereafter for 5 years, the
Administrator of the Transportation Security Administration shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the status of the requirements
described in subsection (a).
SEC. 525. AIR CARGO SECURITY.
Not later than one year after the date of the enactment of this Act
the Inspector General for the Department of Homeland Security shall
conduct an audit of the Air Cargo Division of the Transportation
Security Administration of the Department. This audit shall include--
(1) a review of resource and staffing allocations for the
Air Cargo Division;
(2) an examination of how the Air Cargo Division's
effectiveness in managing the Certified Cargo Screening Program
and Known Shipper Program; and
(3) how effectively the Air Cargo Division works
collaboratively with U.S. Customs and Border Protection to
target high-risk cargo.
SEC. 526. CHILDCARE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall convene a working group comprised of personnel
determined appropriate by the Administrator to develop--
(1) recommendations for establishing childcare facilities
for employees at the Administration's headquarters facility;
(2) recommendations for establishing a facility or
otherwise assisting with childcare options for employees at
airports; and
(3) options for the Administration to improve flexibility
for employees with children in need of care.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
recommendations and findings of the working group established in
subsection (a).
SEC. 527. PASSENGERS WITH PHYSICAL OR COGNITIVE DISABILITIES.
Not later than one year after the date of the enactment of this
Act, the Administrator of the Transportation Security Administration
shall convene an event at each airport at which the Administration
conducts security screening to increase awareness, understanding of
screening protocols, and efficiency of the passenger screening
experience for passengers with physical or cognitive disabilities.
SEC. 528. TSA HUMAN CAPITAL STRATEGIC PLAN.
(a) Human Capital Strategic Plan Defined.--In this section, the
term ``human capital strategic plan'' means a plan to evaluate and
implement strategies for the Transportation Security Administration's
selecting, developing, training, and managing a high-quality,
productive workforce in accordance with merit system principles
described in section 250.202 of title 5, Code of Federal Regulations
(relating to primary duties of an agency's Chief Human Capital
Officer).
(b) Transportation Security Strategic Planning.--Paragraph (3) of
section 114(s) of title 49, United States Code, is amended by adding at
the end the following new subparagraph:
``(J) A Human Capital Strategic Plan that considers
the recommendations contained in the Findings and
Recommendations of the 2019 Blue Ribbon Panel for the
Transportation Security Administration on Human Capital
Service Delivery Evaluation or any successor document.
Priority for consideration shall be given to the
recommendations from the Panel that address the use of
scheduling and timekeeping tools, the review and
updating of recruiting materials, the development of
standardized job descriptions, the examination of
Transportation Security Administration employer
branding and recruiting methods, the development of a
process to receive feedback on Human Capital functions,
and the improvement of leadership development and
feedback mechanisms.''.
SEC. 529. SCREENING TECHNOLOGY DEPLOYMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall implement a policy to produce deployment plans for
screening technology. Such plans should--
(1) include airport risk assessments and all relevant risk
factors;
(2) consider relative airport risk when determining
deployment order;
(3) provide rationale for deployment decisions, including
any specific risk factors considered;
(4) include a strategy for deployment to small and medium
airports to ensure consistency of security operations across
airports of all sizes; and
(5) include procurement strategy for each screening
technology to be deployed.
(b) Continuous Evaluation of Deployed Equipment.--Not later than
180 days after the date of the enactment of this Act, the Administrator
of the Transportation Security Administration shall develop a strategy
for continuous evaluation of deployed screening technology. In
developing such strategy, the Administrator shall consider the
following:
(1) The effectiveness of screening during the lifespan of
screening technology.
(2) How maintenance contracts for procured screening
technology can support the Administration's efforts to ensure
continued effectiveness after deployment of such technology.
(3) Periodic testing for the effectiveness of deployed
screening technology based on relative risk.
(c) Audits.--Beginning one year after the date of the enactment of
this Act, the Inspector General of the Department of Homeland Security
shall conduct an audit of the Transportation Security Administration's
efforts to develop and implement deployment plans for screening
technology. Such audit shall determine if--
(1) the Administration has effectively produced risk-based
deployment plans for screening technologies;
(2) the screening technology deployment adhered to
deployment plans; and
(3) the deployment rate of screening technologies by type
across airport size and geographical areas.
(d) Briefing to Congress.--Not later than 270 days after the date
of the enactment of this Act, the Administrator of the Transportation
Security Administration shall brief the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the requirements described in this
section.
SEC. 530. REVIEW OF AVIATION SECURITY STAKEHOLDER ACCESS TO HOMELAND
SECURITY INFORMATION NETWORK.
The Secretary of Homeland Security, in coordination with the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security, shall review access to the Homeland Security Information
Network to determine if access by aviation security stakeholders in
addition to such stakeholders who already as of the date of the
enactment of this Act already have such access would benefit aviation
security.
SEC. 531. AIRPORT PUBLIC AREA SECURITY ENHANCEMENT.
(a) Airport Public Area Security Working Group Engagement Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall implement a
plan to enhance TSA engagement with the public area security
working group established in accordance with section 1931 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 114 note; Public
Law 115-254). Such plan shall include descriptions of roles and
responsibilities for group members, mechanisms for
collaboration, and determinations regarding the frequency of
working group meetings.
(2) Briefing to congress.--Not later than 30 days after
implementation of the plan required under paragraph (1) is
complete, the Administrator shall brief the appropriate
committees of Congress on the details of such plan.
(b) Survey of Airport Public Area Security Efforts.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall begin
conducting a survey of public and private stakeholders
responsible for securing airport public areas to assess the
following:
(A) The number of airport operations centers.
(B) The activities in which such airport operations
centers regularly engage.
(C) The stakeholders involved in such airport
operations centers, including information relating to
staffing and participation of such stakeholders.
(D) Availability of resources for such airport
operations centers.
(E) Technology used to monitor and secure airport
public areas.
(F) Interoperability or other challenges associated
with communication or other information technology
systems supporting such airport operations centers.
(G) Policies and best practices used to provide
situational awareness and coordinate airport public
area security efforts.
(2) Briefing to congress.--Not later than 30 days after
completion of the survey required under subsection (1), the
Administrator shall brief the appropriate committees of
Congress a report on the findings of such survey.
(c) TSA Support of Airport Operations Centers.--
(1) In general.--Not later than 90 days after the briefing
required under subsection (b)(2) and not less frequently than
once every five years thereafter, the Administrator shall
develop and update, respectively, a strategy for Administration
engagement with airport operations centers. Such strategy
shall--
(A) include specific goals and objectives for the
support of such airport operations centers managed by
public and private stakeholders responsible for
securing airport public areas; and
(B) detail means of support--
(i) to direct deployment of Administration
personnel to such airport operations centers;
(ii) to provide to such stakeholders, as
appropriate, access to Department unclassified
or classified information sharing systems,
including the Homeland Security Information
Network and Homeland Security Data Network; and
(iii) for any activities determined
appropriate by the Administrator.
(2) Briefing to congress.--Not later than 30 days after the
strategy under subsection (1) is complete, the Administrator
shall brief the appropriate committees of Congress on the
implementation of such strategy.
(d) Definitions.--In this section:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean the Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Operations center.--The term ``operations center''
means a integrated and unified operation center established at
a transportation facility based on the framework made available
to public and private stakeholders pursuant to section 1987 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 114 note; Public
Law 115-254).
(6) Public and private stakeholders.--The term ``public and
private stakeholders'' has the meaning given such term in
section 114(t)(1)(C) of title 49, United States Code.
TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND RECOVERY
Subtitle A--Grants, Training, Exercises, and Coordination
SEC. 601. URBAN AREA SECURITY INITIATIVE.
Section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) is
amended--
(1) in subsection (b)(2)(A), in the matter preceding clause
(i), by inserting ``, using the most up-to-date data
available,'' after ``assessment'';
(2) in subsection (d)(2), by amending subparagraph (B) to
read as follows:
``(B) Funds retained.--To ensure transparency and
avoid duplication, a State shall provide each relevant
high-risk urban area with a detailed accounting of the
items, services, or activities on which any funds
retained by the State under subparagraph (A) are to be
expended. Such accounting shall be provided not later
than 90 days after the date of which such funds are
retained.''; and
(3) by striking subsection (e) and inserting the following
new subsections:
``(e) Threat and Hazard Identification Risk Assessment and
Capability Assessment.--As a condition of receiving a grant under this
section, each high-risk urban area shall submit to the Administrator a
threat and hazard identification and risk assessment and capability
assessment--
``(1) at such time and in such form as is required by the
Administrator; and
``(2) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second Edition,
or such successor document or guidance as is issued by the
Administrator.
``(f) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $800,000,000 for each of
fiscal years 2021 through 2022.''.
SEC. 602. STATE HOMELAND SECURITY GRANT PROGRAM.
Section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) is
amended by striking subsection (f) and inserting the following new
subsections:
``(f) Threat and Hazard Identification and Risk Assessment and
Capability Assessment.--
``(1) In general.--As a condition of receiving a grant
under this section, each State shall submit to the
Administrator a threat and hazard identification and risk
assessment and capability assessment--
``(A) at such time and in such form as is required
by the Administrator; and
``(B) consistent with the Federal Emergency
Management Agency's Comprehensive Preparedness Guide
201, Second Edition, or such successor document or
guidance as is issued by the Administrator.
``(2) Collaboration.--In developing the threat and hazard
identification and risk assessment under paragraph (1), a State
shall solicit input from local and Tribal governments,
including first responders, and, as appropriate,
nongovernmental and private sector stakeholders.
``(3) First responders defined.--In this subsection, the
term `first responders' includes representatives of local
governmental and nongovernmental fire, law enforcement,
emergency management, and emergency medical personnel.
``(g) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $600,000,000 for each of
fiscal years 2021 through 2022.''.
SEC. 603. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
Section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606) is
amended by--
(1) redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) inserting after subsection (g) the following new
subsection:
``(h) Period of Performance.--The Secretary shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.''.
SEC. 604. LAW ENFORCEMENT TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--Subsection (a)
of section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
expend'' after ``that''; and
(B) by striking ``is used'';
(2) in paragraph (2), by amending subparagraph (I) to read
as follows:
``(I) activities as determined appropriate by the
Administrator, in coordination with the Assistant
Secretary for State and Local Law Enforcement within
the Office of Partnership and Engagement of the
Department, through outreach to relevant stakeholder
organizations; and''; and
(3) by adding at the end the following new paragraph:
``(4) Annual report.--The Administrator, in coordination
with the Assistant Secretary for State and Local Law
Enforcement, shall report annually from fiscal year 2021
through fiscal year 2022 on the use of grants under sections
2003 and 2004 for law enforcement terrorism prevention
activities authorized under this section, including the
percentage and dollar amount of funds used for such activities
and the types of projects funded.''.
(b) Office for State and Local Law Enforcement.--Subsection (b)
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1), by striking ``Policy Directorate''
and inserting ``Office of Partnership and Engagement''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by inserting ``, including
through consultation with such agencies regarding
Department programs that may impact such agencies''
before the semicolon at the end; and
(B) in subparagraph (D), by striking ``ensure'' and
inserting ``certify''.
SEC. 605. PRIORITIZATION.
(a) In General.--Subsection (a) of section 2007 of the Homeland
Security Act of 2002 (6 U.S.C. 608) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) its population, including consideration of
domestic and international tourists, commuters, and
military populations, including military populations
residing in communities outside military
installations;'';
(B) in subparagraph (E), by inserting ``, including
threat information from other relevant Federal agencies
and field offices, as appropriate'' before the
semicolon at the end; and
(C) in subparagraph (I), by striking ``target'' and
inserting ``core''; and
(2) in paragraph (2), by striking ``target'' and inserting
``core''.
(b) Review.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security, through the
Administrator of the Federal Emergency Management Agency, shall review
and report to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate on the risk formula and methodology used
to award grants under sections 2003 and 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 604 and 605), including a discussion of any
necessary changes to such formula to ensure grant awards are
appropriately based on risk.
(c) Comptroller General Review.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the United
States shall review and assess the risk formula and methodology used to
award grants under sections 2003 and 2004 of the Homeland Security Act
of 2002, including--
(1) the process utilized by the Department of Homeland
Security to gather threat information for each potential State
and high-risk urban area;
(2) the extent to which such risk formula and methodology
considers the factors specified in section 2007 of the Homeland
Security Act of 2002 (6 U.S.C. 608), in particular--
(A) the extent to which the jurisdiction has unmet
core capabilities due to resource constraints;
(B) the degree to which a jurisdiction has been
able to address capability gaps with previous grant
awards; and
(C) in the case of a high-risk urban area, the
extent to which such high-risk urban area includes--
(i) incorporated municipalities, counties,
parishes, and Indian Tribes within the relevant
eligible metropolitan area the inclusion of
which will enhance regional efforts to prevent,
prepare for, protect against, and respond to
acts of terrorism; and
(ii) other local and Tribal governments in
the surrounding area that are likely to be
called upon to respond to acts of terrorism
within the high-risk urban area; and
(3) how grant award amounts are determined.
SEC. 606. ALLOWABLE USES.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``target'' and inserting ``core'';
(B) by redesignating paragraphs (6) through (14) as
paragraphs (8) through (16), respectively;
(C) in paragraph (5), by inserting before the
semicolon at the end the following: ``, provided such
purchases align with the Statewide Communication
Interoperability Plan and are coordinated with the
Statewide Interoperability Coordinator or Statewide
interoperability governance body of the State of the
recipient''; and
(D) by inserting after paragraph (5) the following
new paragraphs:
``(6) enhancing medical preparedness, medical surge
capacity, and mass prophylaxis capabilities, including the
development and maintenance of an initial pharmaceutical
stockpile, including medical kits and diagnostics sufficient to
protect first responders, their families, immediate victims,
and vulnerable populations from a chemical or biological event;
``(7) enhancing cybersecurity, including preparing for and
responding to cybersecurity risks and incidents (as such terms
are defined in section 227) and developing statewide cyber
threat information analysis and dissemination activities;'';
(E) in paragraph (8), as so redesignated, by
striking ``Homeland Security Advisory System'' and
inserting ``National Terrorism Advisory System''; and
(F) in paragraph (14), as so redesignated, by
striking ``3'' and inserting ``5'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``(a)(10)''
and inserting ``(a)(12)''; and
(B) in paragraph (4)(B)(i), by striking ``target''
and inserting ``core''; and
(3) in subsection (c), by striking ``target'' and ``core''.
SEC. 607. MEMORANDA OF UNDERSTANDING.
(a) In General.--Subtitle B of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 611 et seq.) is amended by adding at the end the
following new section:
``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS
AND OFFICES.
``The Administrator shall enter into memoranda of understanding
with the heads of the following departmental components and offices
delineating the roles and responsibilities of such components and
offices regarding the policy and guidance for grants under section 1406
of the Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135), sections 2003 and 2004 of this Act, and section 70107
of title 46, United States Code, as appropriate:
``(1) The Commissioner of U.S. Customs and Border
Protection.
``(2) The Administrator of the Transportation Security
Administration.
``(3) The Commandant of the Coast Guard.
``(4) The Under Secretary for Intelligence and Analysis.
``(5) The Director of the Office of Emergency
Communications.
``(6) The Assistant Secretary for State and Local Law
Enforcement.
``(7) The Targeted Violence and Terrorism Prevention
Director.
``(8) The Officer for Civil Rights and Civil Liberties.
``(9) The Chief Medical Officer.
``(10) The heads of other components or offices of the
Department, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2023 the following new item:
``Sec. 2024. Memoranda of understanding with departmental components
and offices.''.
SEC. 608. GRANTS METRICS.
(a) In General.--To determine the extent to which grants under
sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C.
603 and 604) have closed capability gaps identified in State
Preparedness Reports required under subsection (c) of section 652 of
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752;
title VI of the Department of Homeland Security Appropriations Act,
2007; Public Law 109-295) and Threat and Hazard Identification and Risk
Assessments required under subsections (e) and (f) of such sections
2003 and 2004, respectively, as added by this title, from each State
and high-risk urban area, the Administrator of the Federal Emergency
Management Agency shall conduct and submit to the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an assessment of information
provided in such Reports and Assessments.
(b) Assessment Requirements.--The assessment required under
subsection (a) shall include a comparison of successive State
Preparedness Reports and Threat and Hazard Identification and Risk
Assessments that aggregates results across the States and high-risk
urban areas.
SEC. 609. GRANT MANAGEMENT BEST PRACTICES.
The Administrator of the Federal Emergency Management Agency shall
include in the annual Notice of Funding Opportunity relating to grants
under sections 2003 and 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605) an appendix that includes the following:
(1) A summary of findings identified by the Office of the
Inspector General of the Department of Homeland Security in
audits of such grants and methods to address areas identified
for improvement, including opportunities for technical
assistance.
(2) Innovative projects and best practices instituted by
grant recipients.
SEC. 610. PROHIBITION ON CONSOLIDATION.
The Secretary of Homeland Security may not implement the National
Priorities Security Grant Program or any successor consolidated grant
program unless the Secretary receives prior authorization from Congress
permitting such implementation.
SEC. 611. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609),
as amended by this title, is further amended by adding at the end the
following new subsection:
``(h) Maintenance of Equipment.--Any applicant for a grant under
section 2003 or 2004 seeking to use funds to purchase equipment,
including pursuant to paragraph (3), (4), (5), or (12) of subsection
(a) of this section, shall by the time of the receipt of such grant
develop a plan for the maintenance of such equipment over its life-
cycle that includes information identifying which entity is responsible
for such maintenance.''.
SEC. 612. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Subparagraph (A) of section 1406(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1135(b)(2)(A); Public Law 110-53) is amended by inserting ``and
associated backfill'' after ``security training''.
SEC. 613. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANTS.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended by
striking subsection (m) and inserting the following new subsections:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2),
funds provided pursuant to a grant awarded under this section
for a use specified in subsection (b) shall remain available
for use by a grant recipient for a period of not fewer than 36
months.
``(2) Exception.--Funds provided pursuant to a grant
awarded under this section for a use specified in subparagraph
(M) or (N) of subsection (b)(1) shall remain available for use
by a grant recipient for a period of not fewer than 55 months.
``(n) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $200,000,000 for each of
fiscal years 2021 through 2022.''.
SEC. 614. COMPTROLLER GENERAL REVIEW OF PUBLIC TRANSPORTATION SECURITY
ASSISTANCE GRANT PROGRAM.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the public transportation security assistance grant
program under section 1406 of the Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53).
(b) Scope.--The review required under paragraph (1) shall include
the following:
(1) An assessment of the type of projects funded under the
public transportation security grant program referred to in
such paragraph.
(2) An assessment of the manner in which such projects
address threats to public transportation infrastructure.
(3) An assessment of the impact, if any, of this Act
(including the amendments made by this Act) on types of
projects funded under the public transportation security
assistance grant program.
(4) An assessment of the management and administration of
public transportation security assistance grant program funds
by grantees.
(5) Recommendations to improve the manner in which public
transportation security assistance grant program funds address
vulnerabilities in public transportation infrastructure.
(6) Recommendations to improve the management and
administration of the public transportation security assistance
grant program.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act and again not later than five years after such date of
enactment, the Comptroller General shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the review required under this section.
SEC. 615. PORT SECURITY GRANT PROGRAM.
Section 70107 of title 46, United States Code, is amended by--
(1) striking subsection (l);
(2) redesignating subsection (m) as subsection (l); and
(3) by adding at the end the following new subsections:
``(n) Period of Performance.--The Secretary shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.
``(o) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $200,000,000 for each of
fiscal years 2021 through 2022.''.
SEC. 616. CYBER PREPAREDNESS.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (c)--
(A) in paragraph (5)(B), by inserting ``, including
State, local, and regional fusion centers, as
appropriate'' before the semicolon at the end;
(B) in paragraph (7), in the matter preceding
subparagraph (A), by striking ``information and
recommendations'' each place it appears and inserting
``information, recommendations, and best practices'';
and
(C) in paragraph (9), by inserting ``best
practices,'' after ``defensive measures,''; and
(2) in subsection (d)(1)(B)(ii), by inserting ``and State,
local, and regional fusion centers, as appropriate'' before the
semicolon at the end.
(b) Sense of Congress.--It is the sense of Congress that to
facilitate the timely dissemination to appropriate State, local, and
private sector stakeholders of homeland security information related to
cyber threats, the Secretary of Homeland Security should, to the
greatest extent practicable, work to share actionable information in an
unclassified form related to such threats.
SEC. 617. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(b) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's most recent
Homeland Security Grant Program Notice of Funding Opportunity;
and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(c) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(d) Report.--For each of fiscal years 2021 and 2022, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains
information on the expenditure of grants made under this section by
each grant recipient.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2021 and 2022 for
grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, 2009, and 2010 to State,
local, and Tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following new item:
``Sec. 2009. Operation Stonegarden.''.
Subtitle B--Communications
SEC. 621. OFFICE OF EMERGENCY COMMUNICATIONS.
The Secretary of Homeland Security may not change the location or
reporting structure of the Office of Emergency Communications of the
Department of Homeland Security unless the Secretary receives prior
authorization from the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate permitting such change.
SEC. 622. RESPONSIBILITIES OF OFFICE OF EMERGENCY COMMUNICATIONS
DIRECTOR.
(a) In General.--Subsection (c) of section 1801 of the Homeland
Security Act of 2002 (6 U.S.C. 571) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (16) as
paragraphs (3) through (15), respectively;
(3) in paragraph (8), as so redesignated, by striking ``,
in cooperation with the National Communications System,'';
(4) in paragraph (11), as so redesignated, by striking
``Assistant Secretary for Grants and Training'' and inserting
``Administrator of the Federal Emergency Management Agency'';
(5) in paragraph (14), as so redesignated, by striking
``and'' at the end;
(6) in paragraph (15), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(16) administer the Government Emergency
Telecommunications Service (GETS) and Wireless Priority Service
(WPS) programs, or successor programs; and
``(17) assess the impact of emerging technologies on
interoperable emergency communications.''.
(b) Performance of Previously Transferred Functions.--Subsection
(d) of section 1801 of the Homeland Security Act of 2002 is amended
by--
(1) striking paragraph (2); and
(2) redesignating paragraph (3) as paragraph (2).
SEC. 623. ANNUAL REPORTING ON ACTIVITIES OF THE OFFICE OF EMERGENCY
COMMUNICATIONS.
Subsection (f) of section 1801 of the Homeland Security Act of 2002
(6 U.S.C. 571) is amended to read as follows:
``(f) Annual Reporting of Office Activities.--The Director of the
Office of Emergency Communications shall, not later than one year after
the date of the enactment of this subsection and annually thereafter
for each of the next four years, report to the Committee on Homeland
Security and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the activities and programs of the Office,
including specific information on efforts to carry out paragraphs (4),
(5), and (6) of subsection (c).''.
SEC. 624. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
Section 1802 of the Homeland Security Act of 2002 (6 U.S.C. 572) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``, and in cooperation with the
Department of National Communications System (as
appropriate),''; and
(B) by inserting ``, but not less than once every
five years,'' after ``periodically''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) consider the impact of emerging technologies on the
attainment of interoperable emergency communications;''.
SEC. 625. TECHNICAL EDIT.
Paragraph (1) of section 1804(b) of the Homeland Security Act of
2002 (6 U.S.C. 574(b)), in the matter preceding subparagraph (A), by
striking ``Assistant Secretary for Grants and Planning'' and inserting
``Administrator of the Federal Emergency Management Agency''.
SEC. 626. PUBLIC SAFETY BROADBAND NETWORK.
The Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security shall provide to the
Committee on Homeland Security and the Committee on Energy and Commerce
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the Department of
Homeland Security's responsibilities related to the development of the
nationwide Public Safety Broadband Network authorized in section 6202
of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1422; Public Law 112-96), including information on efforts by the
Department to work with the First Responder Network Authority of the
Department of Commerce to identify and address cyber risks that could
impact the near term or long term availability and operations of such
network and recommendations to mitigate such risks.
SEC. 627. COMMUNICATIONS TRAINING.
The Under Secretary for Management of the Department of Homeland
Security, in coordination with the appropriate component heads, shall
develop a mechanism, consistent with the strategy required pursuant to
section 4 of the Department of Homeland Security Interoperable
Communications Act (Public Law 114-29; 6 U.S.C. 194 note), to verify
that radio users within the Department receive initial and ongoing
training on the use of the radio systems of such components, including
interagency radio use protocols.
Subtitle C--Federal Emergency Management Agency (FEMA)
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``FEMA Reauthorization Act of
2019''.
SEC. 632. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 699 of the Post-Katrina Emergency Management Reform Act of
2006 (Public Law 109-295; 6 U.S.C. 811) is amended--
(1) by striking ``administration and operations'' each
place it appears and inserting ``management and
administration'';
(2) in paragraph (2), by striking ``; and'';
(3) in paragraph (3), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(4) for fiscal year 2021, $1,124,242,980; and
``(5) for fiscal year 2022, $1,146,727,840.''.
SEC. 633. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act (6 U.S.C. 1102) is amended--
(1) in subsection (b)(4), by striking ``Rescue'' and
inserting ``Recovery'';
(2) in subsection (c), by inserting ``to the extent
practicable, provide training in settings that simulate real
response environments, such as urban areas,'' after
``levels,'';
(3) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
``(1) for the Center for Domestic Preparedness--
``(A) $68,131,920 for fiscal year 2021; and
``(B) $69,494,558 for fiscal year 2022; and
``(2) for the members referred to in paragraphs (2) through
(7) of subsection (b)--
``(A) $103,020,000 for fiscal year 2021; and
``(B) $105,080,400 for fiscal year 2022.''; and
(4) in subsection (e) by striking--
(A) ``each of the following entities'' and
inserting ``members enumerated in section (b)'';
(B) ``2007--'' and inserting ``2015.''; and
(C) paragraphs (1) through (5).
SEC. 634. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary of Homeland Security is authorized
to establish a Rural Domestic Preparedness Consortium within the
Department of Homeland Security consisting of universities and
nonprofit organizations qualified to provide training to emergency
response providers from rural communities.
(b) Duties.--The Rural Domestic Preparedness Consortium authorized
under subsection (a) shall identify, develop, test, and deliver
training to State, local, and Tribal emergency response providers from
rural communities, provide on-site and mobile training, and facilitate
the delivery of training by the training partners of the Department of
Homeland Security.
(c) Authorization of Appropriations.--Of amounts appropriated for
Continuing Training Grants of the Department of Homeland Security,
$5,000,000 is authorized to be used for the Rural Domestic Preparedness
Consortium authorized under subsection (a).
SEC. 635. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following new
section:
``SEC. 529. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.
``(a) In General.--There is established in the Agency a Center for
Faith-Based and Neighborhood Partnerships, headed by a Director
appointed by the Secretary.
``(b) Mission.--The mission of the Center shall be to develop and
coordinate Departmental outreach efforts with faith-based and community
organizations and serve as a liaison between such organizations and
components of the Department for activities related to securing
facilities, emergency preparedness and response, and combating human
trafficking.
``(c) Responsibilities.--In support of the mission of the Center
for Faith-Based and Neighborhood Partnerships, the Director shall--
``(1) develop exercises that engage faith-based and
community organizations to test capabilities for all hazards,
including active shooter incidents;
``(2) coordinate the delivery of guidance and training to
faith-based and community organizations related to securing
their facilities against natural disasters, acts of terrorism,
and other man-made disasters;
``(3) conduct outreach to faith-based and community
organizations regarding guidance, applicable grant programs,
training, and exercises and Departmental capabilities available
to assist faith-based and community organizations to secure
their facilities against natural disasters, acts of terrorism,
and other man-made disasters;
``(4) facilitate engagement and coordination among the
emergency management community and faith-based and community
organizations;
``(5) deliver training and technical assistance to faith-
based and community-based organizations and provide subject-
matter expertise related to anti-human trafficking efforts to
help communities successfully partner with other Blue Campaign
components; and
``(6) perform any other duties as assigned by the
Administrator.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 528 the following new item:
``Sec. 529. Center for Faith-Based and Neighborhood Partnerships.''.
SEC. 636. EMERGENCY SUPPORT FUNCTIONS.
(a) Update.--Paragraph (13) of section 504(a) of the Homeland
Security Act of 2002 (6 U.S.C. 314(a)) is amended by inserting ``,
periodically updating (but not less often than once every five
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 753; title VI of the
Department of Homeland Security Appropriations Act, 2007; Public Law
109-295) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Coordination.--The President, acting through the
Administrator, shall develop and provide to Federal departments and
agencies with coordinating, primary, or supporting responsibilities
under the National Response Framework performance metrics to ensure
readiness to execute responsibilities under the emergency support
functions of such Framework.''.
SEC. 637. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.
Paragraph (2) of section 509(b) of the Homeland Security Act of
2002 (6 U.S.C. 319(b)) is amended, in the matter preceding subparagraph
(A), by inserting ``, but not less often than once every five years,''
after ``periodically''.
SEC. 638. REMEDIAL ACTION MANAGEMENT PROGRAM.
Section 650 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 750; title VI of the Department of Homeland Security
Appropriations Act, 2007; Public Law 109-295) is amended to read as
follows:
``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
``(a) In General.--The Administrator, in coordination with the
National Council on Disability and the National Advisory Council, shall
establish a remedial action management program to--
``(1) analyze training, exercises, and real world events to
identify lessons learned, corrective actions, and best
practices;
``(2) generate and disseminate, as appropriate, the lessons
learned, corrective actions, and best practices referred to in
paragraph (1); and
``(3) conduct remedial action tracking and long-term trend
analysis.
``(b) Federal Corrective Actions.--The Administrator, in
coordination with the heads of appropriate Federal departments and
agencies, shall utilize the program established pursuant to subsection
(a) to collect information on corrective actions identified by such
Federal departments and agencies during exercises and the response to
natural disasters, acts of terrorism, and other man-made disasters, and
shall, not later than one year after the date of the enactment of this
section and annually thereafter for each of the next four years, submit
to Congress a report on the status of such corrective actions.
``(c) Dissemination of After-Action Reports.--The Administrator
shall provide electronically, to the maximum extent practicable, to
Congress and Federal, State, local, Tribal, and private sector
officials after-action reports and information on lessons learned and
best practices from responses to acts of terrorism, natural disasters,
capstone exercises conducted under the national exercise program under
section 648(b), and other emergencies or exercises.''.
SEC. 639. STRATEGIC HUMAN CAPITAL PLAN.
Subsection (c) of section 10102 of title 5, United States Code, is
amended by striking ``2007'' and inserting ``2021''.
SEC. 640. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.
(a) Office of Disability Integration and Coordination.--
(1) In general.--Section 513 of the Homeland Security Act
of 2002 (6 U.S.C. 321b) is amended to read as follows:
``SEC. 513. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.
``(a) In General.--There is established within the Federal
Emergency Management Agency an Office of Disability Integration and
Coordination, which shall be headed by a Director.
``(b) Mission.--The mission of the Office is to ensure that
individuals with disabilities and other access and functional needs are
included in emergency management activities throughout the Agency by
providing guidance, tools, methods, and strategies for the purpose of
equal physical program and effective communication access.
``(c) Responsibilities.--In support of the mission of the Office,
the Director shall--
``(1) provide guidance and coordination on matters related
to individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
``(2) oversee Office staff and personnel responsible for
disability integration in each regional office with respect to
carrying out the mission of the Office;
``(3) liaise with the staff of the Agency including
nonpermanent employees, organizations representing individuals
with disabilities, other agencies of the Federal Government,
and State, local, and Tribal government authorities regarding
the needs of individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made disaster;
``(4) consult with organizations representing individuals
with disabilities about access and functional needs in
emergency planning requirements and relief efforts in the event
of a natural disaster, act of terrorism, or other man-made
disaster;
``(5) ensure the coordination and dissemination of best
practices and model evacuation plans for individuals with
disabilities;
``(6) collaborate with Agency leadership responsible for
training to ensure that qualified experts develop easily
accessible training materials and a curriculum for the training
of emergency response providers, State, local, and Tribal
government officials, and others on the needs of individuals
with disabilities;
``(7) coordinate with the Emergency Management Institute,
Center for Domestic Preparedness, Center for Homeland Defense
and Security, U.S. Fire Administration, National Exercise
Program, and National Domestic Preparedness Consortium to
ensure that content related to persons with disabilities,
access and functional needs, and children are integrated into
existing and future emergency management trainings;
``(8) promote the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(9) work to ensure that video programming distributors,
including broadcasters, cable operators, and satellite
television services, make emergency information accessible to
individuals with hearing and vision disabilities;
``(10) ensure the availability of accessible transportation
options for individuals with disabilities in the event of an
evacuation;
``(11) provide guidance and implement policies to ensure
that the rights and feedback of individuals with disabilities
regarding post-evacuation residency and relocation are
respected;
``(12) ensure that meeting the needs of individuals with
disabilities are included in the components of the national
preparedness system established under section 644 of the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law
109-295; 120 Stat. 1425; 6 U.S.C. 744); and
``(13) perform any other duties as assigned by the
Administrator.
``(d) Director.--After consultation with organizations representing
individuals with disabilities, the Administrator shall appoint a
Director. The Director shall report directly to the Administrator, in
order to ensure that the needs of individuals with disabilities are
being properly addressed in emergency preparedness and disaster relief.
``(e) Organizations Representing Individuals With Disabilities
Defined.--For purposes of this section, the term `organizations
representing individuals with disabilities' shall mean the National
Council on Disabilities and the Interagency Coordinating Council on
Preparedness and Individuals with Disabilities, among other appropriate
disability organizations.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 513 and inserting the following new item:
``Sec. 513. Office of Disability Integration and Coordination.''.
(b) Reporting.--
(1) Report to congress.--Not later than 120 days after the
date of the enactment of this section, the Administrator shall
submit to Congress a report on the funding and staffing needs
of the Office of Disability Integration and Coordination under
section 513 of the Homeland Security Act of 2002, as amended by
subsection (a).
(2) Comptroller general review.--Not later than 120 days
after the date of the submission of the report under paragraph
(1), the Comptroller General of the United States shall review
the report to evaluate whether the funding and staffing needs
described in the report are sufficient to support the
activities of the Office of Disability Integration and
Coordination.
SEC. 641. FEMA SENIOR LAW ENFORCEMENT ADVISOR.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by this title, is further amended by
adding at the end the following new section:
``SEC. 530. SENIOR LAW ENFORCEMENT ADVISOR.
``(a) Establishment.--There is established in the Agency a Senior
Law Enforcement Advisor to serve as a qualified expert to the
Administrator for the purpose of strengthening the Agency's
coordination among State, local, and Tribal law enforcement.
``(b) Qualifications.--The Senior Law Enforcement Advisor shall
have an appropriate background with experience in law enforcement,
intelligence, information sharing, and other emergency response
functions.
``(c) Responsibilities.--The Senior Law Enforcement Advisor shall--
``(1) coordinate on behalf of the Administrator with the
Office for State and Local Law Enforcement under section 2006
for the purpose of ensuring State, local, and Tribal law
enforcement receive consistent and appropriate consideration in
policies, guidance, training, and exercises related to
preventing, preparing for, protecting against, and responding
to natural disasters, acts of terrorism, and other man-made
disasters within the United States;
``(2) work with the Administrator and the Office for State
and Local Law Enforcement under section 2006 to ensure grants
to State, local, and Tribal government agencies, including
programs under sections 2003, 2004, and 2006(a), appropriately
focus on terrorism prevention activities; and
``(3) serve other appropriate functions as determined by
the Administrator.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 529, as added by this title, the following new
item:
``Sec. 530. Senior Law Enforcement Advisor.''.
SEC. 642. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT.
(a) Homeland Security Act of 2002.--Title V of the Homeland
Security Act of 2002 (6 U.S.C. 501 et seq.) is amended--
(1) in section 501(8) (6 U.S.C. 311(8))--
(A) by striking ``National Response Plan'' each
place it appears and inserting ``National Response
Framework''; and
(B) by striking ``502(a)(6)'' and inserting
``504(a)(6)'';
(2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting
``and incidents impacting critical infrastructure'' before the
semicolon;
(3) in section 504(a) (6 U.S.C. 314(a))--
(A) in paragraph (3) by striking ``, including--''
and inserting ``(that includes incidents impacting
critical infrastructure), including--'';
(B) in paragraph (4) by inserting ``, including
incidents impacting critical infrastructure'' before
the semicolon;
(C) in paragraph (5) by striking ``and local'' and
inserting ``local, and Tribal'';
(D) in paragraph (6) by striking ``national
response plan'' and inserting ``national response
framework, which shall be reviewed and updated as
required but not less than every 5 years'';
(E) by redesignating paragraphs (7) through (21) as
paragraphs (8) through (22), respectively;
(F) by inserting after paragraph (6) the following:
``(7) developing integrated frameworks, to include
consolidating existing Government plans addressing prevention,
protection, mitigation, and recovery with such frameworks
reviewed and updated as required, but not less than every 5
years;''; and
(G) in paragraph (14), as so redesignated, by
striking ``National Response Plan'' each place it
appears and inserting ``National Response Framework'';
(4) in section 507 (6 U.S.C. 317)--
(A) in subsection (c)--
(i) in paragraph (2)(E), by striking
``National Response Plan'' and inserting
``National Response Framework''; and
(ii) in paragraph (3)(A), by striking
``National Response Plan'' and inserting
``National Response Framework''; and
(B) in subsection (f)(1)(G), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(5) in section 508 (6 U.S.C. 318)--
(A) in subsection (b)(1), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(B) in subsection (d)(2)(A), by striking ``The
Deputy Administrator, Protection and National
Preparedness'' and inserting ``A Deputy
Administrator'';
(6) in section 509 (6 U.S.C. 319)--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``National Response
Plan'' and inserting ``National
Response Framework, National Protection
Framework, National Prevention
Framework, National Mitigation
Framework, National Recovery
Framework'';
(II) by striking ``successor'' and
inserting ``successors''; and
(III) by striking ``plan'' at the
end of that paragraph and inserting
``framework''; and
(ii) in paragraph (2), by striking
``National Response Plan'' each place it
appears and inserting ``National Response
Framework''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``National response
plan'' in the header and inserting
``National response framework''; and
(II) by striking ``National
Response Plan'' in the text and
inserting ``National Response
Framework''; and
(ii) in subparagraph (B), by striking
``National Response Plan'' and inserting
``National Response Framework'';
(7) in section 510 (6 U.S.C. 320)--
(A) in subsection (a), by striking ``enter into a
memorandum of understanding'' and inserting
``partner'';
(B) in subsection (b)(1)(A), by striking ``National
Response Plan'' and inserting ``National Response
Framework''; and
(C) in subsection (c), by striking ``National
Response Plan'' and inserting ``National Response
Framework'';
(8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking
``and local'' each place it appears and inserting ``, local,
and Tribal'';
(9) by striking section 524 (6 U.S.C. 321m); and
(10) in section 525(a) (6 U.S.C. 321n), by striking
``Secretary'' and inserting ``Administrator''.
(b) Post-Katrina Emergency Management Reform Act of 2006.--
(1) Citation correction.--Section 602(13) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
701(13)) is amended by striking ``502(a)(6)'' and inserting
``504(a)(6)''.
(2) Change of reference.--Chapter 1 of subtitle C of title
VI of the Post-Katrina Emergency Management Reform Act of 2006
(Public Law 109-295) is amended by striking ``National Response
Plan'' each place it appears and inserting ``National Response
Framework''.
(c) Savings Clause.--The amendments made by subsection (a) to
section 503(b)(2)(A) and paragraphs (3) and (4) of section 504(a) of
the Homeland Security Act of 2002 may not be construed as affecting the
authority, existing on the day before the date of enactment of this
division, of any other component of the Department of Homeland Security
or any other Federal department or agency.
Subtitle D--Genome Editing Threat Assessment
SEC. 651. GENOME EDITING THREAT ASSESSMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary for the Countering
Weapons of Mass Destruction Office of the Department of Homeland
Security, in coordination with the Under Secretary for Intelligence and
Analysis of the Department, the Under Secretary for the Science and
Technology Directorate of the Department, and other Federal partners,
as appropriate, shall develop a threat assessment on the potential
homeland security vulnerabilities associated with genome modification
and editing. Such threat assessment shall include information relating
to the following:
(1) The dual-use of emerging biotechnology.
(2) The ability of gene editing to maliciously proliferate
infectious diseases and pandemics on human, animal, and plant
populations.
(3) The cybersecurity vulnerabilities in computer systems
analyzing genomic data.
(4) Privacy concerns associated with analyzing genomic
data.
(b) Recommendations.--Upon completion of the threat assessment
required under subsection (a), the Secretary of Homeland Security shall
make a determination if any changes to future operations of the
Department of Homeland Security are required to address security
vulnerabilities identified in such assessment.
(c) Report.--Not later than 60 days after the completion of the
threat assessment required under subsection (a), the Secretary of
Homeland Security shall, consistent with the protection of classified
information, report to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the findings of such threat
assessment, any identified recommendations, plans for incorporating
such recommendations into future operations of the Department of
Homeland Security, and any proposed legislative changes informed by
such threat assessment.
TITLE VII--PANDEMIC PREPAREDNESS
SEC. 701. CHIEF MEDICAL OFFICER.
Section 1931 of the Homeland Security Act of 2002 (6 U.S.C. 587) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``and shall establish medical and human,
animal, and occupational health exposure policy,
guidance, strategies, and initiatives,'' before
``including--'';
(B) in paragraph (1), by inserting before the
semicolon at the end the following: ``, including
advice on how to prepare for, protect against, respond
to, recover from, and mitigate against the medical
effects of terrorist attacks or other high consequence
events utilizing chemical, biological, radiological, or
nuclear agents or explosives'';
(C) in paragraph (2), by inserting before the
semicolon at the end the following: ``, including
coordinating the Department's policy, strategy, and
preparedness for pandemics and emerging infectious
diseases'';
(D) in paragraph (4)--
(i) by inserting ``emergency medical
services and medical first responder
stakeholders,'' after ``the medical
community,''; and
(ii) by striking ``and'' at the end;
(E) by redesignating paragraph (5) as paragraph
(9); and
(F) by inserting after paragraph (4) the following
new paragraphs:
``(5) ensuring that the workforce of the Department has
evidence-based policy, standards, requirements, and metrics for
operational medicine programs;
``(6) directing and maintaining a coordinated system for
medical support for the Department's operational activities;
``(7) providing oversight of the Department's medical
programs and providers, including--
``(A) reviewing and maintaining verification of the
accreditation of the Department's health provider
workforce;
``(B) developing quality assurance and clinical
policy, requirements, standards, and metrics for all
medical and health activities of the Department;
``(C) providing oversight of medical records
systems for employees and individuals in the
Department's care and custody; and
``(D) providing medical direction for emergency
medical services activities of the Department;
``(8) as established under section 1932, maintaining a
medical countermeasures stockpile and dispensing system, as
necessary, to facilitate personnel readiness, and protection
for the Department's employees and working animals and
individuals in the Department's care and custody in the event
of a chemical, biological, radiological, nuclear, or explosives
attack, naturally occurring disease outbreak, or pandemic;
and''; and
(2) by adding at the end the following new subsection:
``(d) Medical Liaisons.--The Chief Medical Officer may provide
medical liaisons to the components of the Department to provide subject
matter expertise on medical and public health issues and a direct link
to the Chief Medical Officer. Such expertise may include the following:
``(1) Providing guidance on health and medical aspects of
policy, planning, and operations.
``(2) Supporting the development and alignment of medical
and health systems.
``(3) Identifying--
``(A) common gaps in medical and health standards,
policy, or guidance; and
``(B) enterprise solutions to bridge such gaps.''.
SEC. 702. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Subtitle C of Title XIX of the Homeland Security
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following new section:
``SEC. 1932. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for the Department's employees and working animals and
individuals in the Department's care and custody, in the event of a
chemical, biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic, and to support
Department mission continuity.
``(b) Oversight.--The Chief Medical Officer of the Department shall
provide programmatic oversight of the medical countermeasures program
established pursuant to subsection (a), and shall--
``(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance on dispensing of
stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and offices of
the Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
``(d) Medical Countermeasures Management.--Not later than 180 days
after the date of the enactment of this section, the Chief Medical
Officer shall develop and submit to the Secretary an integrated
logistics support plan for medical countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and quantities
of medical countermeasures to stockpile under subsection (d), the Chief
Medical Officer shall utilize, if available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance
on medical countermeasures.
``(f) Report.--Not later than 180 days after the date of the
enactment of this section, the Chief Medical Officer shall report to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate on progress in achieving the requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by adding after the item
relating to section 1931 the following new item:
``Sec. 1932. Medical countermeasures.''.
SEC. 703. PERSONAL PROTECTIVE EQUIPMENT.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Personal protective equipment.--The term ``personal
protective equipment'' includes protective gloves, masks, and
any additional protective equipment determined appropriate by
the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Availability of Personal Protective Equipment for Certain
Department Personnel.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall ensure the
availability of an adequate supply of personal protective
equipment to equip personnel of the Department and each
component conducting operations requiring contact with the
public for use during the COVID-19 global pandemic. Such
personnel include the following:
(A) Transportation Security Officers.
(B) Explosives Detection Canine Handlers.
(C) Federal Air Marshals.
(D) Transportation Security Inspectors.
(E) Administration personnel involved in operations
of Visual Intermodal Prevention and Response teams.
(F) U.S. Border Patrol agents.
(G) U.S. Customs and Border Protection officers.
(H) Air and Marine Officers.
(I) U.S. Border Patrol Processing Coordinators.
(J) Officers of the Federal Protective Service.
(K) Secret Service Agents and officers.
(L) U.S. Immigration and Customs Enforcement
officers.
(M) Any other personnel determined appropriate by
the Secretary.
(2) Job hazard analysis.--Not later than 30 days after the
date of the enactment of this Act, each Department component
head shall--
(A) ensure the job hazard analysis of each such
component identifies the regular duties and tasks
required of relevant personnel to determine the amount
of personal protective equipment required per shift to
conduct specified duties and tasks; and
(B) provide to the Secretary such analysis.
(3) Storage.--Not later than 30 days after the date of the
enactment of this Act, each Department component head shall
identify and implement appropriate best practices for storing
personal protective equipment.
(4) Measures to protect certain frontline personnel.--Not
later than 60 days after the date of the enactment of this Act,
each Department component head shall identify and implement
measures to augment existing Department facilities and vehicles
to protect frontline Department personnel regularly interacting
with or transporting individuals in the public. Such measures
shall include the implementation of technologies such as
plexiglass barriers, biometric technology, computed tomography,
detection-at-range, and credential authentication technology
utilizing digital camera technology.
(5) Policies.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall develop or update,
as appropriate, policies for the workforce of the Department
related to the use and potential reuse and availability of
personal protective equipment.
(6) Report to congress.--The Secretary shall report to the
appropriate congressional committees regarding the
implementation of this subsection.
(c) COVID-19 After-Action Review.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees an after-action review to
examine the Department's response and mitigation efforts related to the
COVID-19 global pandemic. Such review shall include information
relating to the following:
(1) The overall preparedness of the Department and each of
the Department components to respond to the COVID-19 global
pandemic, including preparedness to continue to fulfill its
mission and protect Department personnel, the public, the
transportation system, ports of entry, and the border.
(2) Communication challenges related to effectively
engaging with the public, Department personnel, and appropriate
Federal, State, local, Tribal, and industry stakeholders.
(3) The effectiveness of existing authorities allowing the
Department to utilize weather and safety leave policies, hazard
pay, or other personnel management policies to protect
Department personnel.
(4) Impacts on security functions, operations, and other
homeland security missions.
(5) The availability of personal protective equipment for
Department personnel and individuals in the custody of the
Department.
(6) The extent to which technologies to promote less
contact between Department personnel and the public, such as
the technologies referred to in subsection (d), were
implemented, and any challenges or impediments to such
implementation.
(7) Recommendations for action to improve the preparedness
of the Department for future crises and pandemics.
SEC. 704. TELEWORKING ASSESSMENT.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
review of the capabilities of the Department of Homeland Security to
support Department-wide teleworking activity during the COVID-19
pandemic. Such review shall include the following:
(1) A description of how many employees in each component
of the Department engaged in teleworking prior to the COVID-19
pandemic and how many engaged in teleworking beginning in March
2020.
(2) An evaluation of the capabilities of each of the
components to support remote teleworking activities during the
COVID-19 pandemic.
(3) An evaluation of the security protocols and guidance
developed by the Department and the level of compliance by
employees with such protocols.
(4) An assessment of the major issues encountered by each
component during the transition to teleworking due to the
COVID-19 pandemic.
(5) An assessment of the availability of assistance with
teleworking capabilities during the COVID-19 pandemic.
(6) An assessment of the capability of the Department to
support teleworking by employees engaged in responsibilities
that require the review of classified materials.
(7) Recommendations for improving teleworking capabilities
for all employees, including for employees engaged in
responsibilities that require the review of classified
materials.
SEC. 705. TRANSPORTATION SECURITY PUBLIC HEALTH THREAT PREPAREDNESS.
(a) Definitions.--In this section:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean the Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate.
(4) Department.--The terms ``Department'' means the
Department of Homeland Security.
(b) Authorization of TSA Personnel Details.--
(1) In general.--Pursuant to section 114(m) of title 49,
United States Code, the Administrator is authorized to provide
Administration personnel to other components of the Department
and other Federal agencies to improve coordination with such
components and such agencies to prepare for, protect against,
and respond to public health threats to transportation
security.
(2) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall brief the
appropriate congressional committees regarding a strategy to
improve coordination with other components of the Department
and other Federal agencies to prepare for, protect against, and
respond to public health threats to transportation security.
(c) TSA Preparedness.--
(1) Risk analysis.--To the extent possible and in
consultation with transportation security stakeholders, the
Administrator shall conduct an analysis of transportation
sector preparedness for public health threats. Such analysis
shall assess at a minimum the following:
(A) The risks of public health threats to
transportation security, including to transportation
hubs, transportation security stakeholders,
Administration personnel, and passengers.
(B) Information sharing challenges among relevant
components of the Department, other Federal agencies,
international partners, and transportation security
stakeholders.
(C) Impacts on changes to Administration policies
and procedures for screening passengers and property.
(2) Briefing to congress.--Not later than 180 days after
the date of the enactment of this Act, the Administrator shall
brief the appropriate congressional committees on the
following:
(A) The risk analysis required under paragraph (1).
(B) Technologies necessary to advance toward a
contactless checkpoint to better protect from future
public health threats Administration personnel,
passengers, airport personnel, and authorized personnel
who pass through airport screening areas.
(C) Policies and procedures implemented by the
Administration and transportation security stakeholders
to protect from public health threats Administration
personnel, passengers, airport personnel, and
authorized personnel who pass through airport screening
areas, as well as future plans for additional measures
relating to such protection.
(D) The status of existing or future planned
security directives or emergency amendments to air
carrier security requirements for flights from
international points.
(E) How the Administration coordinates and shares
information with relevant domestic and international
partners during a public health threat, and how such
coordination may be improved.
SEC. 706. SECURING CRITICAL SUPPLIES.
(a) Strategy To Prevent a Shortage of Items Determined To Be
Critical to Survival During a Crisis and Safeguard the Supply Chains of
Such Items.--Not later than 180 days after the date of the enactment of
this Act, the Secretary, acting through the Under Secretary and the
Director, shall--
(1) identify items determined by the Secretary to be
critical to survival during a crisis resulting from a terrorist
attack, pandemic, or natural disaster;
(2) assess the activities of the Department with respect to
the prevention of a shortage of items;
(3) assess vulnerabilities in the supply chain for such
items, which vulnerabilities may be exploited by individuals,
entities, or foreign terrorist organizations that may have an
adversarial relationship with the United States; and
(4) develop and submit to the appropriate congressional
committees a--
(A) report containing a strategy to prevent such a
shortage based upon the assessments required under
paragraph (2); and
(B) classified annex to the report required under
subparagraph (A) relating to a strategy to prevent the
exploitation of vulnerabilities in the supply chain for
such items based upon the assessment required under
paragraph (3).
(b) Matters Included.--The strategies required under subsection (a)
shall include--
(1) an identification of items that the Secretary
determines to be critical to survival, including--
(A) food and water;
(B) prescription medication;
(C) medical supplies; and
(D) energy infrastructure and supplies;
(2) an examination of whether the source of any such item
is foreign-owned, controlled, or influenced by a country that
may have an adversarial relationship with the United States;
and
(3) recommendations with respect to steps the Department
could take to--
(A) ensure the availability of such items; and
(B) safeguard from exploitation by individuals,
entities, or foreign terrorist organizations the supply
chain for such items.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Intelligence and Analysis of the
Department of Homeland Security.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Ways and Means, Transportation and Infrastructure, Oversight and Reform, Energy and Commerce, Foreign Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.