TEXT OF AMENDMENTS; Congressional Record Vol. 164, No. 97
(Senate - June 12, 2018)

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[Pages S3767-S3860]
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                           TEXT OF AMENDMENTS

  SA 2784. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1066. PROGRAM TO COMMEMORATE THE HOLOCAUST.

       (a) Program Required.--The Secretary of Defense shall carry 
     out a program to commemorate the Holocaust.
       (b) Elements.--The commemorative program shall be 
     designed--
       (1) to remember--
       (A) the Holocaust;
       (B) the annihilation of 6,000,000 Jews by the Nazi regime; 
     and
       (C) the mass murder of Roma, Slavs, and others; and
       (2) to pay tribute to the Allied troops who liberated Nazi 
     concentration camps during World War II.
       (c) Consultation in Design.--In designing the commemorative 
     program, the Secretary shall consult with the Director of the 
     United States Holocaust Memorial Museum.
                                 ______
                                 
  SA 2785. Ms. HARRIS (for herself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title V, add the following:

     SEC. 558. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE 
                   RESERVE COMPONENTS AND VETERANS.

       (a) Authority.--The Secretary of Defense may enter into 
     agreements with the chief executives of the States to carry 
     out pilot programs to enhance the efforts of the Department 
     of Defense to provide job placement assistance and related 
     employment services directly to unemployed or underemployed 
     members of the reserve components of the Armed Forces and 
     veterans.
       (b) Administration.--The pilot program in a State shall be 
     administered by the adjutant general in that State appointed 
     under section 314 of title 32, United States Code. If the 
     adjutant general is unavailable or unable to administer a 
     pilot program, the Secretary, after consulting with the chief 
     executive of the State, shall designate an official of that 
     State to administer that pilot program.
       (c) Program Model.--A pilot program under this section--
       (1) shall use a job placement program model that focuses on 
     working one-on-one with individuals described in subsection 
     (a) to provide cost-effective job placement services, 
     including--
       (A) job matching services;
       (B) resume editing;
       (C) interview preparation; and
       (D) post-employment follow up; and
       (2) shall incorporate best practices of State-operated 
     direct employment programs for members of the reserve 
     components of the Armed Forces and veterans, such as the 
     programs conducted in California and South Carolina.
       (d) SkillBridge Training Opportunities.--A pilot program 
     under this section shall utilize civilian training 
     opportunities through the SkillBridge transition training 
     program administered by the Department of Defense.
       (e) State Costs.--Any costs of a State in carrying out a 
     pilot program under this section shall be borne by the State.
       (f) Evaluation.--The Secretary shall develop outcome 
     measurements to evaluate the success of any pilot program 
     established under this section.
       (g) Reporting.--
       (1) Report required.--Not later than March 1, 2021, the 
     Secretary, in coordination with the Secretary of Veterans 
     Affairs and Chief of the National Guard Bureau, shall submit 
     to the congressional defense committees a report describing 
     the results of any pilot program established under this 
     section.
       (2) Elements.--A report under paragraph (1) shall include 
     the following elements:
       (A) A description and assessment of the effectiveness and 
     achievements of the pilot program, including--
       (i) the number of members of the reserve components of the 
     Armed Forces and veterans hired; and
       (ii) the cost-per-placement of participating members and 
     veterans.
       (B) An assessment of the impact of the pilot program and 
     increased reserve component employment levels on--
       (i) the readiness of members of the reserve components of 
     the Armed Forces; and
       (ii) retention of service members.
       (C) A comparison of the pilot program to other programs 
     conducted by the Department of Defense or Department of 
     Veterans Affairs to provide unemployment and underemployment 
     support to members of the reserve components of the Armed 
     Forces or veterans, including best practices the improved the 
     effectiveness of such programs.
       (D) Any other matter the Secretary determines to be 
     appropriate.
       (h) Duration of Authority.--
       (1) In general.--Subject to paragraph (2), the authority to 
     carry out a pilot program under this section expires on 
     September 30, 2023.
       (2) Extension.--The Secretary may extend a pilot program 
     under this section beyond the date in paragraph (1) by not 
     more than two years.

[[Page S3768]]

  

                                 ______
                                 
  SA 2786. Mr. MENENDEZ (for himself, Mr. Cruz, Mr. Nelson, Mr. Rubio, 
and Mr. Durbin) submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1271. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   RESPONSIBLE FOR VIOLENCE AND HUMAN RIGHTS 
                   ABUSES IN NICARAGUA.

       (a) Findings.--Congress makes the following findings:
       (1) Beginning on April 18, 2018, the Government of 
     Nicaragua responded to antigovernment protests with excessive 
     force and killings perpetrated by its public security forces 
     and, as of June 11, 2018, more than 130 people have been 
     killed in the context of those protests.
       (2) The Country Reports on Human Rights Practices for 2017 
     of the Department of State notes, with respect to Nicaragua, 
     that actions by the ruling Sandinista National Liberation 
     Front party have resulted in the de facto concentration of 
     power in a single party, with an authoritarian executive 
     branch exercising significant control over the legislative, 
     judicial, and electoral functions of the Government of 
     Nicaragua.
       (3) That report also stated with respect to Nicaragua that 
     ``the most significant human rights abuses included reports 
     of arbitrary or unlawful killings; almost complete lack of 
     judicial independence; unlawful interference with privacy; 
     multiple obstacles to freedom of speech and the press, 
     including government intimidation, and harassment of and 
     threats against journalists and independent media; and 
     partisan restrictions on freedom of peaceful assembly''.
       (b) Imposition of Sanctions.--The President shall impose 
     the sanctions described in subsection (c) with respect to any 
     foreign person, including any current or former official of 
     the Government of Nicaragua or any person acting on behalf of 
     that Government, that the President determines--
       (1) has perpetrated, or is responsible for ordering or 
     otherwise directing, significant acts of violence or serious 
     human rights abuses in Nicaragua against persons associated 
     with the antigovernment protests in Nicaragua that began on 
     April 18, 2018;
       (2) is responsible for or complicit in ordering, 
     controlling, or otherwise directing significant actions or 
     policies that undermine democratic processes or institutions 
     in Nicaragua; or
       (3) is an official of the Government of Nicaragua, or a 
     senior associate of such an official, that is responsible for 
     or complicit in ordering, controlling, or otherwise 
     directing, acts of significant corruption, including the 
     expropriation of private or public assets for personal gain, 
     corruption related to government contracts, bribery, or the 
     facilitation or transfer of the proceeds of corruption to 
     foreign jurisdictions.
       (c) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Asset blocking.--The exercise of all powers granted to 
     the President by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
     and prohibit all transactions in all property and interests 
     in property of a person determined by the President to be 
     subject to subsection (b) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of an alien determined 
     by the President to be subject to subsection (b), denial of a 
     visa to, and exclusion from the United States of, the alien, 
     and revocation in accordance with section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)), of any 
     visa or other documentation of the alien.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (1)(A) or any regulation, license, or order issued 
     to carry out paragraph (1)(A) shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (3) Exception relating to importation of goods.--The 
     requirement to block and prohibit all transactions in all 
     property and interests in property under paragraph (1)(A) 
     shall not include the authority to impose sanctions on the 
     importation of goods (as that term is defined in section 16 
     of the Export Administration Act of 1979 (50 U.S.C. 4618) (as 
     continued in effect pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.))).
       (4) Exception to comply with united nations headquarters 
     agreement.--Sanctions under paragraph (1)(B) shall not apply 
     to an alien if admitting the alien into the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations.
       (d) Certification.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report certifying whether the 
     Government of Nicaragua is taking effective steps--
       (1) to strengthen the rule of law and democratic 
     governance, including the independence of the judicial system 
     and electoral council;
       (2) to combat corruption, including by investigating and 
     prosecuting officials of that Government who are credibly 
     alleged to be corrupt; and
       (3) to protect the right of political opposition parties, 
     journalists, trade unionists, human rights defenders, and 
     other civil society activists to operate without 
     interference.
       (e) Waiver.--
       (1) Temporary general waiver.--If the Secretary of State 
     certifies to the appropriate congressional committees under 
     subsection (d) that the Government of Nicaragua is taking 
     effective steps as described in that subsection, the 
     President may waive the imposition of additional sanctions 
     under subsection (b) for a period of not more than one year 
     beginning on the date of the certification.
       (2) Case-by-case waiver.--The President may waive the 
     application of sanctions under subsection (b) with respect to 
     a person if the President--
       (A) determines that such a waiver is in the national 
     interest of the United States; and
       (B) not later than the date on which the waiver takes 
     effect, submits to the appropriate congressional committees a 
     notice of and justification for the waiver.
       (f) Reporting Requirement.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, acting 
     through the Assistant Secretary of State for Intelligence and 
     Research, and in coordination with the Director of National 
     Intelligence, shall submit to the appropriate congressional 
     committees a report on the involvement of senior officials of 
     the Government of Nicaragua, including members of the Supreme 
     Electoral Council, the National Assembly, and the judicial 
     system, in acts of public corruption or human rights 
     violations in Nicaragua.
       (2) Form.--
       (A) In general.--The report required by paragraph (1) shall 
     be submitted in unclassified form but may include a 
     classified annex.
       (B) Public availability.--The unclassified portion of the 
     report required by paragraph (1) shall be made available to 
     the public.
       (g) Regulatory Authority.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this section.
       (h) Termination.--This section shall terminate on December 
     31, 2023.
       (i) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 2787. Mr. MENENDEZ (for himself, Mr. Rubio, and Mr. Nelson) 
submitted an amendment intended to be proposed to amendment SA 2282 
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 
5515, to authorize appropriations for fiscal year 2019 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1271. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   RESPONSIBLE FOR VIOLENCE AND HUMAN RIGHTS 
                   ABUSES IN CUBA.

       (a) Findings.--Congress makes the following findings:
       (1) The Government of Cuba continues to carry out arbitrary 
     detentions of peaceful dissidents, most of whom are kept 
     under degrading and inhumane conditions, and according to the 
     Cuban Commission on Human Rights and National Reconciliation, 
     as of May 2018, there have been more than 1,400 of those 
     detentions.
       (2) The Country Reports on Human Rights Practices for 2017 
     in Cuba set forth by the Department of State notes that the 
     principal human rights abuses in Cuba included--

[[Page S3769]]

       (A) the abridgement of the ability of citizens to choose 
     their government;
       (B) the use of government threats, physical assault, 
     intimidation, and violent government-organized counter 
     protests against peaceful dissent; and
       (C) harassment and detentions to prevent free expression an 
     peaceful assembly.
       (3) That report stated that additional human rights abuses 
     included--
       (A) harsh prison conditions;
       (B) arbitrary short-term, politically motivated detentions 
     and arrests;
       (C) selective prosecution;
       (D) denial of fair trial; and
       (E) travel restrictions.
       (4) Significant support by the Government of Cuba for the 
     authoritarian regime of Nicolas Maduro in Venezuela that 
     includes sending tens of thousands of Cuban trainers, 
     advisers, security personnel, militias, paramilitary groups, 
     and intelligence officers, and was described by the Secretary 
     General of the Organization of American States as an 
     ``occupation army'' during a hearing before the Committee on 
     Foreign Relations of the Senate on July 19, 2017, has 
     directly contributed to worsening conditions in Venezuela and 
     the destabilization of the region.
       (b) Imposition of Sanctions.--The President shall impose 
     the sanctions described in subsection (c) with respect to any 
     foreign person, including any current or former official of 
     the Government of Cuba or any person acting on behalf of that 
     Government, that the President determines--
       (1) has perpetrated, or is responsible for ordering or 
     otherwise directing, significant acts of violence or serious 
     human rights abuses in Cuba;
       (2) has been responsible for or is responsible for or 
     complicit in ordering, controlling, or otherwise directing 
     significant actions or policies that undermine democratic 
     processes or institutions in Cuba;
       (3) is an official of the Government of Cuba, or a senior 
     associate of such an official, that is responsible for or 
     complicit in ordering, controlling, or otherwise directing 
     acts of significant corruption, including--
       (A) the expropriation of private or public assets for 
     personal gain;
       (B) corruption related to government contracts;
       (C) bribery; or
       (D) the facilitation or transfer of the proceeds of 
     corruption to foreign jurisdictions; or
       (4) is an official of the Government of Cuba, or a senior 
     associate of such an official, that has been responsible for 
     or is responsible for or complicit in ordering, controlling, 
     or otherwise directing significant actions or policies that 
     undermine democratic processes or institutions in Venezuela.
       (c) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Asset blocking.--The exercise of all powers granted to 
     the President by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
     and prohibit all transactions in all property and interests 
     in property of a person determined by the President to be 
     subject to subsection (b) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of an alien determined 
     by the President to be subject to subsection (b), denial of a 
     visa to, and exclusion from the United States of, the alien, 
     and revocation in accordance with section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)) of any 
     visa or other documentation of the alien.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (1)(A) or any regulation, license, or order issued 
     to carry out paragraph (1)(A) shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (3) Exception relating to importation of goods.--The 
     requirement to block and prohibit all transactions in all 
     property and interests in property under paragraph (1)(A) 
     shall not include the authority to impose sanctions on the 
     importation of goods (as that term is defined in section 16 
     of the Export Administration Act of 1979 (50 U.S.C. 4618) (as 
     continued in effect pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.))).
       (4) Exception to comply with united nations headquarters 
     agreement or other international obligations.--Sanctions 
     under paragraph (1)(B) shall not apply to an alien if 
     admitting the alien into the United States is necessary to 
     permit the United States to comply with the Agreement 
     regarding the Headquarters of the United Nations, signed at 
     Lake Success June 26, 1947, and entered into force November 
     21, 1947, between the United Nations and the United States, 
     or other applicable international obligations.
       (d) Certification.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report certifying whether the 
     Government of Cuba is taking effective steps to--
       (1) strengthen the rule of law and democratic governance in 
     Cuba, including by strengthening the independence of the 
     judicial system and electoral council;
       (2) combat corruption in Cuba, including by investigating 
     and prosecuting officials of that Government that are 
     credibly alleged to be corrupt;
       (3) protect the right of political opposition parties, 
     journalists, trade unionists, human rights defenders, and 
     other civil society activists to operate without interference 
     in Cuba; and
       (4) end destabilizing activities that undermine democratic 
     governance and constitutional order in Venezuela.
       (e) Waiver.--
       (1) Temporary general waiver.--If the Secretary of State 
     certifies under subsection (d) that the Government of Cuba is 
     taking effective steps as described in that subsection, the 
     President may waive the imposition of sanctions under 
     subsection (b) for a period of not more than one year 
     beginning on the date of the certification.
       (2) Case by case waiver.--The President may waive the 
     application of sanctions under subsection (b) with respect to 
     a person if the President--
       (A) determines that such a waiver is in the national 
     interest of the United States; and
       (B) not later than the date on which the waiver takes 
     effect, submits to the appropriate congressional committees a 
     notice of and justification for the waiver.
       (f) Regulatory Authority.--The President shall issue such 
     regulations, licenses, and orders as are necessary to carry 
     out this section.
       (g) Termination.--This section shall terminate on December 
     31, 2023.
       (h) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
                                 ______
                                 
  SA 2788. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT 
                   MEADE, MARYLAND.

       (a) Movement or Consolidation of Joint Spectrum Center to 
     Fort Meade, Maryland.--Except as provided under subsection 
     (b), not later than September 30, 2020, the Secretary of 
     Defense shall take appropriate actions to move, consolidate, 
     or both, the offices of the Joint Spectrum Center to the 
     Defense Information Systems Agency headquarters building at 
     Fort Meade, Maryland, for national security purposes to 
     ensure the physical and cybersecurity protection of personnel 
     and missions of the Department of Defense.
       (b) National Security Waiver.--The Secretary of Defense may 
     waive the requirement under subsection (a) upon certifying to 
     the congressional defense committees in writing that such 
     waiver is necessary for national security reasons and that 
     all force protection and cyber protection needs are being met 
     without carrying out the actions otherwise required under 
     such subsection.
       (c) Authorization.--Any facility, road, or infrastructure 
     constructed or altered on a military installation as a result 
     of this section is deemed to be authorized in accordance with 
     section 2802 of title 10, United States Code.
       (d) Termination of Existing Lease.--Upon completion of the 
     relocation of the Joint Spectrum Center, all right, title, 
     and interest of the United States in and to the existing 
     lease for the Joint Spectrum Center shall be terminated.
       (e) Repeal of Obsolete Authority.--Section 2887 of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 569) is hereby 
     repealed.
                                 ______
                                 
  SA 2789. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and

[[Page S3770]]

for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2838. CONSOLIDATION OF JOINT SPECTRUM CENTER TO FORT 
                   MEADE, MARYLAND.

       (a) Movement or Consolidation of Joint Spectrum Center to 
     Fort Meade, Maryland.--Not later than September 30, 2020, the 
     Secretary of Defense shall take appropriate actions to move, 
     consolidate, or both, the offices of the Joint Spectrum 
     Center to the Defense Information Systems Agency headquarters 
     building at Fort Meade, Maryland, for national security 
     purposes to ensure the physical and cybersecurity protection 
     of personnel and missions of the Department of Defense.
       (b) Authorization.--Any facility, road, or infrastructure 
     constructed or altered on a military installation as a result 
     of this section is deemed to be authorized in accordance with 
     section 2802 of title 10, United States Code.
       (c) Termination of Existing Lease.--Upon completion of the 
     relocation of the Joint Spectrum Center, all right, title, 
     and interest of the United States in and to the existing 
     lease for the Joint Spectrum Center shall be terminated.
       (d) Repeal of Obsolete Authority.--Section 2887 of the 
     Military Construction Authorization Act for Fiscal Year 2008 
     (division B of Public Law 110-181; 122 Stat. 569) is hereby 
     repealed.
                                 ______
                                 
  SA 2790. Mr. CARDIN (for himself, Mr. Hatch, and Mr. Van Hollen) 
submitted an amendment intended to be proposed to amendment SA 2282 
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 
5515, to authorize appropriations for fiscal year 2019 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title IX, add the following:

     SEC. 943. REPORT ON TERMINATION AND TRANSITION OF FUNCTIONS 
                   AND SERVICES OF THE DEFENSE INFORMATION SYSTEMS 
                   AGENCY AND WASHINGTON HEADQUARTERS SERVICES.

       (a) Report Required Before Termination or Transition.--The 
     Secretary of Defense may not terminate or transfer any 
     functions or services of the Defense Information Systems 
     Agency or Washington Headquarters Services to another element 
     of the Department of Defense until the Secretary submits to 
     the congressional defense committees a report on the 
     termination or transfer.
       (b) Elements.--The report on the termination or transfer of 
     functions or services of the Defense Information Systems 
     Agency or Washington Headquarters Services under subsection 
     (a) shall include the following:
       (1) A description of the functions, services, or both of 
     such Agency or Field Activity to be terminated or 
     transferred.
       (2) If functions, services, or both are to be transferred, 
     a description of the element or elements of the Department to 
     which such functions or services are to be transferred.
       (3) A description of disposition of the remaining functions 
     or services of such Agency or Field Activity, if any, after 
     termination or transfer.
       (4) A comprehensive assessment of the impact of the actions 
     described in paragraphs (1) through (3).
                                 ______
                                 
  SA 2791. Mr. CARDIN (for himself, Mr. McCain, and Mr. Durbin) 
submitted an amendment intended to be proposed to amendment SA 2282 
proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 
5515, to authorize appropriations for fiscal year 2019 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                 Subtitle H--Matters Relating to Burma

     SEC. 1281. FINDINGS.

       Congress makes the following findings:
       (1) The United States policy of principled engagement since 
     1988 has fostered positive democratic reforms in Burma, which 
     have led to significant milestones on the path to full 
     democracy.
       (2) On November 8, 2015, Burma held historic elections in 
     which the National League for Democracy won a supermajority 
     of seats in the combined national parliament. On March 30, 
     2016, Htin Kyaw was inaugurated as the President of Burma, 
     the country's first civilian President in more than 50 years. 
     Aung San Suu Kyi, President of the National League for 
     Democracy, was barred from becoming President due to the 
     provisions of section 59(f) of the 2008 Constitution, and 
     therefore assumed the office of State Counsellor, a position 
     created for her that made her the country's de facto leader.
       (3) Aung San Suu Kyi's first acts as State Counsellor after 
     her National League for Democracy party took office included 
     releasing more than 100 political prisoners, including well-
     known journalists and student activists held on politically 
     motivated charges. However, as of November 2017, there were 
     228 political prisoners in Burma, 46 of which were serving 
     prison sentences, 49 of which were awaiting trial inside 
     prison, and 133 of which were awaiting trial outside prison, 
     according to the Assistance Association for Political 
     Prisoners.
       (4) The Government of Burma also continues to 
     systematically discriminate against the Rohingya people. 
     Burma's 1982 citizenship law stripped Rohingya Burmese of 
     their Burmese citizenship, rendering them stateless, and the 
     Government continues to restrict Rohingya births and to deny 
     the Rohingya freedom of movement and access to healthcare, 
     land, education, voting, political participation, and 
     marriage.
       (5) Despite the meaningful steps taken toward democracy in 
     Burma, there remain important structural and systemic 
     impediments to the realization of a fully democratic civilian 
     government, including--
       (A) the 2008 Constitution, which is in need of reform;
       (B) the disfranchisement of certain groups who voted in 
     previous elections;
       (C) the social, political, and economic conditions in 
     Rakhine State, particularly with respect to the Rohingya 
     population; and
       (D) the current humanitarian and human rights crisis 
     affecting Burma's Rohingya population and residents of the 
     Rakhine, Kachin, and Shan states, including credible reports 
     of ethnic cleansing, crimes against humanity, extrajudicial 
     killings, sexual and gender-based violence, and forced 
     displacement.
       (6) Actions of the military of Burma, known as the 
     Tatmadaw, including continuing assaults on personnel and 
     territory controlled by armed ethnic organizations, military 
     offensives immediately preceding the peace conference in 
     Naypyitaw, and human rights violations against noncombatant 
     civilians in conflict areas, undermine confidence in 
     establishing a credible nationwide ceasefire agreement to end 
     Burma's civil war.
       (7) The people of Burma continue to suffer from an ongoing 
     civil war between the Tatmadaw and nearly 20 armed ethnic 
     organizations. Any prospects for a full democracy in Burma 
     are contingent on ending the civil war and finding a path 
     toward national reconciliation between Burma's Bamar majority 
     and its various ethnic minorities.
       (8) Since 2011, over 98,000 people have been displaced in 
     Kachin and northern Shan State over the escalating violence 
     and instability, resulting in continued massive internal 
     displacement, including in internally displaced person (IDP) 
     camps, which continues to undermine the trust necessary to 
     achieve a durable, lasting peace, and has caused a massive 
     humanitarian crisis which disproportionately affects the 
     lives of innocent civilians and internally displaced persons 
     forced from their homes. According to the United Nations 
     Office for the Coordination of Humanitarian Affairs, some 50 
     percent of these displaced persons are staying in areas 
     beyond Government control where humanitarian access is 
     limited. Even in areas controlled by the Government, delivery 
     of humanitarian assistance has been increasingly restricted 
     through onerous bureaucratic requirements resulting in 
     limited access by international and local humanitarian 
     organizations.
       (9) In 2015, the nongovernmental campaign Global Witness 
     found that, in 2014, the estimated value of official 
     production of jade equated to up to 48 percent of the 
     official gross domestic product of Burma. Because of 
     corruption and a lack of transparency, much of the proceeds 
     of the Burmese jade trade enrich notorious leaders from the 
     military junta, including former dictator Than Shwe and 
     United States-sanctioned drug lord Hsueh Kang Wei, and vested 
     interests in jade are undermining prospects for resolving the 
     most intractable armed conflict in Burma.
       (10) On August 31, 2016, State Counsellor Aung San Suu Kyi 
     and the Government of Burma initiated the Union Peace 
     Conference 21st Century Panglong in Naypyitaw, which more 
     than 1,400 representatives of various concerned parties 
     attended in an effort to begin the process of ending Burma's 
     civil war and to discuss options in forming a democratic 
     state of Burma. On May 24, 2017, the Government of Burma held 
     a second Panglong Peace Conference, with mixed results.
       (11) On January 4, 2018, the Department of State determined 
     that Burma remains designated as a country of particular 
     concern for religious freedom under section 402(b) of the 
     International Religious Freedom Act (22 U.S.C. 6442(b)), and 
     that ``members of the Rohingya community in particular face 
     abuses by the Government of Burma, including those involving 
     torture, unlawful arrest and detention, restricted movement, 
     restrictions on religious practices, discrimination in 
     employment, and access to social services''.
       (12) The February 2017 panels set up by the Burmese army 
     and the Home Affairs Ministry are widely perceived by the 
     international community to lack independence and 
     impartiality. The December 2016 commission established by 
     Burma's President

[[Page S3771]]

     Htin Kyaw to investigate the October 2016 attacks dismissed 
     claims of misconduct by security forces due to ``insufficient 
     evidence.'' A Burmese army internal inquiry completed in 
     November 2017 claimed there had been no abuses committed by 
     the military. The 2012 commission government established to 
     investigate violence in Rakhine State that year never held 
     anyone accountable.
       (13) In a public address on October 12, 2017, State 
     Counsellor Aung San Suu Kyi laid out 3 goals for the Rakhine 
     State:
       (A) Repatriation of those who have crossed over to 
     Bangladesh and effective provision of humanitarian 
     assistance.
       (B) Resettlement of displaced populations.
       (C) Economic development and durable peace.
       (14) According to the Medecins Sans Frontieres estimates, 
     at least 6,700 Rohingya have been killed, including 730 
     children, and that at least 2,700 others died from disease 
     and malnutrition and over an estimated 680,000 Rohingya have 
     fled to Bangladesh since August 2017, fearing loss of 
     livelihood and shelter and disproportionate use of force by 
     the military of Burma.
       (15) On October 23, 2017, the Department of State said, 
     ``We express our gravest concern with recent events in 
     Rakhine State and the violent, traumatic abuses Rohingya and 
     other communities have endured. It is imperative that any 
     individuals or entities responsible for atrocities, including 
     non-state actors and vigilantes, be held accountable.''.
       (16) At a Senate Foreign Relations Committee hearing on 
     October 24, 2017, the Department of State indicated that 
     ``refugees continue to cross into Bangladesh, and we continue 
     to receive credible reports of sporadic violence in northern 
     Rakhine State''.
       (17) Amnesty International and Human Rights Watch have 
     reported and documented a campaign of violence perpetuated by 
     the security forces of Burma that ``may amount to crimes 
     against humanity'' and ``ethnic cleansing'' and includes--
       (A) indiscriminate attacks on civilians;
       (B) rape of women and girls; and
       (C) arbitrary arrest and detention of Rohingya men without 
     charge.
       (18) According to Human Rights Watch, Burmese security 
     forces have committed widespread rape against women and girls 
     as part of a campaign of ethnic cleansing against Rohingya 
     Muslims in Burma's Rakhine State. Survivors said that 
     soldiers gathered them together in groups and then raped or 
     gang raped them.
       (19) Because survivors of conflict-related sexual or 
     gender-based violence know very little about the abusers, 
     aside from identifying the abuser as a member of a military 
     unit, existing laws and accountability mechanisms often fail 
     to protect victims of such violence.
       (20) Satellite images captured by Human Rights Watch reveal 
     that, out of the approximately 470 villages in northern 
     Rakhine State, most of which were completely or partially 
     populated with Rohingya Muslims, nearly 300 were partially or 
     completely destroyed by fire after August 25, 2017.
       (21) The Government of Burma has continued to block access 
     to northern Rakhine State by United Nations and other 
     humanitarian organizations, preventing hundreds of thousands 
     of vulnerable Rohingya, Rahkine, and other ethnic groups, 
     including children with acute malnutrition, from receiving 
     humanitarian aid. According to a report by the United Nations 
     Children's Fund, a diphtheria outbreak has led to 424 cases 
     and 6 deaths since December 6, 2017. In addition, the levels 
     of global acute malnutrition in refugees from Burma exceeds 
     the World Health Organization's threshold by 15 percent in 
     children aged 6-59 months. Over 50 percent of the Rohingya 
     children are reported to be suffering from anemia.
       (22) In response to previous violence between the Burmese 
     military and the ethnic Rohingya people in 2016, Aung San Suu 
     Kyi established the Advisory Commission on Rakhine State 
     headed by former United Nations Secretary-General Kofi Annan 
     to address tensions in Northern Rakhine. She has since also 
     endorsed the Commission's recommendations and established an 
     ``Advisory Team for the Committee for the Implementation of 
     Recommendations on Rakhine State'' to move forward with 
     implementation.
       (23) On December 21, 2017, using the authority granted by 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328), the 
     President imposed sanctions on Maung Maung Soe, a Major 
     General who was the chief of the Burmese Army's Western 
     command during the August 2017 attack in Rakhine state.
       (24) On November 22, 2017, Secretary of State Rex Tillerson 
     stated, ``After careful and through analysis of available 
     facts, it is clear that the situation in northern Rakhine 
     state constitutes ethnic cleansing against the Rohingya. 
     Those responsible for these atrocities must be held 
     accountable.''.
       (25) Ethnic cleansing is a despicable evil, and while it is 
     not an independent crime under domestic or international law, 
     it is often accomplished through acts that constitute war 
     crimes, crimes against humanity, or genocide, and the 
     perpetrators of such crimes in Burma must be held 
     accountable.

     SEC. 1282. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) Genocide.--The term ``genocide'' means any offense 
     described in section 1091(a) of title 18, United States Code.
       (3) Hybrid tribunal.--The term ``hybrid tribunal'' means a 
     temporary criminal tribunal that involves a combination of 
     domestic and international lawyers, judges, and other 
     professionals to prosecute individuals suspected of 
     committing war crimes, crimes against humanity, or genocide.
       (4) Transitional justice.--The term ``transitional 
     justice'' means the range of judicial, nonjudicial, formal, 
     informal, retributive, and restorative measures employed by 
     countries transitioning out of armed conflict or repressive 
     regimes--
       (A) to redress legacies of atrocities; and
       (B) to promote long-term, sustainable peace.
       (5) War crime.--The term ``war crime'' has the meaning 
     given the term in section 2441(c) of title 18, United States 
     Code.

     SEC. 1283. STATEMENT OF POLICY.

       It is the policy of the United States that--
       (1) the pursuit of a calibrated engagement strategy is 
     essential to support the establishment of a peaceful, 
     prosperous, and democratic Burma that includes respect for 
     the human rights of all its people regardless of ethnicity 
     and religion; and
       (2) the guiding principles of such a strategy include--
       (A) support for meaningful legal and constitutional reforms 
     that remove remaining restrictions on civil and political 
     rights and institute civilian control of the military, 
     civilian control of the government, and the constitutional 
     provision reserving 25 percent of parliamentary seats for the 
     military, which provides the military with veto power over 
     constitutional amendments;
       (B) the establishment of a fully democratic, pluralistic, 
     civilian controlled, and representative political system that 
     includes regularized free and fair elections in which all 
     people of Burma, including the Rohingya, can vote;
       (C) the promotion of genuine national reconciliation and 
     conclusion of a credible and sustainable nationwide ceasefire 
     agreement, political accommodation of the needs of ethnic 
     Shan, Kachin, Chin, Karen, and other ethnic groups, safe and 
     voluntary return of displaced persons to villages of origins, 
     and constitutional change allowing inclusive permanent peace;
       (D) investigations into credible reports of ethnic 
     cleansing, crimes against humanity, sexual and gender-based 
     violence, and genocide perpetrated against ethnic minorities 
     like the Rohingya by the government, military, and security 
     forces of Burma, violent extremist groups, and other 
     combatants involved in the conflict;
       (E) accountability for determinations of ethnic cleansing, 
     crimes against humanity, sexual and gender-based violence, 
     and genocide perpetrated against ethnic minorities like the 
     Rohingya by the Government, military, and security forces of 
     Burma, violent extremist groups, and other combatants 
     involved in the conflict;
       (F) strengthening the government's civilian institutions, 
     including support for greater transparency and 
     accountability;
       (G) the establishment of professional and nonpartisan 
     military, security, and police forces that operate under 
     civilian control;
       (H) empowering local communities, civil society, and 
     independent media;
       (I) promoting responsible international and regional 
     engagement;
       (J) strengthening respect for and protection of human 
     rights and religious freedom;
       (K) addressing and ending the humanitarian and human rights 
     crisis, including by supporting the return of the displaced 
     Rohingya to their homes and providing equal access to 
     restoration of full citizenship for the Rohingya population; 
     and
       (L) promoting broad-based, inclusive economic development 
     and fostering healthy and resilient communities.

     SEC. 1284. AUTHORIZATION OF HUMANITARIAN ASSISTANCE AND 
                   RECONCILIATION.

       (a) Humanitarian Assistance.--
       (1) In general.--There is authorized to be appropriated 
     $103,695,069 for fiscal year 2018 for humanitarian assistance 
     for Burma, Bangladesh, and the region. The assistance may 
     include--
       (A) assistance for the victims of the Burmese military's 
     ethnic cleansing campaign targeting Rohingya in Rakhine 
     State, including those displaced in Bangladesh, Burma, and 
     the region;
       (B) support for voluntary resettlement or repatriation 
     efforts regionally; and
       (C) humanitarian assistance to victims of violence and 
     destruction in Rakhine State, including victims of gender-
     based violence and unaccompanied minors.
       (2) Sense of congress on additional funding.--It is the 
     sense of Congress that additional significant and sustained 
     funding will be necessary to address the medium and long-term 
     impacts of this crisis.
       (b) Reconciliation Programs.--There is authorized to be 
     appropriated $27,400,000 for fiscal year 2018 for 
     reconciliation programs in Burma. The assistance may 
     include--
       (1) reducing the influence of the drivers of intercommunal 
     conflict;
       (2) strengthening engagement on areas affecting fundamental 
     freedoms;

[[Page S3772]]

       (3) enhancing the ability of key stakeholders to engage in 
     the peace process; and
       (4) assisting the implementation of the Kofi Annan 
     Commission report.

     SEC. 1285. MULTILATERAL ASSISTANCE.

       The Secretary of the Treasury should instruct the United 
     States executive director of each international financial 
     institution to use the voice and vote of the United States to 
     support projects in Burma that--
       (1) provide for accountability and transparency, including 
     the collection, verification and publication of beneficial 
     ownership information related to extractive industries and 
     on-site monitoring during the life of the project;
       (2) will be developed and carried out in accordance with 
     best practices regarding environmental conservation, cultural 
     protection, and empowerment of local populations, including 
     free, prior, and informed consent of affected indigenous 
     communities;
       (3) do not provide incentives for, or facilitate, forced 
     displacement; and
       (4) do not partner with or otherwise involve enterprises 
     owned or controlled by the armed forces.

     SEC. 1286. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND 
                   FREEDOM OF MOVEMENT.

       (a) Right of Return.--It is the sense of Congress that the 
     Government of Burma, in collaboration with the regional and 
     international community, including the United Nations High 
     Commissioner for Refugees, should--
       (1) ensure the dignified, safe, and voluntary return of all 
     those displaced from their homes, especially from Rakhine 
     State, without an unduly high burden of proof;
       (2) offer to those who do not want to return meaningful 
     opportunity to obtain appropriate compensation or 
     restitution;
       (3) not place returning Rohingya in DP camps or ``model 
     villages'', but instead make efforts to reconstruct Rohingya 
     villages as and where they were;
       (4) keep any funds collected by the Government by 
     harvesting the land previously owned and tended by Rohingya 
     farmers for them upon their return; and
       (5) fully implement all of the recommendations of the 
     Advisory Commission on Rakhine State.
       (b) Freedom of Movement of Refugees and Internally 
     Displaced Persons.--Congress recognizes that the Government 
     of Bangladesh has provided long-standing support and 
     hospitality to people fleeing violence in Burma, and calls on 
     the Government of Bangladesh--
       (1) to ensure all refugees have freedom of movement and 
     under no circumstance are subject to unsafe, involuntary, or 
     uninformed repatriation; and
       (2) to ensure the dignified, safe, and voluntary return of 
     those displaced from their homes, and offer to those who do 
     not want to return meaningful means to obtain compensation or 
     restitution.

     SEC. 1287. MILITARY COOPERATION.

       (a) Prohibition.--Except as provided under subsection (b), 
     the President may not furnish any security assistance or to 
     engage in any military-to-military programs with the armed 
     forces of Burma, including training or observation or 
     participation in regional exercises, until the Secretary of 
     State, in consultation with the Secretary of Defense, 
     certifies to the appropriate congressional committees that 
     the Burmese military has demonstrated significant progress in 
     abiding by international human rights standards and is 
     undertaking meaningful and significant security sector 
     reform, including transparency and accountability to prevent 
     future abuses, as determined by applying the following 
     criteria:
       (1) The military adheres to international human rights 
     standards and pledges to stop future human rights violations.
       (2) The military supports efforts to carry out meaningful 
     and comprehensive investigations of credible reports of 
     abuses and is taking steps to hold accountable those in the 
     Burmese military responsible for human rights violations.
       (3) The military supports efforts to carry out meaningful 
     and comprehensive investigations of reports of conflict-
     related sexual and gender-based violence and is taking steps 
     to hold accountable those in the Burmese military who failed 
     to prevent, respond to, investigate, and prosecute violence 
     against women, sexual violence, or other gender-based 
     violence.
       (4) The Government of Burma, including the military, allows 
     immediate and unfettered humanitarian access to communities 
     in areas affected by conflict, including Rohingya communities 
     in Rakhine State.
       (5) The Government of Burma, including the military, 
     cooperates with the United Nations High Commissioner for 
     Refugees and other relevant United Nations agencies to ensure 
     the protection of displaced persons and the safe and 
     voluntary return of Rohingya refugees and internally 
     displaced persons.
       (6) The Government of Burma, including the military, takes 
     steps toward the implementation of the recommendations of the 
     Advisory Commission on Rakhine State.
       (b) Exceptions.--
       (1) Certain existing authorities.--The Department of 
     Defense may continue to conduct consultations based on the 
     authorities under section 1253 of the Carl Levin and Howard 
     P. ``Buck'' McKeon National Defense Authorization Act for 
     Fiscal Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
       (2) Hospitality.--The United States Agency for 
     International Development and the Department of State may 
     provide assistance authorized by part I of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support 
     ethnic armed groups and the Burmese military for the purpose 
     of supporting research, dialogues, meetings, and other 
     activities related to the Union Peace Conference, Political 
     Dialogues, and related processes, in furtherance of 
     inclusive, sustainable reconciliation.
       (c) Military Reform.--The certification required under 
     subsection (a) shall include a written justification in 
     classified and unclassified form describing the Burmese 
     military's efforts to implement reforms, end impunity for 
     human rights violations, and increase transparency and 
     accountability.
       (d) Rule of Construction.--Nothing in this subtitle shall 
     be construed to authorize Department of Defense assistance to 
     the Government of Burma except as provided in this section.
       (e) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this subtitle, and every 180 days 
     thereafter, the Secretary of State and the Secretary of 
     Defense shall submit to the appropriate congressional 
     committees a report, in both classified and unclassified 
     form, on the strategy and plans for military-to-military 
     engagement between the United States Armed Forces and the 
     military of Burma.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description and assessment of the Government of 
     Burma's strategy for security sector reform, including as it 
     relates to an end to involvement in the illicit trade in jade 
     and other natural resources, reforms to end corruption and 
     illicit drug trafficking, and constitutional reforms to 
     ensure civilian control of the Government.
       (B) A list of ongoing military activities conducted by the 
     United States Government with the Government of Burma, and a 
     description of the United States strategy for future 
     military-to-military engagements between the United States 
     and Burma's military forces, including the military of Burma, 
     the Burma Police Force, and armed ethnic groups.
       (C) An assessment of the progress of the military of Burma 
     towards developing a framework to implement human rights 
     reforms, including--
       (i) cooperation with civilian authorities to investigate 
     and prosecute cases of human rights violations;
       (ii) steps taken to demonstrate respect for 
     internationally-recognized human rights standards and 
     implementation of and adherence to the laws of war; and
       (iii) a description of the elements of the military-to-
     military engagement between the United States and Burma that 
     promote such implementation.
       (D) An assessment of progress on the peaceful settlement of 
     armed conflicts between the Government of Burma and ethnic 
     minority groups, including actions taken by the military of 
     Burma to adhere to ceasefire agreements, allow for safe and 
     voluntary returns of displaced persons to their villages of 
     origin, and withdraw forces from conflict zones.
       (E) An assessment of the Burmese's military recruitment and 
     use of children as soldiers.
       (F) An assessment of the Burmese's military's use of 
     violence against women, sexual violence, or other gender-
     based violence as a tool of terror, war, or ethnic cleansing.
       (f) Civilian Channels.--Any program initiated under this 
     section shall use appropriate civilian government channels 
     with the democratically elected Government of Burma.
       (g) Regular Consultations.--Any new program or activity in 
     Burma initiated under this section shall be subject to prior 
     consultation with the appropriate congressional committees.

     SEC. 1288. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO 
                   MILITARY OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS 
                   VIOLATIONS.

       (a) List Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a list of senior 
     officials of the military and security forces of Burma that 
     the President determines have knowingly played a direct and 
     significant role in the commission of human rights violations 
     in Burma, including against the Rohingya minority population.
       (2) Inclusions.--The list required by paragraph (1) shall 
     include all of the senior officials of the military and 
     security forces of Burma--
       (A) in charge of each unit that was operational during the 
     so-called ``clearance operations'' that began during or after 
     October 2016; and
       (B) who knew, or should have known, that the official's 
     subordinates were committing sexual or gender-based violence 
     and failed to take adequate steps to prevent such violence or 
     punish the individuals responsible for such violence.
       (3) Updates.--Not less frequently than every 180 days, the 
     President shall submit to the appropriate congressional 
     committees an updated version of the list required by 
     paragraph (1).
       (b) Sanctions.--
       (1) Visa ban.--The Secretary of State shall deny a visa to, 
     and the Secretary of Homeland Security shall exclude from the 
     United

[[Page S3773]]

     States, any individual included in the most recent list 
     required subsection (a).
       (2) List of specially designated nationals and blocked 
     persons.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall--
       (i) determine whether the individuals specified in 
     subparagraph (B) should be included on the SDN list; and
       (ii) submit to the appropriate congressional committees a 
     report, in classified form if necessary, on the procedures 
     for including those individuals on the SDN list under 
     existing authorities of the Department of the Treasury.
       (B) Individuals specified.--The individuals specified in 
     this subparagraph are--
       (i) the head of each unit of the military or security 
     forces of Burma that was operational during the so-called 
     ``clearance operations'' that began during or after October 
     2016, including--

       (I) Senior General Min Aung Hlaing; and
       (II) Major General Khin Maung Soe;

       (ii) any senior official of the military or security forces 
     of Burma for which the President determines there are 
     credible reports that the official has aided, participated, 
     or is otherwise implicated in gross human rights violations 
     in Burma, including sexual and ethnic- or gender-based 
     violence; and
       (iii) any senior official of the military or security 
     forces of Burma for which the President determines there are 
     credible reports that the official knew, or should have 
     known, that the official's subordinates were committing 
     sexual or gender-based violence and failed to take adequate 
     steps to prevent such violence or punish the individuals 
     responsible for such violence.
       (3) Authority for additional financial sanctions.--The 
     Secretary of the Treasury may, in consultation with the 
     Secretary of State, prohibit or impose strict conditions on 
     the opening or maintaining in the United States of a 
     correspondent account or payable-through account by any 
     financial institution that is a United States person, for or 
     on behalf of a foreign financial institution, if the 
     Secretary determines that the account is knowingly used--
       (A) by a foreign financial institution that knowingly holds 
     property or an interest in property of an individual included 
     on the SDN list pursuant to paragraph (2); or
       (B) to conduct a significant transaction on behalf of such 
     an individual.
       (4) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit any contract or other financial 
     transaction by a United States person with a credible 
     nongovernmental humanitarian organization in Burma.
       (c) Removal From List.--The President may remove an 
     individual from the list required by subsection (a) if the 
     President determines and reports to the appropriate 
     congressional committees that--
       (1) the individual has--
       (A) publicly acknowledged the role of the individual in 
     committing past human rights violations;
       (B) cooperated with independent efforts to investigate such 
     violations;
       (C) been held accountable for such violations; and
       (D) demonstrated substantial progress in reforming the 
     individual's behavior with respect to the protection of human 
     rights in the conduct of civil-military relations; and
       (2) removing the individual from the list is in the 
     national interest of the United States.
       (d) Exceptions.--
       (1) Humanitarian assistance.--A requirement to impose 
     sanctions under this section shall not apply with respect to 
     the provision of medicine, medical equipment or supplies, 
     food, or any other form of humanitarian or human rights-
     related assistance provided to Burma in response to a 
     humanitarian crisis.
       (2) United nations headquarters agreement.--Subsection 
     (b)(1) shall not apply to the admission of an individual to 
     the United States if such admission is necessary to comply 
     with United States obligations under the Agreement between 
     the United Nations and the United States of America regarding 
     the Headquarters of the United Nations, signed at Lake 
     Success June 26, 1947, and entered into force November 21, 
     1947, or under the Convention on Consular Relations, done at 
     Vienna April 24, 1963, and entered into force March 19, 1967, 
     or other international obligations of the United States.
       (e) Waiver.--The President may waive a requirement of this 
     section if the Secretary of State, in consultation with the 
     Secretary of the Treasury, determines and reports to the 
     appropriate congressional committees that the waiver is 
     important to the national security interests of the United 
     States.
       (f) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     paragraph (2) or (3) of subsection (b) or any regulation, 
     license, or order issued to carry out either such paragraph 
     shall be subject to the penalties set forth in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) to the same extent as a 
     person that commits an unlawful act described in subsection 
     (a) of that section.
       (3) Rule of construction.--This subsection shall not be 
     construed to require the President to declare a national 
     emergency under section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701).
       (g) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 5312 
     of title 31, United States Code.
       (3) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (4) SDN list.--The term ``SDN list'' means the list of 
     specially designated nationals and blocked persons maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1289. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, the 
     Secretary of the Treasury, and the Administrator of the 
     United States Agency for International Development shall 
     submit to the appropriate congressional committees a strategy 
     to support sustainable and broad-based economic development, 
     in accordance with the priorities of the Government of Burma 
     to improve economic conditions.
       (b) Elements.--In order to support the efforts of the 
     Government of Burma, the strategy required by subsection (a) 
     shall include a plan to promote inclusive and responsible 
     economic growth, including through the following initiatives:
       (1) Develop an economic reform road-map to diversify 
     control over and access to participation in key industries 
     and sectors. The United States Government should support the 
     Government of Burma to develop a roadmap to assess and 
     recommend measures to remove barriers and increase 
     competition, access and opportunity in sectors dominated by 
     the military, former military officials, and their families, 
     and businesspeople connected to the military. The roadmap 
     should include areas related to government transparency, 
     accountability, and governance.
       (2) Increase transparency disclosure requirements in key 
     sectors to promote responsible investment. Provide technical 
     support to develop and implement policies, and revise 
     existing policies on public disclosure of beneficial owners 
     of companies in key sectors identified by the Government of 
     Burma, including the identities of those seeking or securing 
     access to Burma's most valuable resources. In the ruby 
     industry, this specifically includes working with the 
     Government of Burma to require the disclosure of the ultimate 
     beneficial ownership of entities in the industry and the 
     publication of project revenues, payments, and contract terms 
     relating to the industry. Such new requirements should 
     complement disclosures due to be put in place in Burma as a 
     result of its participation in the Extractives Industry 
     Transparency Initiative (EITI).
       (3) Promote universal access to reliable, affordable, 
     energy efficient, and sustainable power, including leveraging 
     United States assistance to support reforms in the power 
     sector and electrification projects that increase energy 
     access, in partnership with multilateral organizations and 
     the private sector.

     SEC. 1290. REPORT ON ETHNIC CLEANSING AND SERIOUS HUMAN 
                   RIGHTS ABUSES IN BURMA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     detailing the credible reports of ethnic cleansing and 
     serious human rights abuses committed against the Rohingya in 
     Burma, including credible reports of war crimes, crimes 
     against humanity, and genocide, and on potential 
     transnational justice mechanisms in Burma.
       (b) Elements.--The reports required under subsection (a) 
     shall include--
       (1) a description of credible reports of ethnic cleaning 
     and serious human rights abuses perpetrated against the 
     Rohingya ethnic minority in Burma, including--
       (A) incidents that may constitute ethnic cleansing, crimes 
     against humanity, sexual and gender-based violence, and 
     genocide committed by the Burmese military, and other actors 
     involved in the violence;
       (B) incidents that may constitute ethnic cleansing, crimes 
     against humanity, sexual and gender-based violence, or 
     genocide committed by violent extremist groups or 
     antigovernment forces;
       (C) any incidents that may violate the principle of medical 
     neutrality and, if possible, identification of the individual 
     or individuals who engaged in or organized such incidents; 
     and

[[Page S3774]]

       (D) to the extent possible, a description of the 
     conventional and unconventional weapons used for such crimes 
     and the origins of such weapons;
       (2) a description and assessment by the Department of 
     State, the United States Agency for International 
     Development, the Department of Justice, and other appropriate 
     Federal departments and agencies of programs that the United 
     States Government has already or is planning to undertake to 
     ensure accountability for credible reports of ethnic 
     cleansing and reports of war crimes, crimes against humanity, 
     sexual and gender-based violence, and genocide perpetrated 
     against the Rohingya and other ethnic minority groups by the 
     Government, security forces, and military of Burma, violent 
     extremist groups, and other combatants involved in the 
     conflict, including programs--
       (A) to train investigators within and outside of Burma and 
     Bangladesh on how to document, investigate, develop findings 
     of, and identify and locate alleged perpetrators of ethnic 
     cleansing, crimes against humanity, or genocide in Burma;
       (B) to promote and prepare for a transitional justice 
     process or processes for the perpetrators of ethnic 
     cleansing, crimes against humanity, and genocide in Burma; 
     and
       (C) to document, collect, preserve, and protect evidence of 
     reports of ethnic cleansing, crimes against humanity, and 
     genocide in Burma, including support for Burmese and 
     Bangladeshi, foreign, and international nongovernmental 
     organizations, the United Nations Human Rights Council's 
     investigative team, and other entities; and
       (3) A detailed study of the feasibility and desirability of 
     potential transitional justice mechanisms for Burma, 
     including a hybrid tribunal, and recommendations on which 
     transitional justice mechanisms the United States Government 
     should support, why such mechanisms should be supported, and 
     what type of support should be offered.
       (c) Protection of Witnesses and Evidence.--The Secretary 
     shall take due care to ensure that the identification of 
     witnesses and physical evidence are not publicly disclosed in 
     a manner that might place such persons at risk of harm or 
     encourage the destruction of evidence by the Government of 
     Burma.

     SEC. 1291. TECHNICAL ASSISTANCE AUTHORIZED.

       (a) In General.--The Secretary of State, in consultation 
     with the Department of Justice and other appropriate Federal 
     departments and agencies, is authorized to provide 
     appropriate assistance to support entities that, with respect 
     to credible reports of ethnic cleansing, crimes against 
     humanity, and genocide perpetrated by the military, security 
     forces, and Government of Burma, Buddhist militias, and all 
     other armed groups fighting in Rakhine State--
       (1) identify suspected perpetrators of ethnic cleansing, 
     war crimes, crimes against humanity, and genocide;
       (2) collect, document, and protect evidence of crimes and 
     preserve the chain of custody for such evidence;
       (3) conduct criminal investigations; and
       (4) support investigations by third-party states, as 
     appropriate.
       (b) Additional Assistance.--The Secretary of State, after 
     consultation with appropriate Federal departments and 
     agencies and the appropriate congressional committees, and 
     taking into account the findings of the transitional justice 
     study required under section 1290(b)(3), is authorized to 
     provide assistance to support the creation and operation of 
     transitional justice mechanisms for Burma.

     SEC. 1292. SENSE OF CONGRESS ON PRESS FREEDOM.

       In order to promote freedom of the press in Burma, it is 
     the sense of Congress that--
       (1) Wa Lone and Kyaw Soe Oo should be immediately released 
     and should have access to lawyers and their families; and
       (2) the decision to use a colonial-era law to arrest these 
     Reuters reporters undermines press freedom around the world 
     and further underscores the need for serious legal reform.

     SEC. 1293. MEASURES RELATING TO MILITARY COOPERATION BETWEEN 
                   BURMA AND NORTH KOREA.

       (a) Imposition of Sanctions.--
       (1) In general.--The President may, with respect to any 
     person described in paragraph (2)--
       (A) impose the sanctions described in paragraph (1) or (3) 
     of section 1288(b); or
       (B) include that person on the SDN list (as defined in 
     section 1288(g)).
       (2) Persons described.--A person described in this 
     paragraph is an official of the Government of Burma or an 
     individual or entity acting on behalf of that Government that 
     the President determines purchases or otherwise acquires 
     defense articles from the Government of North Korea or an 
     individual or entity acting on behalf of that Government.
       (b) Restriction on Foreign Assistance.--The President may 
     terminate or reduce the provision of United States foreign 
     assistance to Burma if the President determines that the 
     Government of Burma does not verifiably and irreversibly 
     eliminate all purchases or other acquisitions of defense 
     articles by persons described in subsection (a)(2) from the 
     Government of North Korea or individuals or entities acting 
     on behalf of that Government.
       (c) Defense Article Defined.--In this section, the term 
     ``defense article'' has the meaning given that term in 
     section 47 of the Arms Export Control Act (22 U.S.C. 2794).

     SEC. 1294. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.

       Nothing in this subtitle shall be construed as an 
     authorization for the use of force.
                                 ______
                                 
  SA 2792. Mr. INHOFE (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 1250. SENSE OF SENATE ON INCORPORATION OF NON-NUCLEAR 
                   NAVAL PROPULSION AND TECHNOLOGY SYSTEMS 
                   MANUFACTURED IN THE UNITED STATES INTO THE 
                   NAVAL VESSELS OF UNITED STATES ALLIES IN THE 
                   INDO-PACIFIC REGION.

       It is the sense of the Senate that, consistent with the 
     Conventional Arms Transfer Policy of the United States 
     Government recently updated to promote policies that 
     strengthen our allies and partners around the world and 
     preserve peace while creating American manufacturing jobs--
       (1) it is in the interest of the United States that non-
     nuclear naval propulsion and technology systems manufactured 
     in the United States be incorporated into warships of navies 
     of close allies of the United States, including Australia, 
     Canada, India, South Korea, Taiwan, and other countries 
     pursuing the modernization of their fleets; and
       (2) naval cooperation arising from the incorporation of 
     such systems into such warships will--
       (A) help guarantee interoperability and commonality of 
     warfighting systems between the United States and our allies 
     in the Indo-Pacific region; and
       (B) promote the expansion of the dynamism and innovation of 
     the defense industry manufacturing supply chain in the United 
     States.
                                 ______
                                 
  SA 2793. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 316. CORE SAMPLING STUDY AND REPORT AT JOINT BASE SAN 
                   ANTONIO, TEXAS.

       (a) Site Investigation Required.--The Secretary of the Air 
     Force shall conduct a core sampling study along an agreed 
     upon route between the Air Force and San Antonio Water System 
     of the wastewater treatment line on Air Force real property, 
     in compliance with best engineering practices, to determine 
     if any regulated or hazardous substances are present in the 
     soil along an agreed upon route.
       (b) Report Required.--Not later than 120 days after the 
     date of the agreement on the route, the Secretary of the Air 
     Force shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     results of the core samples taken pursuant to subsection (a).
                                 ______
                                 
  SA 2794. Mr. SCOTT (for himself and Mr. Brown) submitted an amendment 
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe 
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND 
                   UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.

       (a) Increase.--Funds authorized to be appropriated in 
     Research, Development, Test, and Evaluation, Defense-wide, PE 
     0601228D8Z, section 4201, for Basic Research, Historically 
     Black Colleges and Universities/Minority Institutions, Line 
     006, are hereby increased by $10,000,000.
       (b) Offset.--Funding in section 4101 for Other Procurement, 
     Army, for Automated Data Processing Equipment, Line 112, is 
     hereby reduced by $10,000,000.

[[Page S3775]]

  

                                 ______
                                 
  SA 2795. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 5515, to authorize appropriations for fiscal year 
2019 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS 
                   BY THE UNITED STATES.

       (a) Limitation on Detention.--Section 4001 of title 18, 
     United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) No person shall be imprisoned or otherwise detained 
     by the United States except consistent with the 
     Constitution.'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b)(1) A general authorization to use military force, a 
     declaration of war, or any similar authority, on its own, 
     shall not be construed to authorize the imprisonment or 
     detention without charge or trial of a person apprehended in 
     the United States.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of this paragraph.
       ``(3) This section shall not be construed to authorize the 
     imprisonment or detention of any person who is apprehended in 
     the United States.''.
       (b) Repeal of Authority of the Armed Forces of the United 
     States To Detain Covered Persons Pursuant to the 
     Authorization for Use of Military Force.--Section 1021 of the 
     National Defense Authorization Act for Fiscal Year 2012 
     (Public Law 112-81; 10 U.S.C. 801 note) is repealed.
                                 ______
                                 
  SA 2796. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. 
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle I of title VIII, add the following:

     SEC. 896. COMMERCIALIZATION ASSISTANCE PILOT PROGRAM.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(tt) Commercialization Assistance Pilot Programs.--
       ``(1) Pilot programs implemented.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 1 year after the date of enactment of this 
     subsection, a covered agency shall implement a 
     commercialization assistance pilot program under which an 
     eligible entity may receive a subsequent Phase II SBIR award.
       ``(B) Exception.--If the Administrator determines that a 
     covered agency has a program that is sufficiently similar to 
     the commercialization assistance pilot program established 
     under this subsection, the covered agency shall not be 
     required to implement a commercialization assistance pilot 
     program under this subsection.
       ``(2) Percent of agency funds.--The head of each covered 
     agency may allocate not more than 5 percent of the funds 
     allocated to the SBIR program of the covered agency for the 
     purpose of making a subsequent Phase II SBIR award under the 
     commercialization assistance pilot program.
       ``(3) Termination.--A commercialization assistance pilot 
     program established under this subsection shall terminate on 
     September 30, 2022.
       ``(4) Application.--To be selected to receive a subsequent 
     Phase II SBIR award under a commercialization assistance 
     pilot program, an eligible entity shall submit to the covered 
     agency implementing the pilot program an application at such 
     time, in such manner, and containing such information as the 
     covered agency may require, including--
       ``(A) an updated Phase II commercialization plan; and
       ``(B) the source and amount of the matching funding 
     required under paragraph (5).
       ``(5) Matching funding.--
       ``(A) In general.--The Administrator shall require, as a 
     condition of any subsequent Phase II SBIR award made to an 
     eligible entity under this subsection, that a matching amount 
     (excluding any fees collected by the eligible entity 
     receiving the award) equal to the amount of the award be 
     provided from an eligible third party investor.
       ``(B) Ineligible sources.--An eligible entity may not use 
     funding from ineligible sources to meet the matching 
     requirement of subparagraph (A).
       ``(C) Exception.--The Administrator shall not require, as a 
     condition of any subsequent Phase II SBIR award made to an 
     eligible entity under this subsection, a matching amount if 
     the eligible entity is located in an underperforming State.
       ``(6) Award.--A subsequent Phase II SBIR award made to an 
     eligible entity under this subsection--
       ``(A) may not exceed the limitation described under 
     subsection (aa)(1); and
       ``(B) shall be disbursed during Phase II.
       ``(7) Use of funds.--The funds awarded to an eligible 
     entity under this subsection may only be used for research 
     and development activities that build on Phase II program of 
     the eligible entity's and ensure the research funded under 
     that Phase II is rapidly progressing towards 
     commercialization.
       ``(8) Selection.--In selecting eligible entities to 
     participate in a commercialization assistance pilot program 
     under this subsection, the head of a covered agency shall 
     consider--
       ``(A) the extent to which the award could aid the eligible 
     entity in commercializing the research funded under the Phase 
     II program of the eligible entity;
       ``(B) whether the updated Phase II commercialization plan 
     submitted under paragraph (4) provides a sound approach for 
     establishing technical feasibility that could lead to 
     commercialization of the research;
       ``(C) whether the proposed activities to be conducted under 
     the updated Phase II commercialization plan further improve 
     the likelihood that the research will provide societal 
     benefits;
       ``(D) whether the small business concern has progressed 
     satisfactorily in Phase II to justify receipt of a subsequent 
     Phase II SBIR award;
       ``(E) the expectations of the eligible third party investor 
     that provides matching funding under paragraph (5); and
       ``(F) the likelihood that the proposed activities to be 
     conducted under the updated Phase II commercialization plan 
     using matching funding provided by the eligible third party 
     investor will lead to commercial and societal benefit.
       ``(9) Evaluation report.--Not later than 3 years after the 
     date of enactment of this subsection, the Comptroller General 
     of the United States shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Science, Space, and Technology and the Committee on Small 
     Business of the House of Representatives a report including--
       ``(A) a summary of the activities of commercialization 
     assistance pilot programs carried out under this subsection;
       ``(B) a detailed compilation of results achieved by those 
     commercialization assistance pilot programs, including the 
     number of eligible entities that received awards under those 
     programs;
       ``(C) the rate at which each eligible entity that received 
     a subsequent Phase II SBIR award under this subsection 
     commercialized research of the recipient;
       ``(D) the growth in employment and revenue of eligible 
     entities that is attributable to participation in a 
     commercialization assistance pilot program;
       ``(E) a comparison of commercialization success of eligible 
     entities participating in a commercialization assistance 
     pilot program with recipients of an additional Phase II SBIR 
     award under subsection (ff);
       ``(F) demographic information, such as ethnicity and 
     geographic location, of eligible entities participating in a 
     commercialization assistance pilot program;
       ``(G) an accounting of the funds used at each covered 
     agency that implements a commercialization assistance pilot 
     program under this subsection;
       ``(H) the amount of matching funding provided by eligible 
     third party investors, set forth separately by source of 
     funding;
       ``(I) an analysis of the effectiveness of the 
     commercialization assistance pilot program implemented by 
     each covered agency; and
       ``(J) recommendations for improvements to the 
     commercialization assistance pilot program.
       ``(10) Definitions.--For purposes of this subsection:
       ``(A) Covered agency.--The term `covered agency' means a 
     Federal agency required to have an SBIR program.
       ``(B) Eligible entity.--The term `eligible entity' means a 
     small business concern that has received a Phase II award 
     under an SBIR program and an additional Phase II SBIR award 
     under subsection (ff) from the covered agency to which the 
     small business concern is applying for a subsequent Phase II 
     SBIR award.
       ``(C) Eligible third party investor.--The term `eligible 
     third party investor' means a small business concern other 
     than an eligible entity, a venture capital firm, an 
     individual investor, a non-SBIR Federal, State or local 
     government, or any combination thereof.
       ``(D) Ineligible sources.--The term `ineligible sources' 
     means the following:
       ``(i) The internal research and development funds of the 
     eligible entity.
       ``(ii) Funding in forms other than cash, such as in-kind or 
     other intangible assets.
       ``(iii) Funding from the owners of the eligible entity, or 
     the family members or affiliates of those owners.
       ``(iv) Funding attained through loans or other forms of 
     debt obligations.
       ``(E) Subsequent phase ii sbir award.--The term `subsequent 
     Phase II SBIR award' means an award granted to an eligible 
     entity under this subsection to carry out further 
     commercialization activities for research conducted pursuant 
     to an SBIR program.
       ``(F) Underperforming state.--The term `underperforming 
     State' means any State

[[Page S3776]]

     participating in the SBIR program that is in the bottom 50 
     percent of all States historically receiving SBIR program 
     funding.''.
                                 ______
                                 
  SA 2797. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. 
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle I of title VIII, add the following:

     SEC. 896. ANNUAL LIST OF SBIR AWARDS.

       Section 9 of the Small Business Act (15 U.S.C. 638) is 
     amended by adding at the end the following:
       ``(tt) Annual List of Low Participation States.--Each 
     Federal agency participating in the SBIR program shall submit 
     to the appropriate committees of Congress (as defined in 
     subsection (nn)(3)(C)) an annual report that includes, for 
     the preceding 12-month period--
       ``(1) a list of the number of SBIR awards provided to small 
     business concerns in each State; and
       ``(2) a plan to increase the number of SBIR awards provided 
     to small business concerns located in the 10 States listed 
     under paragraph (1) with the lowest number of SBIR awards.''.
                                 ______
                                 
  SA 2798. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. FOREIGN SOVEREIGN IMMUNITY.

       Section 1605A(a)(2)(A)(i) of title 28, United States Code, 
     is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by inserting ``or'' at the end; and
       (3) by adding at the end the following:
       ``(III) the Department of State has otherwise determined 
     the foreign state engages in a pattern or practice of 
     torture, extrajudicial killing, aircraft sabotage, hostage 
     taking, or the provision of material support or resources for 
     such an act if such act or provision of material support or 
     resources is engaged in by an official, employee, or agent of 
     such foreign state while acting within the scope of his or 
     her office, employment or agency (excluding acts of war).''.
                                 ______
                                 
  SA 2799. Mr. CORNYN (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. ___. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL 
                   SECURITY ACADEMIC RESEARCHERS FROM UNDUE 
                   INFLUENCE AND OTHER SECURITY THREATS.

       (a) Initiative Required.--The Secretary of Defense shall, 
     in consultation with other appropriate government 
     organizations, establish an initiative to work with academic 
     institutions who perform defense research and engineering 
     activities--
       (1) to support protection of intellectual property, 
     controlled information, key personnel, and information about 
     critical technologies relevant to national security;
       (2) to limit undue influence by countries engaged in 
     illicit behaviors to exploit United States technology within 
     the Department of Defense research, technology, and 
     innovation enterprise; and
       (3) to support efforts toward development of domestic 
     talent in relevant scientific and engineering fields.
       (b) Institutions and Organizations.--
       (1) In general.--The initiative required by subsection (a) 
     shall be developed and executed to the maximum extent 
     practicable with academic research institutions and other 
     educational and research organizations.
       (2) Record of excellence.--In selecting research 
     institutions of higher education under this subsection, the 
     Secretary shall prioritize selection of institutions of 
     higher education that the Secretary determines demonstrate a 
     record of excellence in industrial security and 
     counterintelligence in academia and in research and 
     development.
       (c) Requirements.--The initiative required by subsection 
     (a) shall include development of the following:
       (1) Information exchange forum and information repositories 
     to enable awareness of security threats and influence 
     operations being executed against the United States research, 
     technology, and innovation enterprise.
       (2) Training and other support for academic institutions to 
     promote security and limit undue influence on institutions 
     and personnel, including financial support for execution for 
     such activities.
       (3) Opportunities to collaborate with defense researchers 
     and research organizations in secure facilities to promote 
     protection of critical information.
       (4) Regulations and procedures--
       (A) for government and academic organizations and personnel 
     to support the goals of the initiative; and
       (B) that are consistent with policies that protect open and 
     scientific exchange in fundamental research.
       (5) Policies to limit or prohibit funding for institutions 
     or individual researchers who knowingly and repeatedly 
     violate regulations developed under the initiative.
       (6) Initiatives to support the transition of the results of 
     academic institution research programs into defense 
     capabilities.
       (d) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the activities 
     carried out under the initiative required by subsection (a).
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the activities conducted and the 
     progress made under the initiative.
       (B) The findings of the Secretary with respect to the 
     initiative.
       (C) Such recommendations as the Secretary may have for 
     legislative or administrative action relating to the matters 
     described in subsection (a).
       (D) Identification and discussion of the gaps in legal 
     authorities that need to be improve to enhance the security 
     of research institutions of higher education performing 
     defense research.
       (E) A description of the actions taken by such institutions 
     to comply with such best practices and guidelines as may be 
     established by under the initiative.
       (3) Form.--The report submitted under paragraph (1) shall 
     be submitted in both unclassified and classified formats, as 
     appropriate.
       (e) Institution of Higher Education Defined.--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).
                                 ______
                                 
  SA 2800. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and 
Mr. McCain) to the bill H.R. 5515, to authorize appropriations for 
fiscal year 2019 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle B of title VIII, add the following:

     SEC. 823. ENHANCEMENT OF MONITORING AND INVESTIGATION OF 
                   TRAFFICKING IN PERSONS.

       Section 1704 of the National Defense Authorization Act for 
     Fiscal Year 2013 (22 U.S.C. 7104b) is amended by adding at 
     the end the following new subsection:
       ``(e) Supply Chain Transparency.--
       ``(1) In general.--To facilitate monitoring and 
     investigation of human trafficking, the Office of Management 
     and Budget shall ensure that the searchable public website 
     established pursuant to the Federal Funding Accountability 
     and Transparency Act of 2006 (Public Law 109-282) includes 
     the following information on Federal awards at each tier to 
     both domestic and foreign awardees:
       ``(B) Notice of whether a contractor must provide a 
     compliance plan to prevent human trafficking under section 
     1703 of the National Defense Authorization Act for Fiscal 
     Year 2013 (22 U.S.C. 1704a).
       ``(C) Notice of whether the location of performance or 
     production facilities is within a country ranked at tier 2 or 
     tier 3 in the most recent Human Trafficking Report of the 
     Department of State.
       ``(D) Additional information that facilitates monitoring 
     and investigation of human trafficking.
       ``(2) Phase-in period for reporting subcontracts and 
     subgrants.--Pursuant to paragraph (1), the Director of the 
     Office of Management and Budget shall--
       ``(A) issue a time-bound plan to phase in the new reporting 
     not later than January 1, 2020;
       ``(B) require reporting of subcontract and subgrant data at 
     tier one not later than January 1, 2020;
       ``(C) require reporting of subcontract and subgrant data at 
     tier two not later than January 1, 2022; and
       ``(D) include in the annual report required by section 2(g) 
     of the Federal Funding Accountability and Transparency Act 
     (Public

[[Page S3777]]

     Law 109-282; 31 U.S.C. 6101 note), progress on these stages 
     and options for transparency at lower stages starting in 
     fiscal year 2023.
       ``(3) Exceptions.--
       ``(A) Minimum threshold.--Consistent with the Federal 
     Funding Accountability and Transparency Act of 2006 (Public 
     Law 109-282; 31 U.S.C. 6101 note), executive agencies need 
     not disclose contracts, subcontracts, grants, subgrants, or 
     cooperative agreements less than $25,000 or contractors with 
     gross income less than $300,000 in the previous tax year.
       ``(B) Security risks.--An awarding agency need not disclose 
     the identity of a foreign awardee if the awarding agency 
     certifies that disclosure of the contractor's identity would 
     pose a security risk to the contractor or its contractual 
     mission.
       ``(C) Waivers.--
       ``(i) Guidance.--Not later than one year after the date of 
     enactment of this subsection, the Office of Management and 
     Budget shall issue guidance to establish a process by which a 
     contractor, subcontractor, grantee, subgrantee, or parties to 
     cooperative agreements may request a waiver from any of the 
     requirements set forth in the section.
       ``(ii) Criteria.--To receive a waiver, the contractor, 
     subcontractor, grantee, subgrantee, or party to a cooperative 
     agreement must demonstrate why it cannot currently meet the 
     requirements and must explain the steps it will take to meet 
     the requirements once the waiver expires.
       ``(iii) Expiration.--This waiver option will expire on 
     January 1, 2021.
       ``(iv) Waiver list.--The Office of Management and Budget 
     shall maintain a public list of all contractors, 
     subcontractors, grantees, subgrantees, or parties to 
     cooperative agreements that have received a waiver.
                                 ______
                                 
  SA 2801. Ms. STABENOW (for herself, Ms. Baldwin, Mr. Murphy, Mr. 
Merkley, and Ms. Smith) submitted an amendment intended to be proposed 
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. 
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle B of title VIII, add the following:

     SEC. 823. PUBLICATION OF ANNUAL REPORTS ON BUY AMERICAN AND 
                   HIRE AMERICAN COMPLIANCE.

       (a) In General.--The head of each agency required to submit 
     reports under Executive Order 13788, entitled ``Buy American 
     and Hire American'', (or any successor order) shall make each 
     report available to the public, and submit each report to 
     Congress, at the same time the head of the agency submits the 
     report to the Secretary of Commerce and Director of the 
     Office of Management and Budget.
       (b) Publication of Previous Reports.--Not later than 90 
     days after the date of the enactment of this Act, the head of 
     each agency that was previously required to submit a report 
     under Executive Order 13788 shall make each such report 
     available to the public, and submit each such report to 
     Congress.
                                 ______
                                 
  SA 2802. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 12__. REPORT ON CIVILIAN CASUALTIES IN SOMALIA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commander of the United States 
     Africa Command shall submit to the congressional defense 
     committees a report on the process by which the Commander 
     investigates allegations of civilian casualties resulting 
     from United States military operations in Somalia during the 
     period beginning on January 1, 2017, and ending on November 
     30, 2018.
       (b) Element.--The report required by subsection (a) shall 
     include the following:
       (1) A description of--
       (A) the criteria applied by the Commander to assess the 
     credibility of such allegations made by an individual not 
     affiliated with the Department of Defense; and
       (B) the manner in which the Commander overcomes an obstacle 
     to accessing a location or witness relevant to an 
     investigation of such civilian casualties.
       (2) An explanation of any discrepancy between the 
     assessment of the Department with respect to specific 
     civilian casualties and independent reports of such 
     casualties.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 2803. Mr. HOEVEN (for himself and Mr. Rounds) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title X, add the following:

     SEC. 1006. TREATMENT OF ACTIVITIES RELATING TO TRAINING AND 
                   READINESS OF THE ARMED FORCES DURING A LAPSE IN 
                   APPROPRIATIONS AS VOLUNTARY SERVICES ACCEPTABLE 
                   BY THE UNITED STATES.

       Section 1342 of title 31, United States Code, is amended by 
     adding at the end the following new sentence: ``However, the 
     term does include any portion of a fiscal year during which 
     the appropriation bill for the fiscal year for the Department 
     of Defense or the Department of Homeland Security, as 
     applicable, has not become law and an Act or joint resolution 
     making continuing appropriations for the fiscal year is not 
     in effect, but only with respect to activities relating to 
     the training and readiness of the Armed Forces (including the 
     National Guard and the Reserves) carried out during such 
     portion of the fiscal year.''.
                                 ______
                                 
  SA 2804. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VII, add the following:

     SEC. 706. REQUIREMENT FOR PHYSICAL EXAMINATIONS OF MEMBERS OF 
                   THE SELECTED RESERVE OF THE READY RESERVE OF 
                   THE RESERVE COMPONENTS OF THE ARMED FORCES WHO 
                   ARE SEPARATING FROM THE SELECTED RESERVE.

       Section 1145(d) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``pursuant to'' and inserting ``described in''; and
       (B) in subparagraph (A)--
       (i) by striking ``(A)'' and inserting ``(A)(i)'';
       (ii) by striking the semicolon at the end and inserting ``; 
     or''; and
       (iii) by adding at the end the following new clause:
       ``(ii) is a member of the Selected Reserve of the Ready 
     Reserve of a reserve component who is scheduled to separate 
     from the Selected Reserve within 90 days;''; and
       (2) in paragraph (2)(A)--
       (A) by striking ``examination under paragraph (1) to a'' 
     and inserting ``examination--
       ``(i) under paragraph (1)(A)(i) to a'';
       (B) in clause (i), as designated by subparagraph (A), by 
     striking ``; and'' and inserting ``; or''; and
       (C) by adding at the end the following new clause:
       ``(ii) under paragraph (1)(A)(ii) to a member of the 
     Selected Reserve of the Ready Reserve of a reserve component 
     during the 90-day period before the date on which the member 
     is scheduled to be separated from the Selected Reserve; 
     and''.
                                 ______
                                 
  SA 2805. Mr. PAUL (for himself and Mr. Peters) submitted an amendment 
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe 
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle D of title VI, add the following:

     SEC. 633. AUTHORITY FOR SALE OF BEER, WINE, AND DISTILLED 
                   SPIRITS AT COMMISSARY STORES.

       (a) In General.--Section 2484(b) of title 10, United States 
     Code, is amended--
       (1) by redesignating paragraphs (9) and (10) as paragraphs 
     (10) and (11), respectively; and
       (2) by inserting after paragraph (8) the following new 
     paragraph (9):
       ``(9) Beer, wine, and distilled spirits.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on such date, not later than 90 days after 
     the date of the enactment of this Act, as the Under Secretary 
     of Defense for Personnel and the Director of the Defense 
     Commissary Agency shall jointly specify for purposes of this 
     section.

[[Page S3778]]

  

                                 ______
                                 
  SA 2806. Mr. MURPHY submitted an amendment intended to be proposed to 
amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) 
to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title VIII, add the following:

     SEC. 896. PROHIBITION ON PROCUREMENT OF FOREIGN-MADE 
                   COMMERCIAL UNMANNED AERIAL SYSTEMS.

       (a) In General.--Except as provided under subsection (b), 
     the Secretary of Defense may not procure or extend or renew a 
     contract to procure any unmanned aerial system (UAS) that is 
     manufactured outside the United States.
       (b) Waiver.--The Secretary of Defense may waive the 
     requirement under subsection (a) on a case-by-case basis upon 
     certifying to the congressional defense committees that it is 
     necessary for national security reasons.
                                 ______
                                 
  SA 2807. Mr. CRUZ (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize 
appropriations for fiscal year 2019 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 3111.
                                 ______
                                 
  SA 2808. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill H.R. 5515, to authorize appropriations for fiscal 
year 2019 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                   DIVISION E--DHS AUTHORIZATION ACT

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Department of Homeland 
     Security Authorization Act'' or the ``DHS Authorization 
     Act''.

     SEC. 2. REFERENCES.

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

         TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS

                  Subtitle A--Headquarters Operations

     SEC. 1101. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) In General.--Section 102 of the Homeland Security Act 
     of 2002 (6 U.S.C. 112) is amended--
       (1) 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
       (2) by adding at the end the following:
       ``(h) Headquarters.--
       ``(1) In general.--There is in the Department a 
     Headquarters.
       ``(2) Components.--The Department Headquarters shall 
     include each of the following:
       ``(A) The Office of the Secretary, which shall include--
       ``(i) the Deputy Secretary;
       ``(ii) the Chief of Staff; and
       ``(iii) the Executive Secretary.
       ``(B) The Management Directorate, including the Office of 
     the Chief Financial Officer.
       ``(C) The Science and Technology Directorate.
       ``(D) The Office of Strategy, Policy, and Plans.
       ``(E) The Office of the General Counsel.
       ``(F) The Office of the Chief Privacy and FOIA Officer.
       ``(G) The Office for Civil Rights and Civil Liberties.
       ``(H) The Office of Operations Coordination.
       ``(I) The Office of Intelligence and Analysis.
       ``(J) The Office of Legislative Affairs.
       ``(K) The Office of Public Affairs.
       ``(L) The Office of the Inspector General.
       ``(M) The Office of the Citizenship and Immigration 
     Services Ombudsman.
       ``(N) The Countering Weapons of Mass Destruction Office.
       ``(O) The Office of Partnership and Engagement.''.
       (b) Conforming Amendments Relating to Assistant 
     Secretaries.--Section 103(a) of the Homeland Security Act of 
     2002 (6 U.S.C. 113(a)) is amended--
       (1) in the subsection heading, by inserting ``; Assistant 
     Secretaries and Other Officers'' after ``Under Secretaries'';
       (2) in paragraph (1), by amending subparagraph (I) to read 
     as follows:
       ``(I) An Administrator of the Transportation Security 
     Administration.'';
       (3) by amending paragraph (2) to read as follows:
       ``(2) Assistant secretaries.--The following Assistant 
     Secretaries shall be appointed by the President or the 
     Secretary, as the case may be, without the advice and consent 
     of the Senate:
       ``(A) Presidential appointments.--The Department shall have 
     the following Assistant Secretaries appointed by the 
     President:
       ``(i) The Assistant Secretary for Public Affairs.
       ``(ii) The Assistant Secretary for Legislative Affairs.
       ``(iii) The Assistant Secretary for the Countering Weapons 
     of Mass Destruction Office.
       ``(iv) The Chief Medical Officer.
       ``(B) Secretarial appointments.--The Department shall have 
     the following Assistant Secretaries appointed by the 
     Secretary:
       ``(i) The Assistant Secretary for International Affairs.
       ``(ii) The Assistant Secretary for Threat Prevention and 
     Security Policy.
       ``(iii) The Assistant Secretary for Border, Immigration, 
     and Trade Policy.
       ``(iv) The Assistant Secretary for Cybersecurity, 
     Infrastructure, and Resilience Policy.
       ``(v) The Assistant Secretary for Strategy, Planning, 
     Analysis, and Risk.
       ``(vi) The Assistant Secretary for State and Local Law 
     Enforcement.
       ``(vii) The Assistant Secretary for Partnership and 
     Engagement.
       ``(viii) The Assistant Secretary for Private Sector.''; and
       (4) by adding at the end the following:
       ``(3) Limitation on creation of positions.--No Assistant 
     Secretary position may be created in addition to the 
     positions provided for by this section unless such position 
     is authorized by a statute enacted after the date of the 
     enactment of the DHS Authorization Act.''.

     SEC. 1102. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY 
                   AND FOIA OFFICER.

       Section 222(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 142(a)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by inserting ``to be the Chief Privacy and FOIA Officer 
     of the Department,'' after ``in the Department,''; and
       (B) by striking ``to the Secretary, to assume'' and 
     inserting ``to the Secretary. Such official shall have'';
       (2) in paragraph (5)(B), by striking ``and'' at the end;
       (3) by striking paragraph (6); and
       (4) by inserting after paragraph (5) the following:
       ``(6) developing guidance to assist components of the 
     Department in developing privacy policies and practices;
       ``(7) establishing a mechanism to ensure such components 
     are in compliance with Federal regulatory and statutory and 
     Department privacy requirements, mandates, directives, and 
     policies, including requirements under section 552 of title 
     5, United States Code (commonly known as the `Freedom of 
     Information Act');
       ``(8) working with components and offices of the Department 
     to ensure that information sharing and policy development 
     activities incorporate privacy protections;
       ``(9) serving as the Chief FOIA Officer of the Department 
     for purposes of section 552(j) of title 5, United States Code 
     (commonly known as the `Freedom of Information Act');
       ``(10) preparing an annual report to Congress that includes 
     a description of the activities of the Department that affect 
     privacy during the fiscal year covered by the report, 
     including complaints of privacy violations, implementation of 
     section 552a of title 5, United States Code (commonly known 
     as the `Privacy Act of 1974'), internal controls, and other 
     matters; and
       ``(11) carrying out such other responsibilities as the 
     Secretary determines are appropriate, consistent with this 
     section.''.

     SEC. 1103. 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:
       ``(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

[[Page S3779]]

     over financial reporting systems and processes throughout the 
     Department;
       ``(6) lead financial system modernization efforts 
     throughout the Department;
       ``(7) lead the efforts of the Department related to 
     financial oversight, including identifying ways to streamline 
     and standardize business processes;
       ``(8) oversee the costs of acquisition programs and related 
     activities to ensure that actual and planned costs are in 
     accordance with budget estimates and are affordable, or can 
     be adequately funded, over the lifecycle of such programs and 
     activities;
       ``(9) fully implement a common accounting structure to be 
     used across the entire Department by fiscal year 2020;
       ``(10) participate in the selection, performance planning, 
     and review of cost estimating positions with the Department;
       ``(11) 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 for 
     which the total expenditures of the Department exceed 
     $100,000, 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; 128 Stat. 2389); and
       ``(ii) documentation of such expenditures; and
       ``(12) track 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 are more than $20,000 and less 
     than $100,000, not later than 30 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; 128 Stat. 2389); 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. 1104. 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)--
       (A) by striking ``, or to another official of the 
     Department, as the Secretary may direct''; and
       (B) by adding at the end the following: ``In addition to 
     the functions under section 3506(a)(2) of title 44, United 
     States Code, and section 11319 of title 40, United States 
     Code, the Chief Information Officer shall--
       ``(1) serve as the lead technical authority for information 
     technology programs of the Department and components of the 
     Department; and
       ``(2) 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) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Strategic Plans.--
       ``(1) In general.--The Chief Information Officer shall, in 
     coordination with the Chief Financial Officer, develop an 
     information technology strategic plan every 5 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--
       ``(A) the budget of the Department aligns with priorities 
     specified in the information technology strategic plan;
       ``(B) the information technology strategic plan informs the 
     budget process of the Department;
       ``(C) the Department has identified and addressed skills 
     gaps needed to implement the information technology strategic 
     plan;
       ``(D) unnecessary duplicative information technology within 
     and across the components of the Department has been 
     eliminated;
       ``(E) outcome-oriented goals, quantifiable performance 
     measures, and strategies for achieving those goals and 
     measures have succeeded; and
       ``(F) internal control weaknesses and how the Department 
     will address those weaknesses.
       ``(2) Initial plan.--Not later than 1 year after the date 
     of enactment of this subsection, the Chief Information 
     Officer shall complete the first information technology 
     strategic plan required under paragraph (1).''.
       (b) Software Licensing.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and each year thereafter through fiscal 
     year 2021, the Chief Information Officer of the Department of 
     Homeland Security shall submit the comprehensive software 
     license policy developed to meet the requirements of section 
     2 of the MEGABYTE Act of 2016 (40 U.S.C. 11302 note), 
     including any updates provided to the Director of the Office 
     of Management and Budget, to--
       (A) the Committee on Homeland Security and the Committee of 
     Oversight and Government Reform of the House of 
     Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (2) Department inventory.--Beginning in fiscal year 2022, 
     and once every 2 fiscal years thereafter, the Chief 
     Information Officer of the Department of Homeland Security, 
     in consultation with the component chief information 
     officers, shall submit to the Committee on Homeland Security 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     containing--
       (A) a department-wide inventory of all software licenses 
     held by the Department of Homeland Security on unclassified 
     and classified systems, including utilized and unutilized 
     licenses;
       (B) an assessment of the needs of the Department of 
     Homeland Security and the components of the Department of 
     Homeland Security for software licenses for the subsequent 2 
     fiscal years;
       (C) an explanation as to how the use of shared cloud-
     computing services or other new technologies will impact the 
     needs for software licenses for the subsequent 2 fiscal 
     years; and
       (D) plans and estimated costs for eliminating unutilized 
     software licenses for the subsequent 2 fiscal years; and
       (E) a plan to expedite licensing of software developed for 
     the Department of Homeland Security to the private sector.
       (3) Plan to reduce software licenses.--If the Chief 
     Information Officer of the Department of Homeland Security 
     determines through the inventory conducted under paragraph 
     (2) that the number of software licenses held by the 
     Department of Homeland Security and the components of the 
     Department of Homeland Security exceeds the needs of the 
     Department of Homeland Security, 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 of Homeland Security.
       (c) Comptroller General Review.--Not later than the end of 
     fiscal year 2019, the Comptroller General of the United 
     States shall review the extent to which the Chief Information 
     Officer of the Department of Homeland Security fulfilled all 
     requirements established in this section and the amendments 
     made by this section.

     SEC. 1105. QUADRENNIAL HOMELAND SECURITY REVIEW.

       (a) In General.--Section 706 of the Homeland Security Act 
     of 2002, as so redesignated by section 1142 of this Act, 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:
       ``(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'' and 
     inserting ``September 30'';
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``description of the 
     threats to'' and inserting ``risk assessment of'';

[[Page S3780]]

       (ii) in subparagraph (C), by inserting ``, as required 
     under subsection (b)(2)'' before the semicolon at the end;
       (iii) in subparagraph (D)--

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

       (iv) in subparagraph (F)--

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

       (v) in subparagraph (G)--

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

       (vi) by striking subparagraph (H); and
       (vii) by redesignating subparagraph (I) as subparagraph 
     (H);
       (C) by redesignating paragraph (3) as paragraph (4); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Documentation.--The Secretary shall retain, from each 
     quadrennial homeland security review, all information 
     regarding the risk assessment, as required under subsection 
     (c)(2)(B), including--
       ``(A) the risk model utilized to generate the risk 
     assessment;
       ``(B) information, including data used in the risk model, 
     utilized to generate the risk assessment; and
       ``(C) sources of information, including other risk 
     assessments, utilized to generate the risk assessment.'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following:
       ``(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 under section 706 of the Homeland Security 
     Act of 2002, as so redesignated, after December 31, 2017.

     SEC. 1106. OFFICE OF STRATEGY, POLICY, AND PLANS.

       (a) 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 the office described in 
     paragraph (1) as of the day before the date of enactment of 
     this Act, and the assets and personnel associated with such 
     functions, are transferred to the Under Secretary for 
     Strategy, Policy, and Plans of the Department of Homeland 
     Security under section 708 of the Homeland Security Act of 
     2002, as so redesignated by section 1142 of this Act.
       (3) Conforming amendments.--The Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.) is amended--
       (A) in section 317(b) (6 U.S.C. 195c(b))--
       (i) in paragraph (2)(A), by striking ``, in consultation 
     with the Assistant Secretary for International Affairs,''; 
     and
       (ii) in paragraph (4), by striking ``the Office of 
     International Affairs and''; and
       (B) by striking section 879 (6 U.S.C. 459).
       (4) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 879.
       (b) Homeland Security Advisory Council.--Section 102(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 112(b)) 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:
       ``(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 under 
     section 706.''.
       (c) Office of Legislative Affairs.--Section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113) is amended by 
     adding at the end the following:
       ``(h) Office of Legislative Affairs.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, any report that the Department or a component of the 
     Department is required to submit to the Committee on 
     Appropriations of the Senate or the Committee on 
     Appropriations of the House of Representatives under any 
     provision of law shall be submitted concurrently to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives.
       ``(2) Applicability.--Paragraph (1) shall apply with 
     respect to any report described in paragraph (1) that is 
     submitted on or after the date of enactment of the DHS 
     Authorization Act.
       ``(3) Notice.--The Secretary shall notify, in writing, the 
     chairmen and ranking members of the authorizing and 
     appropriating committees of jurisdiction regarding policy 
     memoranda, management directives, and reprogramming 
     notifications issued by the Department.''.
       (d) Office of Private Sector.--
       (1) In general.--Section 103 of the Homeland Security Act 
     of 2002 (6 U.S.C. 113), as amended, is amended by adding at 
     the end the following:
       ``(i) Office of Private Sector.--The Assistant Secretary 
     for Private Sector shall be responsible for--
       ``(1) creating and fostering strategic communications with 
     the private sector to enhance the primary mission of the 
     Department to protect the American homeland;
       ``(2) advising the Secretary on the impact of the 
     Department's policies, regulations, processes, and actions on 
     the private sector;
       ``(3) interfacing with other relevant Federal agencies with 
     homeland security missions to assess the impact of these 
     agencies' actions on the private sector;
       ``(4) creating and managing private sector advisory 
     councils composed of representatives of industries and 
     associations designated by the Secretary to--
       ``(A) advise the Secretary on private sector products, 
     applications, and solutions as they relate to homeland 
     security challenges; and
       ``(B) advise the Secretary on homeland security policies, 
     regulations, processes, and actions that affect the 
     participating industries and associations;
       ``(5) working with Federal laboratories, federally funded 
     research and development centers, other federally funded 
     organizations, academia, and the private sector to develop 
     innovative approaches to address homeland security challenges 
     to produce and deploy the best available technologies for 
     homeland security missions;
       ``(6) promoting existing public-private partnerships and 
     developing new public-private partnerships to provide for 
     collaboration and mutual support to address homeland security 
     challenges; and
       ``(7) assisting in the development and promotion of private 
     sector best practices to secure critical infrastructure.''.
       (2) Conforming amendment.--Section 102(f) of the Homeland 
     Security Act of 2002 (6 U.S.C. 112(f)) is amended--
       (A) by striking paragraphs (1) through (7); and
       (B) by redesignating paragraphs (8), (9), (10), and (11) as 
     paragraphs (1), (2), (3), and (4), respectively.
       (e) Definitions.--In this section each of the terms 
     ``assets'', ``functions'', and ``personnel'' have the 
     meanings given those terms under section 2 of the Homeland 
     Security Act of 2002 (6 U.S.C. 101).
       (f) Duplication Review.--
       (1) Review required.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary of Homeland Security 
     shall complete a review of the functions and responsibilities 
     of each Department of Homeland Security component responsible 
     for international affairs to identify and eliminate areas of 
     unnecessary duplication.
       (2) Submission to congress.--Not later than 30 days after 
     the completion of the review required under paragraph (1), 
     the Secretary of Homeland Security 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 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the congressional homeland security 
     committees, as defined in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101, as amended by this Act, 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. 1107. CHIEF PROCUREMENT OFFICER.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as amended by section 1142, is 
     amended by adding at the end the following:

     ``SEC. 709. 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;

[[Page S3781]]

       ``(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) approve the selection and organizational placement of 
     each head of contracting activity within the Department and 
     participate in the periodic performance reviews of each head 
     of contracting activity of the Department;
       ``(8) ensure that a fair proportion of the value of Federal 
     contracts and subcontracts are awarded to small business 
     concerns, as defined under section 3 of the Small Business 
     Act (15 U.S.C. 632), (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 business concerns that achieve qualified 
     vendor status for security-related technologies are provided 
     an opportunity to compete for contracts for such technology; 
     and
       ``(9) 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 who is delegated, by the Chief Procurement Officer 
     and Senior Procurement Executive, the responsibility 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 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1142, is amended 
     by inserting after the item relating to section 708 the 
     following:

``Sec. 709. Chief Procurement Officer.''.

     SEC. 1108. 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 section 1107, is 
     amended by adding at the end the following:

     ``SEC. 710. 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, implement, and oversee compliance with the 
     security policies, programs, and standards of the Department;
       ``(2) participate in--
       ``(A) the selection and organizational placement of each 
     senior security official of a component, and the deputy for 
     each such official, and any other senior executives 
     responsible for security-related matters; and
       ``(B) the periodic performance planning and reviews;
       ``(3) identify training requirements, standards, and 
     oversight of education to Department personnel on security-
     related matters;
       ``(4) develop security programmatic guidelines;
       ``(5) review contracts and interagency agreements 
     associated with major security investments within the 
     Department; and
       ``(6) provide support to Department components on security-
     related matters.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended, as amended by section 1107, 
     by inserting after the item relating to section 709 the 
     following:

``Sec. 710. Chief Security Officer.''.

     SEC. 1109. OFFICE OF INSPECTOR GENERAL.

       (a) Notification.--The heads of offices and components of 
     the Department of Homeland Security shall promptly advise the 
     Inspector General of the Department of all allegations of 
     misconduct with respect to which the Inspector General has 
     investigative authority under the Inspector General Act of 
     1978 (5 U.S.C. App.).
       (b) Waiver.--The Inspector General may waive the 
     notification requirement under this section with respect to 
     any category or subset of allegations of misconduct.
       (c) Rule of Construction.--Nothing in this section may be 
     construed as affecting the authority of the Secretary of 
     Homeland Security under the Inspector General Act of 1978 (5 
     U.S.C. App.).

     SEC. 1110. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

       (a) In General.--Section 705 of the Homeland Security Act 
     of 2002 (6 U.S.C. 345) is amended--
       (1) in the section heading, by striking ``establishment of 
     officer for'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Officer for Civil Rights and Civil Liberties'' and 
     inserting ``Chief Civil Rights and Civil Liberties Officer''; 
     and
       (B) in paragraph (2), by inserting ``Chief'' before 
     ``Officer'';
       (3) by redesignating subsection (b) as subsection (d); and
       (4) by inserting after subsection (a) the following:
       ``(b) Office for Civil Rights and Civil Liberties.--There 
     is in the Department an Office for Civil Rights and Civil 
     Liberties. Under the direction of the Chief Civil Rights and 
     Civil Liberties Officer, the Office shall support the Chief 
     Civil Rights and Civil Liberties Officer in the following:
       ``(1) Integrating civil rights and civil liberties into 
     activities of the Department by conducting programs and 
     providing policy advice and other technical assistance.
       ``(2) Investigating complaints and information indicating 
     possible abuses of civil rights or civil liberties, unless 
     the Inspector General of the Department determines that any 
     such complaint or information should be investigated by the 
     Inspector General.
       ``(3) Directing the Department's equal employment 
     opportunity and diversity policies and programs, including 
     complaint management and adjudication.
       ``(4) Communicating with individuals and communities whose 
     civil rights and civil liberties may be affected by 
     Department activities.
       ``(5) Any other activities as assigned by the Chief Civil 
     Rights and Civil Liberties Officer.
       ``(c) Component Civil Rights and Civil Liberties 
     Officers.--
       ``(1) In general.--In consultation with the Chief Civil 
     Rights and Civil Liberties Officer, the head of each 
     component of the Department shall appoint a senior-level 
     Federal employee with experience and background in civil 
     rights and civil liberties as the Civil Rights and Civil 
     Liberties Officer for the component.
       ``(2) Responsibilities.--Each Civil Rights and Civil 
     Liberties Officer appointed under paragraph (1) shall--
       ``(A) serve as the main point of contact for the Chief 
     Civil Rights and Civil Liberties Officer; and
       ``(B) coordinate with the Chief Civil Rights and Civil 
     Liberties Officer to oversee the integration of civil rights 
     and civil liberties into the activities of the component.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by striking 
     the item relating to section 705 and inserting the following:

``Sec. 705. Civil Rights and Civil Liberties.''.

     SEC. 1111. SCIENCE AND TECHNOLOGY.

       (a) Responsibilities of the Under Secretary for Science and 
     Technology.--
       (1) Directorate for science and technology.--Section 302 of 
     the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``The Secretary, acting through the Under'' and inserting 
     ``The Under''; and
       (B) in paragraph (4), by striking ``and evaluation'' and 
     inserting ``evaluation, and standards coordination and 
     development''.
       (2) Technical and conforming amendment.--Section 
     315(a)(2)(A) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended by striking ``Directorate 
     of Science and Technology and Homeland Security Advanced 
     Research Projects Agency'' and inserting ``Directorate of 
     Science and Technology and the Chief Scientist''.
       (b) Office of the Chief Scientist.--
       (1) In general.--Section 307 of the Homeland Security Act 
     of 2002 (6 U.S.C. 187) is amended--
       (A) in the section heading, by striking ``homeland security 
     advanced research projects agency'' and inserting ``office of 
     the chief scientist'';
       (B) in subsection (a)--
       (i) by striking paragraphs (1) and (3); and
       (ii) by redesignating paragraphs (2) and (4) as paragraphs 
     (1) and (2), respectively; and
       (C) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Office of the Chief Scientist.--
       ``(1) Establishment.--There is established the Office of 
     the Chief Scientist.
       ``(2) Chief scientist.--The Office of the Chief Scientist 
     shall be headed by a Chief Scientist, who shall be appointed 
     by the Secretary.
       ``(3) Qualifications.--The Chief Scientist shall--
       ``(A) be appointed from among distinguished scientists with 
     specialized training or significant experience in a field 
     related to counterterrorism, traditional homeland security 
     missions, or national defense; and
       ``(B) have earned an advanced degree at an institution of 
     higher education (as defined in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001)).
       ``(4) Responsibilities.--The Chief Scientist shall oversee 
     all research and development to--
       ``(A) support basic and applied homeland security research 
     to promote revolutionary changes in technologies that would 
     promote homeland security;
       ``(B) advance the development, testing and evaluation, 
     standards coordination and development, and deployment of 
     critical homeland security technologies;
       ``(C) accelerate the prototyping and deployment of 
     technologies that would address homeland security 
     vulnerabilities;
       ``(D) promote the award of competitive, merit-reviewed 
     grants, cooperative agreements or contracts to public or 
     private entities, including business, federally funded 
     research and development centers, and universities; and

[[Page S3782]]

       ``(E) oversee research and development for the purpose of 
     advancing technology for the investigation of child 
     exploitation crimes, including child victim identification, 
     trafficking in persons, and child pornography, and for 
     advanced forensics.
       ``(5) Coordination.--The Chief Scientist shall ensure that 
     the activities of the Directorate for Testing and Evaluation 
     of Science and Technology are coordinated with those of other 
     relevant research agencies, and may oversee projects jointly 
     with other agencies.
       ``(6) Personnel.--In hiring personnel for the Science and 
     Technology Directorate, the Secretary shall have the hiring 
     and management authorities described in section 1599h of 
     title 10, United States Code. The term of appointments for 
     employees under subsection (c)(1) of that section may not 
     exceed 5 years before the granting of any extension under 
     subsection (c)(2) of that section.
       ``(7) Demonstrations.--The Chief Scientist, periodically, 
     shall hold homeland security technology demonstrations, 
     pilots, field assessments, and workshops to improve contact 
     among technology developers, vendors, component personnel, 
     State, local, and tribal first responders, and acquisition 
     personnel.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 307 and inserting the following:

``Sec. 307. Office of the Chief Scientist.''.

     SEC. 1112. 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 and the heading typeface 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:
       ``(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 1 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:
       ``(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.
       ``(h) Evaluation.--The Chief Human Capital Officer, acting 
     through the Under Secretary for Management, shall--
       ``(1) perform regular evaluations of the Homeland Security 
     Rotation Program; and
       ``(2) not later than 90 days after the end of each fiscal 
     year, submit to the Secretary a report detailing the findings 
     of the evaluations under paragraph (1) during that fiscal 
     year, which shall include--
       ``(A) an analysis of the extent to which the program meets 
     the goals under subsection (b);
       ``(B) feedback from participants in the program, including 
     the extent to which rotations have enhanced their performance 
     in their current role and opportunities to improve the 
     program;
       ``(C) aggregated information about program participants; 
     and
       ``(D) a discussion of how rotations can be aligned with the 
     needs of the Department with respect to employee training and 
     mission needs.''.
       (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 
     and the Select Committee on Intelligence 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. 1113. FUTURE YEARS HOMELAND SECURITY PROGRAM.

       (a) In General.--Section 874 of the Homeland Security Act 
     of 2002 (6 U.S.C. 454) is amended--
       (1) in the section heading, by striking ``year'' and 
     inserting ``years'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) In General.--Not later than 60 days after the date on 
     which the budget of the President is submitted to Congress 
     under section 1105(a) of title 31, United States Code, the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives (referred 
     to in this section as the `appropriate committees') a Future 
     Years Homeland Security Program that covers the fiscal year 
     for which the budget is submitted and the 4 succeeding fiscal 
     years.''; and
       (3) by striking subsection (c) and inserting the following 
     new subsections:
       ``(c) Projection of Acquisition Estimates.--On and after 
     February 1, 2019, each Future Years Homeland Security Program 
     shall project--
       ``(1) acquisition estimates for the fiscal year for which 
     the budget is submitted and the 4 succeeding fiscal years, 
     with specified estimates for each fiscal year, for all major 
     acquisitions by the Department and each component of the 
     Department; and
       ``(2) estimated annual deployment schedules for all 
     physical asset major acquisitions over the 5-fiscal-year 
     period described in paragraph (1), estimated costs and number 
     of service contracts, and the full operating capability for 
     all information technology major acquisitions.
       ``(d) Sensitive and Classified Information.--The Secretary 
     may include with each Future Years Homeland Security Program 
     a classified or other appropriately controlled document 
     containing information required to be submitted under this 
     section that is restricted from public disclosure in 
     accordance with Federal law or Executive order.
       ``(e) Availability of Information to the Public.--The 
     Secretary shall make available to the public in electronic 
     form the information required to be submitted to the 
     appropriate committees under this section, other than 
     information described in subsection (d).''.

[[Page S3783]]

       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 874 and inserting the following:

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

     SEC. 1114. FIELD EFFICIENCIES PLAN.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committee on Homeland Security and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and Committee on Homeland Security and 
     Governmental Affairs of the Senate a field efficiencies plan 
     that--
       (1) examines the facilities and administrative and 
     logistics functions of components of the Department of 
     Homeland Security located within designated geographic areas; 
     and
       (2) provides specific recommendations and an associated 
     cost-benefit analysis for the consolidation of the facilities 
     and administrative and logistics functions of components of 
     the Department of Homeland Security within each designated 
     geographic area.
       (b) Contents.--The field efficiencies plan submitted under 
     subsection (a) shall include the following:
       (1) An accounting of leases held by the Department of 
     Homeland Security or the components of the Department of 
     Homeland Security that have expired in the current fiscal 
     year or will be expiring in the next fiscal year, that have 
     begun or been renewed in the current fiscal year, or that the 
     Department of Homeland Security or the components of the 
     Department of Homeland Security plan to sign or renew in the 
     next fiscal year.
       (2) For each designated geographic area:
       (A) An evaluation of specific facilities at which 
     components, or operational entities of components, of the 
     Department of Homeland Security may be closed or 
     consolidated, including consideration of when leases expire 
     or facilities owned by the Government become available.
       (B) An evaluation of potential consolidation with 
     facilities of other Federal, State, or local entities, 
     including--
       (i) offices;
       (ii) warehouses;
       (iii) training centers;
       (iv) housing;
       (v) ports, shore facilities, and airfields;
       (vi) laboratories;
       (vii) continuity of government facilities; and
       (viii) other assets as determined by the Secretary.
       (C) An evaluation of the potential for the consolidation of 
     administrative and logistics functions, including--
       (i) facility maintenance;
       (ii) fleet vehicle services;
       (iii) mail handling and shipping and receiving;
       (iv) facility security;
       (v) procurement of goods and services;
       (vi) information technology and telecommunications services 
     and support; and
       (vii) additional ways to improve unity of effort and cost 
     savings for field operations and related support activities 
     as determined by the Secretary.
       (3) An implementation plan, including--
       (A) near-term actions that can co-locate, consolidate, or 
     dispose of property within 24 months;
       (B) identifying long-term occupancy agreements or leases 
     that cannot be changed without a significant cost to the 
     Government; and
       (C) how the Department of Homeland Security can ensure it 
     has the capacity, in both personnel and funds, needed to 
     cover up-front costs to achieve consolidation and 
     efficiencies.
       (4) An accounting of any consolidation of the real estate 
     footprint of the Department or any component of the 
     Department, including the co-location of personnel from 
     different components, offices, and agencies within the 
     Department.

     SEC. 1115. MANAGEMENT.

       (a) Submission to Congress of Information Regarding 
     Reprogramming or Transfer of Department of Homeland Security 
     Resources to Respond to Operational Surges.--Title VII of the 
     Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as 
     amended by section 1108, is amended by adding at the end the 
     following:

     ``SEC. 711. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON 
                   REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND 
                   TO OPERATIONAL SURGES.

       ``For each fiscal year until fiscal year 2023, the 
     Secretary 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 fiscal 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) Long Term Real Property Strategies.--Title VII of the 
     Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as 
     amended by subsection (a), is amended by adding at the end 
     the following:

     ``SEC. 712. CHIEF FACILITIES AND LOGISTICS OFFICER.

       ``(a) In General.--There is a Chief Facilities and 
     Logistics Officer of the Department who shall report directly 
     to the Under Secretary for Management. The Chief Facilities 
     and Logistics Officer shall be career reserved for a member 
     of the senior executive service.
       ``(b) Responsibilities.--The Chief Facilities and Logistics 
     Officer shall--
       ``(1) develop policies and procedures and provide program 
     oversight to manage real property, facilities, environmental 
     and energy programs, personal property, mobile assets, 
     equipment, and other material resources of the Department;
       ``(2) manage and execute, in consultation with the 
     component heads, mission support services within the National 
     Capital Region for real property, facilities, environmental 
     and energy programs, and other common headquarters and field 
     activities for the Department; and
       ``(3) provide tactical and transactional services for the 
     Department in the National Capital Region, including 
     transportation, facility operations, and maintenance.

     ``SEC. 713. LONG TERM REAL PROPERTY STRATEGIES.

       ``(a) In General.--
       ``(1) First strategy.--Not later than 180 days after the 
     date of enactment of this section, the Under Secretary for 
     Management, in consultation with the Administrator of General 
     Services, shall develop an initial 5-year regional real 
     property strategy for the Department that covers the 5-
     fiscal-year period immediately following such date of 
     enactment. Such strategy shall be geographically organized, 
     as designated by the Under Secretary for Management.
       ``(2) Second strategy.--Not later than the first day of the 
     fourth fiscal year covered by the first strategy under 
     paragraph (1), the Under Secretary for Management, in 
     consultation with the Administrator of General Services, 
     shall develop a second 5-year real property strategy for the 
     Department that covers the 5 fiscal years immediately 
     following the conclusion of the first strategy.
       ``(b) Requirements.--
       ``(1) Initial strategy.--The initial 5-year strategy 
     developed in accordance with subsection (a)(1) shall--
       ``(A) identify opportunities to consolidate real property, 
     optimize the usage of Federal assets, and decrease the number 
     of commercial leases and square footage within the 
     Department's real property portfolio;
       ``(B) provide alternate housing and consolidation plans to 
     increase efficiency through joint use of Department spaces 
     while decreasing the cost of leased space;
       ``(C) concentrate on geographical areas with a significant 
     Department presence, as identified by the Under Secretary for 
     Management;
       ``(D) examine the establishment of central Department 
     locations in each such geographical region and the co-
     location of Department components based on the mission sets 
     and responsibilities of such components;
       ``(E) identify opportunities to reduce overhead costs 
     through co-location or consolidation of real property 
     interests or mission support activities, such as shared mail 
     screening and processing, centralized transportation and 
     shuttle services, regional transit benefit programs, common 
     contracting for custodial and other services, and leveraging 
     strategic sourcing contracts and sharing of specialized 
     facilities, such as training facilities and resources;
       ``(F) manage the current Department Workspace Standard for 
     Office Space in accordance with the Department office 
     workspace design process to develop the most efficient and 
     effective spaces within the workspace standard usable square 
     foot ranges for all leased for office space entered into on 
     or after the date of the enactment of this section, including 
     the renewal of any leases for office space existing as of 
     such date;
       ``(G) define, based on square footage, what constitutes a 
     major real property acquisition;
       ``(H) prioritize actions to be taken to improve the 
     operations and management of the Department's real property 
     inventory, based on life-cycle cost estimations, in 
     consultation with component heads;
       ``(I) include information on the headquarters consolidation 
     project of the Department, including--
       ``(i) an updated list of the components and offices to be 
     included in the project;
       ``(ii) a comprehensive assessment of the current and future 
     real property required by the Department at the site; and
       ``(iii) updated cost and schedule estimates; and
       ``(J) include any additional information determined 
     appropriate or relevant by the Under Secretary for 
     Management.
       ``(2) Second strategy.--The second 5-year strategy 
     developed in accordance with subsection (a)(2) shall include 
     information required in subparagraphs (A), (B), (C), (E), 
     (F), (G), (H), (I), and (J) of paragraph (1) and information 
     on the effectiveness of implementation efforts pursuant to 
     the Department-wide policy required in accordance with 
     subsection (c), including--
       ``(A) the impact of such implementation on departmental 
     operations and costs; and
       ``(B) the degree to which the Department established 
     central Department locations and co-located Department 
     components pursuant to the results of the examination 
     required by paragraph (1)(D).

[[Page S3784]]

       ``(c) Implementation Policies.--Not later than 90 days 
     after the development of each of the regional real property 
     strategies developed in accordance with subsection (a), the 
     Under Secretary for Management shall develop or update, as 
     applicable, a Department-wide policy implementing such 
     strategies.
       ``(d) Certifications.--Subject to subsection (g)(3), the 
     implementation policies developed pursuant to subsection (c) 
     shall require component heads to certify to the Under 
     Secretary for Management that such heads have complied with 
     the requirements specified in subsection (b) before making 
     any major real property decision or recommendation, as 
     defined by the Under Secretary, including matters related to 
     new leased space, renewing any existing leases, or agreeing 
     to extend or newly occupy any Federal space or new 
     construction, in accordance with the applicable regional real 
     property strategy developed in accordance with subsection 
     (a).
       ``(e) Underutilized Space.--
       ``(1) In general.--The implementation policies developed 
     pursuant to subsection (c) shall require component heads, 
     acting through regional property managers under subsection 
     (f), to annually report to the Under Secretary for Management 
     on underutilized space and identify space that may be made 
     available for use, as applicable, by other components or 
     Federal agencies.
       ``(2) Exception.--The Under Secretary for Management may 
     grant an exception to the workspace standard usable square 
     foot ranges described in subsection (b)(1)(F) for specific 
     office locations at which a reduction or elimination of 
     otherwise underutilized space would negatively impact a 
     component's ability to execute its mission based on readiness 
     performance measures or would increase the cost of such 
     space.
       ``(3) Underutilized space defined.--In this subsection, the 
     term `underutilized space' means any space with respect to 
     which utilization is greater than the workplace standard 
     usable square foot ranges described in subsection (b)(1)(F).
       ``(f) Component Responsibilities.--
       ``(1) Regional property managers.--Each component head 
     shall identify a senior career employee of each such 
     component for each geographic region included in the regional 
     real property strategies developed in accordance with 
     subsection (a) to serve as each such component's regional 
     property manager. Each such regional property manager shall 
     serve as a single point of contact for Department 
     headquarters and other Department components for all real 
     property matters relating to each such component within the 
     region in which each such component is located, and provide 
     data and any other support necessary for the Department of 
     Homeland Security Regional Mission Support Coordinator 
     strategic asset and portfolio planning and execution.
       ``(2) Data.--Regional property managers under paragraph (1) 
     shall provide annually to the Under Secretary for Management, 
     via a standardized and centralized system, data on each 
     component's real property holdings, as specified by the 
     Undersecretary for Management, including relating to 
     underutilized space under subsection (e) (as such term is 
     defined in such subsection), total square footage leased, 
     annual cost, and total number of staff, for each geographic 
     region included in the regional real property strategies 
     developed in accordance with subsection (a).
       ``(g) Ongoing Oversight.--
       ``(1) In general.--The Under Secretary for Management shall 
     monitor components' adherence to the regional real property 
     strategies developed in accordance with subsection (a) and 
     the implementation policies developed pursuant to subsection 
     (c).
       ``(2) Annual review.--The Under Secretary for Management 
     shall annually review the data submitted pursuant to 
     subsection (f)(2) to ensure all underutilized space (as such 
     term is defined in subsection (e)) is properly identified.
       ``(3) Certification review.--The Under Secretary for 
     Management shall review, and if appropriate, approve, 
     component certifications under subsection (d) before such 
     components may make any major real property decision, 
     including matters related to new leased space, renewing any 
     existing leases, or agreeing to extend or newly occupy any 
     Federal space or new construction, in accordance with the 
     applicable regional real property strategy developed in 
     accordance with subsection (a).
       ``(4) Congressional reporting.--The Under Secretary for 
     Management shall annually provide information to the 
     Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Inspector General 
     of the Department on the real property portfolio of the 
     Department, including information relating to the following:
       ``(A) A summary of the Department's real property holdings 
     in each region described in the regional strategies developed 
     in accordance with subsection (a), and for each such 
     property, information including the total square footage 
     leased, the total cost, the total number of staff at each 
     such property, and the square foot per person utilization 
     rate for office space (and whether or not it conforms with 
     the workspace standard usable square foot ranges established 
     described in subsection (b)(1)(F)).
       ``(B) An accounting of all underutilized space (as such 
     term is defined in subsection (e)).
       ``(C) An accounting of all instances in which the 
     Department or its components consolidated their real property 
     holdings or co-located with another entity within the 
     Department.
       ``(D) A list of all certifications provided pursuant to 
     subsection (d) and all such certifications approved pursuant 
     to paragraph (3) of this subsection.
       ``(5) Inspector general review.--Not later than 120 days 
     after the last day of the fifth fiscal year covered in each 
     of the initial and second regional real property strategies 
     developed in accordance with subsection (a), the Inspector 
     General of the Department shall review the information 
     submitted pursuant to paragraph (4) and issue findings 
     regarding the effectiveness of the implementation of the 
     Department-wide policy and oversight efforts of the 
     management of real property facilities, personal property, 
     mobile assets, equipment and the Department's other material 
     resources as required under this section.''.
       (c) Reporting.--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 copies of the regional 
     strategies developed in accordance with section 713(a) of the 
     Homeland Security Act of 2002, as added by this Act, not 
     later than 90 days after the date of the development of each 
     such strategy.
       (d) Rules of Construction.--Nothing in this Act or an 
     amendment made by this Act shall be construed to effect, 
     modify, or supersede--
       (1) the responsibility of agencies for management of their 
     real property holdings pursuant to title 40 of the United 
     States Code; or
       (2) the reporting requirements included in the Department 
     of Homeland Security Headquarters Consolidation 
     Accountability Act of 2015 (Public Law 114-150; 130 Stat. 
     366).
       (e) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1108, is amended 
     by inserting after the item relating to section 710 the 
     following:

``Sec. 711. Annual submittal to Congress of information on 
              reprogramming or transfers of funds to respond to 
              operational surges.
``Sec. 712. Chief Facilities and Logistics Officer.
``Sec. 713. Long term real property strategies.''.

     SEC. 1116. REPORT TO CONGRESS ON COST SAVINGS AND EFFICIENCY.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the congressional homeland security 
     committees (as defined in section 2 of the Homeland Security 
     Act of 2002, as amended by this Act) a report that includes 
     each of the following:
       (1) A detailed accounting of the management and 
     administrative expenditures and activities of each component 
     of the Department of Homeland Security and identifies 
     potential cost savings, avoidances, and efficiencies for 
     those expenditures and activities.
       (2) An examination of major physical assets of the 
     Department of Homeland Security, as defined by the Secretary 
     of Homeland Security.
       (3) A review of the size, experience level, and geographic 
     distribution of the operational personnel of the Department 
     of Homeland Security.
       (4) Recommendations for adjustments in the management and 
     administration of the Department of Homeland Security that 
     would reduce deficiencies in the capabilities of the 
     Department of Homeland Security, reduce costs, and enhance 
     efficiencies.
       (b) Form of Report.--The report required under subsection 
     (a) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 1117. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       (a) In General.--Title XIX of the Homeland Security Act of 
     2002 (6 U.S.C. 591 et seq.) is amended--
       (1) in the title heading, by striking ``DOMESTIC NUCLEAR 
     DETECTION OFFICE'' and inserting ``COUNTERING WEAPONS OF MASS 
     DESTRUCTION OFFICE'';
       (2) by striking section 1901 and inserting the following:

     ``SEC. 1900. DEFINITIONS.

       ``In this title:
       ``(1) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary for the Countering Weapons of 
     Mass Destruction Office.
       ``(2) Office.--The term `Office' means the Countering 
     Weapons of Mass Destruction Office established under section 
     1901(a).
       ``(3) Weapon of mass destruction.--The term `weapon of mass 
     destruction' has the meaning given the term in section 101 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).

     ``Subtitle A--Countering Weapons of Mass Destruction Office'';

     ``SEC. 1901. COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE.

       ``(a) Establishment.--There is established in the 
     Department a Countering Weapons of Mass Destruction Office.

[[Page S3785]]

       ``(b) Assistant Secretary.--The Office shall be headed by 
     an Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office, who shall be appointed by the President.
       ``(c) Responsibilities.--The Assistant Secretary shall 
     serve as the Secretary's principal advisor on--
       ``(1) weapons of mass destruction matters and strategies; 
     and
       ``(2) coordinating the efforts to counter weapons of mass 
     destruction.'';
       (3) by adding at the end the following:

                  ``Subtitle B--Mission of the Office

     ``SEC. 1921. MISSION OF THE OFFICE.

       ``The Office shall be responsible for coordinating with 
     other Federal efforts and developing departmental strategy 
     and policy to plan, detect, or protect against the 
     importation, possession, storage, transportation, 
     development, or use of unauthorized chemical, biological, 
     radiological, or nuclear materials, devices, or agents, in 
     the United States and to protect against an attack using such 
     materials, devices, or agents against the people, territory, 
     or interests of the United States.

     ``SEC. 1922. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
                   FEDERAL AGENCIES.

       ``(a) In General.--The authority of the Assistant Secretary 
     under this title shall neither affect nor diminish the 
     authority or the responsibility of any officer of the 
     Department or of any officer of any other department or 
     agency of the United States with respect to the command, 
     control, or direction of the functions, personnel, funds, 
     assets, and liabilities of any entity within the Department 
     or any Federal department or agency.
       ``(b) Federal Emergency Management Agency.--Nothing in this 
     title or any other provision of law may be construed to 
     affect or reduce the responsibilities of the Federal 
     Emergency Management Agency or the Administrator of the 
     Agency, including the diversion of any asset, function, or 
     mission of the Agency or the Administrator of the Agency.'';
       (4) by striking section 1905;
       (5) by redesignating sections 1902, 1903, 1904, 1906, and 
     1907 as sections 1923, 1924, 1925, 1926, and 1927, 
     respectively, and transferring such sections to appear after 
     section 1922, as added by paragraph (3);
       (6) in section 1923, as so redesignated--
       (A) in the section heading by striking ``mission of 
     office'' and inserting ``responsibilities''; and
       (B) in subsection (a)(11), by striking ``Domestic Nuclear 
     Detection Office'' and inserting ``Countering Weapons of Mass 
     Destruction Office'';
       (7) in section 1925(a), as so redesignated, by striking 
     ``section 1902'' and inserting ``section 1923'';
       (8) in section 1926, as so redesignated--
       (A) by striking ``section 1902(a)'' each place it appears 
     and inserting ``section 1923(a)''; and
       (B) in the matter preceding paragraph (1), by striking 
     ``Director for Domestic Nuclear Detection'' and inserting 
     ``Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office''; and
       (9) in section 1927, as so redesignated--
       (A) in subsection (a)(1)(C), in the matter preceding clause 
     (i), by striking ``Director of the Domestic Nuclear Detection 
     Office'' and inserting ``Assistant Secretary for the 
     Countering Weapons of Mass Destruction Office''; and
       (B) in subsection (c), by striking ``section 1902'' and 
     inserting ``section 1923''.
       (b) References and Construction.--
       (1) In general.--Any reference in law, regulation, 
     document, paper, or other record of the United States to--
       (A) the Domestic Nuclear Detection Office shall be deemed 
     to be a reference to the Countering Weapons of Mass 
     Destruction Office; and
       (B) the Director for Domestic Nuclear Detection shall be 
     deemed to be a reference to the Assistant Secretary for the 
     Countering Weapons of Mass Destruction Office.
       (2) Construction.--Sections 1923 through 1927 of the 
     Homeland Security Act of 2002, as so redesignated by 
     subsection (a), shall be construed to cover the chemical and 
     biological responsibilities of the Assistant Secretary for 
     the Countering Weapons of Mass Destruction Office.
       (3) Authority.--The authority of the Director of the 
     Domestic Nuclear Detection Office to make grants is 
     transferred to the Assistant Secretary for the Countering 
     Weapons of Mass Destruction, and such authority shall be 
     construed to include grants for all purposes of title XIX of 
     the Homeland Security Act of 2002, as amended by this Act.
       (c) Chief Medical Officer.--
       (1) Repeal.--Title V of the Homeland Security Act of 2002 
     (6 U.S.C. 311 et seq.) is amended by striking section 516.
       (2) Amendment.--Title XIX of the Homeland Security Act of 
     2002 (6 U.S.C. 591 et seq.), as amended by subsection (a), is 
     amended by adding at the end the following:

                  ``Subtitle C--Chief Medical Officer

     ``SEC. 1931. CHIEF MEDICAL OFFICER.

       ``(a) In General.--There is in the Department a Chief 
     Medical Officer, who shall be appointed by the Secretary. The 
     Chief Medical Officer shall report to the Assistant 
     Secretary.
       ``(b) Qualifications.--The individual appointed as Chief 
     Medical Officer shall be a licensed physician possessing a 
     demonstrated ability in and knowledge of medicine and public 
     health.
       ``(c) Responsibilities.--The Chief Medical Officer shall 
     have the responsibility within the Department for medical 
     issues related to natural disasters, acts of terrorism, and 
     other man-made disasters including--
       ``(1) serving as the principal advisor to the Secretary, 
     the Assistant Secretary, and other Department officials on 
     medical and public health issues;
       ``(2) providing operational medical support to all 
     components of the Department;
       ``(3) as appropriate provide medical liaisons to the 
     components of the Department, on a reimbursable basis, to 
     provide subject matter expertise on operational medical 
     issues;
       ``(4) coordinating with State, local, and tribal 
     governments, the medical community, and others within and 
     outside the Department, including the Department of Health 
     and Human Services Centers for Disease Control, with respect 
     to medical and public health matters; and
       ``(5) performing such other duties relating to such 
     responsibilities as the Secretary may require.''.
       (3) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 516.
       (d) Workforce Health and Medical Support.--
       (1) In general.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as amended by section 1115, is 
     amended by adding at the end the following:

     ``SEC. 714. WORKFORCE HEALTH AND MEDICAL SUPPORT.

       ``(a) In General.--The Under Secretary for Management shall 
     be responsible for workforce-focused health and medical 
     activities of the Department. The Under Secretary for 
     Management may further delegate these responsibilities as 
     appropriate.
       ``(b) Responsibilities.--The Under Secretary for 
     Management, in coordination with the Chief Medical Officer, 
     shall--
       ``(1) provide oversight and coordinate the medical and 
     health activities of the Department for the human and animal 
     personnel of the Department;
       ``(2) establish medical, health, veterinary, and 
     occupational health exposure policy, guidance, strategies, 
     and initiatives for the human and animal personnel of the 
     Department;
       ``(3) as deemed appropriate by the Under Secretary, provide 
     medical liaisons to the components of the Department, on a 
     reimbursable basis, to provide subject matter expertise on 
     occupational medical and public health issues;
       ``(4) serve as the primary representative for the 
     Department on agreements regarding the detail of Department 
     of Health and Human Services Public Health Service 
     Commissioned Corps Officers to the Department, except that 
     components and offices of the Department shall retain 
     authority for funding, determination of specific duties, and 
     supervision of Commissioned Corps officers detailed to a 
     Department component; and
       ``(5) perform such other duties relating to such 
     responsibilities as the Secretary may require.''.
       (e) Transfers; Abolishment.--
       (1) Transfers.--The Secretary of Homeland Security shall 
     transfer--
       (A) to the Countering Weapons of Mass Destruction Office 
     all functions, personnel, budget authority, and assets of--
       (i) the Domestic Nuclear Detection Office, as in existence 
     on the day before the date of enactment of this Act; and
       (ii) the Office of Health Affairs, as in existence on the 
     day before the date of enactment of this Act, other than the 
     functions, personnel, budget authority, and assets of such 
     office necessary to perform the functions of section 714 of 
     the Homeland Security Act of 2002, as added by this Act; and
       (B) to the Directorate of Management all functions, 
     personnel, budget authority, and assets of the Office of 
     Health Affairs, as in existence on the day before the date of 
     enactment of this Act, that are necessary to perform the 
     functions of section 714 of the Homeland Security Act of 
     2002, as added by this Act.
       (2) Abolishment.--Upon completion of all transfers pursuant 
     to paragraph (1)--
       (A) the Domestic Nuclear Detection Office of the Department 
     of Homeland Security and the Office of Health Affairs of the 
     Department of Homeland Security are abolished;
       (B) the positions of Assistant Secretary for Health Affairs 
     and Director for Domestic Nuclear Detection are abolished.
       (f) Conforming Amendments.--
       (1) Other officers.--Section 103(d) of the Homeland 
     Security Act of 2002 (6 U.S.C. 113(d)) is amended--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraph (5) as paragraph (4).
       (2) National biosurveillance integration center.--Section 
     316(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     195b(a)) is amended by striking ``Secretary shall'' and 
     inserting ``Secretary, acting through the Assistant Secretary 
     for the Countering Weapons of Mass Destruction Office, 
     shall''.
       (3) International cooperation.--Section 317(f) of the 
     Homeland Security Act of 2002 (6 U.S.C. 195c(f)) is amended 
     by striking ``the Chief Medical Officer,'' and inserting 
     ``the Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office,''.

[[Page S3786]]

       (4) Functions transferred.--Section 505(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 315(b)) is amended--
       (A) by striking paragraph (4);
       (B) by redesignating paragraph (5) as paragraph (4); and
       (C) in paragraph (4), as so redesignated, by striking 
     ``through (4)'' and inserting ``through (3)''.
       (5) Coordination of department of homeland security efforts 
     related to food, agriculture, and veterinary defense against 
     terrorism.--Section 528(a) of the Homeland Security Act of 
     2002 (6 U.S.C. 321q(a)) is amended by striking ``Health 
     Affairs,'' and inserting ``the Countering Weapons of Mass 
     Destruction Office,''.
       (g) Department of Homeland Security Chemical, Biological, 
     Radiological, and Nuclear Activities.--Not later than 1 year 
     after the date of enactment of this Act and once every year 
     thereafter, the Secretary of Homeland Security shall provide 
     a briefing and report to the appropriate congressional 
     committees (as defined in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101) on--
       (1) the organization and management of the chemical, 
     biological, radiological, and nuclear activities of the 
     Department of Homeland Security, including research and 
     development activities, and the location of each activity 
     under the organizational structure of the Countering Weapons 
     of Mass Destruction Office;
       (2) a comprehensive inventory of chemical, biological, 
     radiological, and nuclear activities, including research and 
     development activities, of the Department of Homeland 
     Security, highlighting areas of collaboration between 
     components, coordination with other agencies, and the 
     effectiveness and accomplishments of consolidated chemical, 
     biological, radiological, and nuclear activities of the 
     Department of Homeland Security, including research and 
     development activities;
       (3) information relating to how the organizational 
     structure of the Countering Weapons of Mass Destruction 
     Office will enhance the development of chemical, biological, 
     radiological, and nuclear priorities and capabilities across 
     the Department of Homeland Security;
       (4) a discussion of any resulting cost savings and 
     efficiencies gained through activities described in 
     paragraphs (1) and (2); and
       (5) recommendations for any necessary statutory changes, 
     or, if no statutory changes are necessary, an explanation of 
     why no statutory or organizational changes are necessary.
       (h) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by subsection (b), is 
     amended--
       (1) by inserting after the item relating to section 713 the 
     following:

``Sec. 714. Workforce health and medical support.'';
     and
       (2) by striking the item relating to title XIX (including 
     items relating to section 1901 through section 1907) and 
     inserting the following:

       ``TITLE XIX--COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

``Sec. 1900. Definitions.

      ``Subtitle A--Countering Weapons of Mass Destruction Office

``Sec. 1901. Countering Weapons of Mass Destruction Office.

                  ``Subtitle B--Mission of the Office

``Sec. 1921. Mission of the Office.
``Sec. 1922. Relationship to other department entities and Federal 
              agencies.
``Sec. 1923. Responsibilities.
``Sec. 1924. Hiring authority.
``Sec. 1925. Testing authority.
``Sec. 1926. Contracting and grant making authorities.
``Sec. 1927. Joint annual interagency review of global nuclear 
              detection architecture.

                  ``Subtitle C--Chief Medical Officer

``Sec. 1931. Chief Medical Officer.''.
       (i) Sunset.--
       (1) Definition.--In this subsection, the term ``sunset 
     date'' means the date that is 5 years after the date of 
     enactment of this Act.
       (2) Amendments.--Effective on the sunset date:
       (A) Title XIX of the Homeland Security Act of 2002 (6 
     U.S.C. 591 et seq.) is amended--
       (i) in the title heading, by striking ``COUNTERING WEAPONS 
     OF MASS DESTRUCTION OFFICE'' and inserting ``DOMESTIC NUCLEAR 
     DETECTION OFFICE'';
       (ii) by striking section 1900 and all that follows through 
     the end of section 1901 and inserting the following:

     ``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.

       ``(a) Establishment.--There shall be established in the 
     Department a Domestic Nuclear Detection Office (referred to 
     in this title as the `Office'). The Secretary may request 
     that the Secretary of Defense, the Secretary of Energy, the 
     Secretary of State, the Attorney General, the Nuclear 
     Regulatory Commission, and the directors of other Federal 
     agencies, including elements of the Intelligence Community, 
     provide for the reimbursable detail of personnel with 
     relevant expertise to the Office.
       ``(b) Director.--The Office shall be headed by a Director 
     for Domestic Nuclear Detection, who shall be appointed by the 
     President.'';
       (iii) by redesignating sections 1923, 1924, 1925, 1926, and 
     1927 as sections 1902, 1903, 1904, 1906, and 1907, 
     respectively, and transferring such sections to appear after 
     section 1901, as added by clause (ii);
       (iv) in section 1902, as so redesignated--

       (I) in the section heading by striking ``responsibilities'' 
     and inserting ``mission of office''; and
       (II) in subsection (a)(11), by striking ``Countering 
     Weapons of Mass Destruction Office'' and inserting ``Domestic 
     Nuclear Detection Office'';

       (v) in section 1904(a), as so redesignated, by striking 
     ``section 1923'' and inserting ``section 1902'';
       (vi) by inserting after section 1904, as redesignated and 
     transferred by clause (iii), the following:

     ``SEC. 1905. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
                   FEDERAL AGENCIES.

       ``The authority of the Director under this title shall not 
     affect the authorities or responsibilities of any officer of 
     the Department or of any officer of any other department or 
     agency of the United States with respect to the command, 
     control, or direction of the functions, personnel, funds, 
     assets, and liabilities of any entity within the Department 
     or any Federal department or agency.'';
       (vii) in section 1906, as so redesignated--

       (I) by striking ``section 1923(a)'' each place it appears 
     and inserting ``section 1902(a)''; and
       (II) in the matter preceding paragraph (1), by striking 
     ``Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office'' and inserting ``Director for Domestic 
     Nuclear Detection''; and

       (viii) in section 1907, as so redesignated--

       (I) in subsection (a)(1)(C), in the matter preceding clause 
     (i), by striking ``Assistant Secretary for the Countering 
     Weapons of Mass Destruction Office'' and inserting ``Director 
     of the Domestic Nuclear Detection Office''; and
       (II) in subsection (c), by striking ``section 1923'' and 
     inserting ``section 1902''; and

       (ix) by striking the heading for subtitle B and all that 
     follows through the end of section 1931.
       (B) Title V of the Homeland Security Act of 2002 (6 U.S.C. 
     311 et seq.) is amended by inserting after section 515 the 
     following:

     ``SEC. 516. CHIEF MEDICAL OFFICER.

       ``(a) In General.--There is in the Department a Chief 
     Medical Officer, who shall be appointed by the President.
       ``(b) Qualifications.--The individual appointed as Chief 
     Medical Officer shall possess a demonstrated ability in and 
     knowledge of medicine and public health.
       ``(c) Responsibilities.--The Chief Medical Officer shall 
     have the primary responsibility within the Department for 
     medical issues related to natural disasters, acts of 
     terrorism, and other man-made disasters, including--
       ``(1) serving as the principal advisor to the Secretary and 
     the Administrator on medical and public health issues;
       ``(2) coordinating the biodefense activities of the 
     Department;
       ``(3) ensuring internal and external coordination of all 
     medical preparedness and response activities of the 
     Department, including training, exercises, and equipment 
     support;
       ``(4) serving as the Department's primary point of contact 
     with the Department of Agriculture, the Department of 
     Defense, the Department of Health and Human Services, the 
     Department of Transportation, the Department of Veterans 
     Affairs, and other Federal departments or agencies, on 
     medical and public health issues;
       ``(5) serving as the Department's primary point of contact 
     for State, local, and tribal governments, the medical 
     community, and others within and outside the Department, with 
     respect to medical and public health matters;
       ``(6) discharging, in coordination with the Under Secretary 
     for Science and Technology, the responsibilities of the 
     Department related to Project Bioshield; and
       ``(7) performing such other duties relating to such 
     responsibilities as the Secretary may require.''.
       (C) Title VII of the Homeland Security Act of 2002 (6 
     U.S.C. 341 et seq.) is amended by striking section 714.
       (D) Section 103(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 113(d)) is amended--
       (i) by redesignating paragraph (4) as paragraph (5); and
       (ii) by inserting after paragraph (3) the following:
       ``(4) A Director for Domestic Nuclear Detection.''.
       (E) Section 316(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 195b(a)) is amended by striking ``, acting through the 
     Assistant Secretary for the Countering Weapons of Mass 
     Destruction Office,''.
       (F) Section 317(f) of the Homeland Security Act of 2002 (6 
     U.S.C. 195c(f)) is amended by striking ``the Assistant 
     Secretary for the Countering Weapons of Mass Destruction 
     Office,'' and inserting ``the Chief Medical Officer,''.
       (G) Section 505(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 315(b)) is amended--
       (i) by redesignating paragraph (4) as paragraph (5);
       (ii) by inserting after paragraph (3) the following:
       ``(4) The Office of the Chief Medical Officer.''; and

[[Page S3787]]

       (iii) in paragraph (5), as so redesignated, by striking 
     ``through (3)'' and inserting ``through (4)''.
       (H) Section 528(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 321q(a)) is amended by striking ``Health Affairs,'' 
     and inserting ``the Countering Weapons of Mass Destruction 
     Office,''.
       (I) The table of contents in section 1(b) of the Homeland 
     Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is 
     amended--
       (i) by inserting after the item relating to section 515 the 
     following:

``Sec. 516. Chief medical officer.'';
       (ii) by striking the item relating to section 714; and
       (iii) by striking the item relating to title XIX (including 
     items relating to section 1900 through section 1931) and 
     inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal 
              agencies.
``Sec. 1906. Contracting and grant making authorities.
``Sec. 1907. Joint annual interagency review of global nuclear 
              detection architecture.''.
       (3) This act.--Effective on the sunset date, subsections 
     (a) through (h) of this section, and the amendments made by 
     such subsections, shall have no force or effect.
       (4) Transfers; abolishment.--
       (A) Transfers.--The Secretary of Homeland Security shall 
     transfer--
       (i) to the Domestic Nuclear Detection Office, all 
     functions, personnel, budget authority, and assets of the 
     Countering Weapons of Mass Destruction Office, as in 
     existence on the day before the sunset date, except for the 
     functions, personnel, budget authority, and assets that were 
     transferred to the Countering Weapons of Mass Destruction 
     Office under subsection (e)(1)(A)(i); and
       (ii) to the Office of Health Affairs, the functions, 
     personnel, budget authority, and assets that were transferred 
     to the Countering Weapons of Mass Destruction Office under 
     subsection (e)(1)(A)(ii) or to the Directorate of Management 
     under subsection (e)(1)(B).
       (B) Abolishment.--Upon completion of all transfers pursuant 
     to subparagraph (A)--
       (i) the Countering Weapons of Mass Destruction Office of 
     the Department of Homeland Security is abolished; and
       (ii) the position of Assistant Secretary for the Countering 
     Weapons of Mass Destruction Office is abolished.

     SEC. 1118. ACTIVITIES RELATED TO INTERNATIONAL AGREEMENTS; 
                   ACTIVITIES RELATED TO CHILDREN.

       Section 708(c) of the Homeland Security Act of 2002, as so 
     redesignated by section 1142 of this Act, is amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (2) by inserting after paragraph (5) the following:
       ``(6) enter into agreements with governments of other 
     countries, in consultation with the Secretary of State or the 
     head of another agency, as appropriate, international 
     organizations, and international nongovernmental 
     organizations in order to achieve the missions of the 
     Department;''; and
       (3) in paragraph (7), as so redesignated, by inserting ``, 
     including feedback from organizations representing the needs 
     of children,'' after ``stakeholder feedback''.

     SEC. 1119. CANINE DETECTION RESEARCH AND DEVELOPMENT.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.), as amended by section 1601 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 321. CANINE DETECTION RESEARCH AND DEVELOPMENT.

       ``(a) In General.--In furtherance of domestic preparedness 
     and response, the Secretary, acting through the Under 
     Secretary for Science and Technology, and in consultation 
     with other relevant executive agencies, relevant State, 
     local, and tribal governments, and academic and industry 
     stakeholders, shall, to the extent practicable, conduct 
     research and development of canine detection technology to 
     mitigate the risk of the threats of existing and emerging 
     weapons of mass destruction.
       ``(b) Scope.--The scope of the research and development 
     under subsection (a) may include the following:
       ``(1) Canine-based sensing technologies.
       ``(2) Chem-Bio defense technologies.
       ``(3) New dimensions of olfaction biology.
       ``(4) Novel chemical sensing technologies.
       ``(5) Advances in metabolomics and volatilomics.
       ``(6) Advances in gene therapy, phenomics, and molecular 
     medicine.
       ``(7) Reproductive science and technology.
       ``(8) End user techniques, tactics, and procedures.
       ``(9) National security policies, standards and practices 
     for canine sensing technologies.
       ``(10) Protective technology, medicine, and treatments for 
     the canine detection platform.
       ``(11) Domestic capacity and standards development.
       ``(12) Emerging threat detection.
       ``(13) Training aids.
       ``(14) Genetic, behavioral, and physiological optimization 
     of the canine detection platform.
       ``(c) Coordination and Collaboration.--The Secretary, 
     acting through the Under Secretary for Science and 
     Technology, shall ensure research and development activities 
     are conducted in coordination and collaboration with 
     academia, all levels of government, and private sector 
     stakeholders.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135), as amended by this Act, is amended 
     by inserting after the item relating to section 320 the 
     following:

``Sec. 321. Canine detection research and development.''.

             Subtitle B--Human Resources and Other Matters

     SEC. 1131. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

       Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 
     344) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``and in line'' and inserting ``, in 
     line''; and
       (ii) by inserting ``and informed by successful practices 
     within the Federal Government and the private sector,'' after 
     ``priorities,'';
       (B) in paragraph (2), by striking ``develop performance 
     measures to provide a basis for monitoring and evaluating'' 
     and inserting ``develop performance measures to monitor and 
     evaluate on an ongoing basis,'';
       (C) in paragraph (4), by inserting ``including leader 
     development and employee engagement programs,'' before ``in 
     coordination'';
       (D) by redesignating paragraphs (9) and (10) as paragraphs 
     (14) and (15), respectively;
       (E) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively;
       (F) by inserting after paragraph (2) the following:
       ``(3) assess the need of administrative and mission support 
     staff across the Department, to identify and eliminate the 
     unnecessary use of mission-critical staff for administrative 
     and mission support positions;'';
       (G) in paragraph (6), as so redesignated, by inserting 
     before the semicolon at the end the following: ``that is 
     informed by appropriate workforce planning initiatives''; and
       (H) by inserting after paragraph (9), as so redesignated, 
     the following:
       ``(10) maintain a catalogue of available employee 
     development opportunities easily accessible to employees of 
     the Department, including departmental leadership development 
     programs, interagency development programs, and rotational 
     programs;
       ``(11) approve the selection and organizational placement 
     of each senior human capital official of each component of 
     the Department and participate in the periodic performance 
     reviews of each such senior human capital official;
       ``(12) assess the success of the Department and the 
     components of the Department regarding efforts to recruit and 
     retain employees in rural and remote areas, and make policy 
     recommendations as appropriate to the Secretary and to 
     Congress;
       ``(13) develop performance measures to monitor and evaluate 
     on an ongoing basis any significant contracts issued by the 
     Department or a component of the Department to a private 
     entity regarding the recruitment, hiring, or retention of 
     employees;''.

     SEC. 1132. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as amended by section 1117, is 
     amended by adding at the end the following:

     ``SEC. 715. EMPLOYEE ENGAGEMENT AND RETENTION ACTION PLAN.

       ``(a) In General.--The Secretary shall--
       ``(1) not later than 180 days after the date of enactment 
     of this section, and not later than September 30 of each 
     fiscal year thereafter, issue a Department-wide employee 
     engagement and retention action plan to inform and execute 
     strategies for improving employee engagement, employee 
     retention, Department management and leadership, diversity 
     and inclusion efforts, employee morale, training and 
     development opportunities, and communications within the 
     Department, which shall reflect--
       ``(A) input from representatives from operational 
     components, headquarters, and field personnel, including 
     supervisory and non-supervisory personnel, and employee labor 
     organizations that represent employees of the Department;
       ``(B) employee feedback provided through annual employee 
     surveys, questionnaires, and other communications; and
       ``(C) performance measures, milestones, and objectives that 
     reflect the priorities and strategies of the action plan to 
     improve employee engagement and retention; and
       ``(2) require the head of each operational component of the 
     Department to--
       ``(A) develop and implement a component-specific employee 
     engagement and retention plan to advance the action plan 
     required under paragraph (1) that includes performance 
     measures and objectives, is informed by employee feedback 
     provided through annual employee surveys, questionnaires, and 
     other communications, as appropriate, and sets forth how 
     employees and, if applicable, their

[[Page S3788]]

     labor representatives are to be integrated in developing 
     programs and initiatives;
       ``(B) monitor progress on implementation of such action 
     plan; and
       ``(C) provide to the Chief Human Capital Officer quarterly 
     reports on actions planned and progress made under this 
     paragraph.
       ``(b) Rule of Construction.--Nothing in this section shall 
     be construed to limit the ability of the departmental or 
     component leadership from developing innovative approaches 
     and strategies to employee engagement or retention not 
     specifically required under this section.
       ``(c) Repeal.--This section shall be repealed on the date 
     that is 5 years after the date of enactment of this 
     section.''.
       (b) Clerical Amendment.--
       (1) In general.--The table of contents in section 1(b) of 
     the Homeland Security Act of 2002 (Public Law 107-296; 116 
     Stat. 2135), as amended by section 1117, is amended by 
     inserting after the item related to section 714 the 
     following:

``Sec. 715. Employee engagement and retention plan.''.
       (2) Repeal.--The amendment made by paragraph (1) shall be 
     repealed on the date that is 5 years after the date of 
     enactment of this Act.
       (c) Submissions to Congress.--
       (1) Department-wide employee engagement action plan.--Not 
     later than 2 years after the date of enactment of this Act, 
     and once 2 years thereafter, 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 
     Department-wide employee engagement action plan required 
     under section 715 of the Homeland Security Act of 2002, as 
     added by subsection (a).
       (2) Component-specific employee engagement plans.--Each 
     head of a component of the Department of Homeland Security 
     shall submit to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate the 
     component-specific employee engagement plan of each such 
     component required under section 715(a)(2) of the Homeland 
     Security Act of 2002 (as added by subsection (a)) not later 
     than 30 days after the issuance of each such plan under such 
     section 715(a)(2).

     SEC. 1133. REPORT DISCUSSING SECRETARY'S RESPONSIBILITIES, 
                   PRIORITIES, AND AN ACCOUNTING OF THE 
                   DEPARTMENT'S WORK REGARDING ELECTION 
                   INFRASTRUCTURE.

       (a) In General.--The Secretary of Homeland Security shall 
     continue to prioritize the provision of assistance, as 
     appropriate and on a voluntary basis, to State and local 
     election officials in recognition of the importance of 
     election infrastructure to the United States.
       (b) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and once each year thereafter, 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 
     Representatives a report detailing--
       (1) the responsibilities of the Secretary of Homeland 
     Security for coordinating the election infrastructure 
     critical infrastructure subsector;
       (2) the priorities of the Secretary of Homeland Security 
     for enhancing the security of election infrastructure over 
     the next 1- and 5-year periods that incorporates lessons 
     learned, best practices, and obstacles from the previous 
     year; and
       (3) a summary of the election infrastructure work of the 
     Department with each State, unit of local government, and 
     tribal and territorial government, as well as with the 
     Government Coordinating Council and the Sector Coordinating 
     Council, and interaction with other Federal departments and 
     agencies.
       (c) Form of Reports.--Each report submitted under 
     subsection (b) shall be unclassified, but may be accompanied 
     by a classified annex, if necessary.
       (d) Initial Report.--The first report submitted under 
     subsection (b) shall examine the period beginning on January 
     6, 2017 through the required reporting period.

     SEC. 1134. POLICY, GUIDANCE, TRAINING, AND COMMUNICATION 
                   REGARDING LAW ENFORCEMENT PERSONNEL.

       (a) In General.--The Secretary of Homeland Security (in 
     this section referred to as the ``Secretary'') shall conduct 
     an inventory and assessment of training provided to all law 
     enforcement personnel of the Department of Homeland Security 
     (referred to in this section as the ``Department''), 
     including use of force training, and develop and implement a 
     strategic plan to--
       (1) enhance, modernize, and expand training and continuing 
     education for law enforcement personnel; and
       (2) eliminate duplication and increase efficiencies in 
     training and continuing education programs.
       (b) Factors.--In carrying out subsection (a), the Secretary 
     shall take into account the follow factors:
       (1) The hours of training provided to law enforcement 
     personnel and whether such hours should be increased.
       (2) The hours of continuing education provided to law 
     enforcement personnel, and whether such hours should be 
     increased.
       (3) The quality of training and continuing education 
     programs and whether the programs are in line with current 
     best practices and standards.
       (4) The use of technology for training and continuing 
     education purposes, and whether such technology should be 
     modernized and expanded.
       (5) Reviews of training and education programs by law 
     enforcement personnel, and whether such programs maximize 
     their ability to carry out the mission of their components 
     and meet the highest standards of professionalism and 
     integrity.
       (6) Whether there is duplicative or overlapping training 
     and continuing education programs, and whether such programs 
     can be streamlined to reduce costs and increase efficiencies.
       (c) Input.--The Secretary shall work with relevant 
     components of the Department to take into account feedback 
     provided by law enforcement personnel (including 
     nonsupervisory personnel and employee labor organizations), 
     community stakeholders, the Office of Science and Technology, 
     and the Office for Civil Rights and Civil Liberties in 
     carrying out the assessment of, and developing and 
     implementing the strategic plan with respect to, training and 
     continuing education programs under subsection (a).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Chairman and Ranking Minority Member of the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Chairman and Ranking Minority Member of the Committee on 
     Homeland Security of the House of Representatives an 
     evaluation of the assessment of, and the development and 
     implementation of the strategic plan with respect to, 
     training and continuing education programs under subsection 
     (a).
       (e) Assessment.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Chairman and Ranking Minority 
     Member of the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Chairman and Ranking Minority 
     Member of the Committee on Homeland Security of the House of 
     Representatives a report that evaluates the assessment of, 
     and the development and implementation of the strategic plan 
     with respect to, training and continuing education programs 
     under subsection (a).
       (f) Timely Guidance, Communications, and Training Regarding 
     Policy Changes Affecting the Conduct of Law Enforcement and 
     Engagement With Members of the Public.--
       (1) Definition.--In this subsection, the term ``covered 
     order'' means any executive order, guidance, directive, or 
     memorandum that changes policies regarding the conduct of law 
     enforcement or engagement with members of the public by law 
     enforcement personnel.
       (2) Requirements.--The Secretary, in coordination with the 
     head of each affected law enforcement component of the 
     Department and in consultation with career executives in each 
     affected component, shall--
       (A) as expeditiously as possible, and not later than 45 
     days following the effective date of any covered order--
       (i) publish written documents detailing plans for the 
     implementation of the covered order;
       (ii) develop and implement a strategy to communicate 
     clearly with all law enforcement personnel actively engaged 
     in core law enforcement activities, both in supervisory and 
     nonsupervisory positions, and to provide prompt responses to 
     questions and concerns raised by such personnel, about the 
     covered order; and
       (iii) develop and implement a detailed plan to ensure that 
     all law enforcement personnel actively engaged in core law 
     enforcement activities are sufficiently and appropriately 
     trained on any new policies regarding the conduct of law 
     enforcement or engagement with members of the public 
     resulting from the covered order; and
       (B) submit to the Chairman and Ranking Minority Member of 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Chairman and Ranking Minority Member of 
     the Committee on Homeland Security of the House of 
     Representatives a report--
       (i) not later than 30 days after the effective date of any 
     covered order, that explains and provides a plan to remedy 
     any delay in taking action under subparagraph (A); and
       (ii) not later than 60 days after the effective date of any 
     covered order, that describes the actions taken by the 
     Secretary under subparagraph (A).

     SEC. 1135. HACK DHS BUG BOUNTY PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Bug bounty program.--The term ``bug bounty program'' 
     means a program under which an approved individual, 
     organization, or company is temporarily authorized to 
     identify and report vulnerabilities of Internet-facing 
     information technology of the Department in exchange for 
     compensation.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Information technology.--The term ``information 
     technology'' has the meaning given the term in section 11101 
     of title 40, United States Code.
       (4) Pilot program.--The term ``pilot program'' means the 
     bug bounty pilot program required to be established under 
     subsection (b)(1).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

[[Page S3789]]

       (b) Establishment of Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish, within 
     the Office of the Chief Information Officer, a bug bounty 
     pilot program to minimize vulnerabilities of Internet-facing 
     information technology of the Department.
       (2) Requirements.--In establishing the pilot program, the 
     Secretary shall--
       (A) provide compensation for reports of previously 
     unidentified security vulnerabilities within the websites, 
     applications, and other Internet-facing information 
     technology of the Department that are accessible to the 
     public;
       (B) award a competitive contract to an entity, as 
     necessary, to manage the pilot program and for executing the 
     remediation of vulnerabilities identified as a consequence of 
     the pilot program;
       (C) designate mission-critical operations within the 
     Department that should be excluded from the pilot program;
       (D) consult with the Attorney General on how to ensure that 
     approved individuals, organizations, or companies that comply 
     with the requirements of the pilot program are protected from 
     prosecution under section 1030 of title 18, United States 
     Code, and similar provisions of law for specific activities 
     authorized under the pilot program;
       (E) consult with the relevant offices at the Department of 
     Defense that were responsible for launching the 2016 ``Hack 
     the Pentagon'' pilot program and subsequent Department of 
     Defense bug bounty programs;
       (F) develop an expeditious process by which an approved 
     individual, organization, or company can register with the 
     entity described in subparagraph (B), submit to a background 
     check as determined by the Department, and receive a 
     determination as to eligibility for participation in the 
     pilot program; and
       (G) engage qualified interested persons, including non-
     government sector representatives, about the structure of the 
     pilot program as constructive and to the extent practicable.
       (c) Report.--Not later than 180 days after the date on 
     which the pilot program is completed, the Secretary shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report on the pilot 
     program, which shall include--
       (1) the number of approved individuals, organizations, or 
     companies involved in the pilot program, broken down by the 
     number of approved individuals, organizations, or companies 
     that--
       (A) registered;
       (B) were approved;
       (C) submitted security vulnerabilities; and
       (D) received compensation;
       (2) the number and severity of vulnerabilities reported as 
     part of the pilot program;
       (3) the number of previously unidentified security 
     vulnerabilities remediated as a result of the pilot program;
       (4) the current number of outstanding previously 
     unidentified security vulnerabilities and Department 
     remediation plans;
       (5) the average length of time between the reporting of 
     security vulnerabilities and remediation of the 
     vulnerabilities;
       (6) the types of compensation provided under the pilot 
     program; and
       (7) the lessons learned from the pilot program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department $250,000 for fiscal year 
     2018 to carry out this section.

     SEC. 1136. COST SAVINGS ENHANCEMENTS.

       (a) In General.--
       (1) Amendment.--Subchapter II of chapter 45 of title 5, 
     United States Code, is amended by inserting after section 
     4512 the following:

     ``Sec. 4512A. Department of Homeland Security awards for cost 
       savings disclosures

       ``(a) In this section, the term `surplus operations and 
     support funds' means amounts made available for the 
     operations and support account, or equivalent account, of the 
     Department of Homeland Security, or a component thereof--
       ``(1) that are identified by an employee of the Department 
     of Homeland Security under subsection (b) as unnecessary;
       ``(2) that the Inspector General of the Department of 
     Homeland Security determines are not required for the purpose 
     for which the amounts were made available;
       ``(3) that the Chief Financial Officer of the Department of 
     Homeland Security determines are not required for the purpose 
     for which the amounts were made available; and
       ``(4) the rescission of which would not be detrimental to 
     the full execution of the purposes for which the amounts were 
     made available.
       ``(b) The Inspector General of the Department of Homeland 
     Security may pay a cash award to any employee of the 
     Department of Homeland Security whose disclosure of fraud, 
     waste, or mismanagement or identification of surplus 
     operations and support funds to the Inspector General of the 
     Department of Homeland Security has resulted in cost savings 
     for the Department of Homeland Security. The amount of an 
     award under this section may not exceed the lesser of--
       ``(1) $10,000; or
       ``(2) an amount equal to 1 percent of the Department of 
     Homeland Security's cost savings which the Inspector General 
     determines to be the total savings attributable to the 
     employee's disclosure or identification.
     For purposes of paragraph (2), the Inspector General may take 
     into account Department of Homeland Security cost savings 
     projected for subsequent fiscal years which will be 
     attributable to such disclosure or identification.
       ``(c)(1) The Inspector General of the Department of 
     Homeland Security shall refer to the Chief Financial Officer 
     of the Department of Homeland Security any potential surplus 
     operations and support funds identified by an employee that 
     the Inspector General determines meets the requirements under 
     paragraphs (2) and (4) of subsection (a), along with any 
     recommendations of the Inspector General.
       ``(2)(A) If the Chief Financial Officer of the Department 
     of Homeland Security determines that potential surplus 
     operations and support funds referred under paragraph (1) 
     meet the requirements under subsection (a), except as 
     provided in subsection (d), the Secretary of Homeland 
     Security shall transfer the amount of the surplus operations 
     and support funds from the applicable appropriations account 
     to the general fund of the Treasury.
       ``(B) Any amounts transferred under subparagraph (A) shall 
     be deposited in the Treasury and used for deficit reduction, 
     except that in the case of a fiscal year for which there is 
     no Federal budget deficit, such amounts shall be used to 
     reduce the Federal debt (in such manner as the Secretary of 
     the Treasury considers appropriate).
       ``(3) The Inspector General of the Department of Homeland 
     Security and the Chief Financial Officer of the Department of 
     Homeland Security shall issue standards and definitions for 
     purposes of making determinations relating to potential 
     surplus operations and support funds identified by an 
     employee under this subsection.
       ``(d)(1) The Secretary of Homeland Security may retain not 
     more than 10 percent of amounts to be transferred to the 
     general fund of the Treasury under subsection (c)(2).
       ``(2) Amounts retained by the Secretary of Homeland 
     Security under paragraph (1) may be--
       ``(A) used for the purpose of paying a cash award under 
     subsection (b) to one or more employees who identified the 
     surplus operations and support funds; and
       ``(B) to the extent amounts remain after paying cash awards 
     under subsection (b), transferred or reprogrammed for use by 
     the Department of Homeland Security, in accordance with any 
     limitation on such a transfer or reprogramming under any 
     other provision of law.
       ``(e)(1) Not later than October 1 of each fiscal year, the 
     Secretary of Homeland Security shall submit to the Secretary 
     of the Treasury a report identifying the total savings 
     achieved during the previous fiscal year through disclosures 
     of possible fraud, waste, or mismanagement and 
     identifications of surplus operations and support funds by an 
     employee.
       ``(2) Not later than September 30 of each fiscal year, the 
     Secretary of Homeland Security shall submit to the Secretary 
     of the Treasury a report that, for the previous fiscal year--
       ``(A) describes each disclosure of possible fraud, waste, 
     or mismanagement or identification of potentially surplus 
     operations and support funds by an employee of the Department 
     of Homeland Security determined by the Department of Homeland 
     Security to have merit; and
       ``(B) provides the number and amount of cash awards by the 
     Department of Homeland Security under subsection (b).
       ``(3) The Secretary of Homeland Security shall include the 
     information described in paragraphs (1) and (2) in each 
     budget request of the Department of Homeland Security 
     submitted to the Office of Management and Budget as part of 
     the preparation of the budget of the President submitted to 
     Congress under section 1105(a) of title 31.
       ``(4) The Secretary of the Treasury shall submit to the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, and the 
     Government Accountability Office an annual report on Federal 
     cost saving and awards based on the reports submitted under 
     paragraphs (1) and (2).
       ``(f) The Director of the Office of Personnel Management 
     shall--
       ``(1) ensure that the cash award program of the Department 
     of Homeland Security complies with this section; and
       ``(2) submit to Congress an annual certification indicating 
     whether the cash award program of the Department of Homeland 
     Security complies with this section.
       ``(g) Not later than 3 years after the date of enactment of 
     this section, and every 3 years thereafter, the Comptroller 
     General of the United States shall submit to Congress a 
     report on the operation of the cost savings and awards 
     program under this section, including any recommendations for 
     legislative changes.''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 45 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 4512 the following:

``4512A. Department of Homeland Security awards for cost savings 
              disclosures.''.
       (3) Sunset.--Effective 6 years after the date of enactment 
     of this Act, subchapter II

[[Page S3790]]

     of chapter 45 of title 5, United States Code, is amended--
       (A) by striking section 4512A; and
       (B) in the table of sections, by striking the item relating 
     to section 4512A.
       (b) Officers Eligible for Cash Awards.--Section 4509 of 
     title 5, United States Code, is amended--
       (1) by inserting ``(a)'' before ``No officer''; and
       (2) by adding at the end the following:
       ``(b) The Secretary of Homeland Security may not receive a 
     cash award under this subchapter.''.

     SEC. 1137. 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 section 1119 of 
     this Act, is amended by adding at the end the following:

     ``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 (Public Law 107-
     296; 116 Stat. 2135), as amended by this Act, is amended by 
     inserting after the item relating to section 321 the 
     following:

``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. 1138. CYBERSECURITY TALENT EXCHANGE.

       (a) Definitions.--In this section--
       (1) the term ``congressional homeland security committees'' 
     means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate; 
     and
       (B) the Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives;
       (2) the term ``Department'' means the Department of 
     Homeland Security; and
       (3) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) Cybersecurity Talent Exchange Pilot Program.--
       (1) 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.
       (2) Delegation.--The Secretary may delegate any authority 
     under this section to the Director of the Cybersecurity and 
     Infrastructure Security Agency of the Department.
       (c) Appointment Authority.--
       (1) In general.--Under regulations prescribed by the 
     Secretary for the purpose of carrying out the pilot program 
     established under subsection (b), the Secretary may,

[[Page S3791]]

     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.
       (2) Eligible employees.--Employees participating in the 
     pilot program established under subsection (b) shall have 
     significant education, skills, or experience relating to 
     cybersecurity.
       (3) Agreements.--
       (A) 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.
       (B) Liability.--An amount for which an employee is liable 
     under subparagraph (A)(ii) shall be treated as a debt due the 
     United States.
       (C) 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.
       (4) 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.
       (5) Duration.--
       (A) 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.
       (B) 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.
       (C) Limitation.--No employee of the Department may be 
     assigned under this subsection for more than a total of 4 
     years inclusive of all assignments.
       (6) Status of federal employees assigned to private-sector 
     organizations.--
       (A) 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.
       (B) 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.
       (C) 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.
       (7) Terms and conditions for private-sector employees.--An 
     employee of a private-sector organization who is assigned to 
     a Department organization under this subsection--
       (A) 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);
       (B) 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;
       (C) 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;
       (D) may perform work that is considered inherently 
     governmental in nature only when requested in writing by the 
     Secretary; and
       (E) may not be used to circumvent any limitation or 
     restriction on the size of the workforce of the Department.
       (8) 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.
       (9) Expenses.--
       (A) 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.
       (B) 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.
       (10) Maximum number of participants.--Not more than 250 
     individuals may concurrently participate in the pilot program 
     established under subsection (b).
       (d) 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.
       (e) 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.
       (f) Reports.--
       (1) 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.
       (2) 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.

                       Subtitle C--Other Matters

     SEC. 1141. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

       Paragraph (2) of section 431(c) of the Tariff Act of 1930 
     (19 U.S.C. 1431(c)) is amended to read as follows:
       ``(2)(A) The information listed in paragraph (1) shall not 
     be available for public disclosure if--
       ``(i) the Secretary of the Treasury makes an affirmative 
     finding on a shipment-by-shipment basis that disclosure is 
     likely to pose a threat of personal injury or property 
     damage; or
       ``(ii) the information is exempt under the provisions of 
     section 552(b)(1) of title 5, United States Code.
       ``(B) The Commissioner of U.S. Customs and Border 
     Protection shall ensure that any personally identifiable 
     information, including social security numbers, passport 
     numbers, and residential addresses, is removed from any 
     manifest signed, produced, delivered, or transmitted under 
     this section before the manifest is disclosed to the 
     public.''.

     SEC. 1142. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Repeal of Director of Shared Services and Office of 
     Counternarcotics Enforcement of Department of Homeland 
     Security.--
       (1) Abolishment of director of shared services.--
       (A) Abolishment.--The position of Director of Shared 
     Services of the Department of Homeland Security is abolished.
       (B) Conforming amendment.--The Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.) is amended by striking section 
     475 (6 U.S.C. 295).
       (C) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 475.
       (2) Abolishment of the office of counternarcotics 
     enforcement.--
       (A) Abolishment.--The Office of Counternarcotics 
     Enforcement is abolished.

[[Page S3792]]

       (B) Conforming amendments.--The Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.) is amended--
       (i) 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
       (ii) by striking section 878 (6 U.S.C. 458).
       (C) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 878.
       (b) Other Technical and Conforming Amendments.--
       (1) Title i.--Section 103 of the Homeland Security Act of 
     2002 (6 U.S.C. 113), as amended by this Act, is further 
     amended--
       (A) in subsection (a)(1)(E), by striking ``the Bureau of'' 
     and inserting ``United States''; and
       (B) in subsection (d)(4), as redesignated by section 
     1117(f), by striking ``section 708'' and inserting ``section 
     707''.
       (2) Title vii.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) is amended--
       (A) in subsection (c) of section 702 (6 U.S.C. 342), as 
     redesignated by section 1103, strike paragraph (4);
       (B) by striking section 706 (6 U.S.C. 346);
       (C) by redesignating sections 707, 708, and 709 as sections 
     706, 707, and 708, respectively; and
       (D) in section 708(c)(3), as so redesignated, by striking 
     ``section 707'' and inserting ``section 706''.
       (3) Title viii.--Title VIII of the Homeland Security Act of 
     2002 (6 U.S.C. 361 et seq.) is amended--
       (A) by striking section 857 (6 U.S.C. 427);
       (B) by redesignating section 858 as section 857; and
       (C) by striking section 881 (6 U.S.C. 461).
       (4) Title xvi.--Section 1611(d)(1) of the Homeland Security 
     Act of 2002 (6 U.S.C. 563(d)(1)) is amended by striking 
     ``section 707'' and inserting ``section 706''.
       (5) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended--
       (A) by striking the items relating to sections 706 through 
     709 and inserting the following:

``Sec. 706. Quadrennial homeland security review.
``Sec. 707. Joint task forces.
``Sec. 708. Office of Strategy, Policy, and Plans.'';
       (B) by striking the items relating to sections 857 and 858 
     and inserting the following:

``Sec. 857. Identification of new entrants into the Federal 
              marketplace.''; and
       (C) by striking the item relating to section 881.

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

     SEC. 1201. DEFINITIONS.

       (a) In General.--Section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101) is amended--
       (1) by redesignating paragraphs (14) through (20) as 
     paragraphs (28) through (34), respectively;
       (2) by redesignating paragraph (13) as paragraph (26);
       (3) by redesignating paragraphs (9) through (12) as 
     paragraphs (21) through (24), respectively;
       (4) by redesignating paragraphs (4) through (8) as 
     paragraphs (15) through (19), respectively;
       (5) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (7), (8), and (9), respectively;
       (6) by inserting before paragraph (7), as so redesignated, 
     the following:
       ``(1) The term `acquisition' has the meaning given the term 
     in section 131 of title 41, United States Code.
       ``(2) The term `acquisition decision authority' means the 
     authority held by the Secretary, acting through the 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 throughout the life cycle of the 
     acquisition;
       ``(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 
     those 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 
     the acquisition program to avoid and mitigate acquisition 
     program baseline breaches.
       ``(3) The term `acquisition decision event' means, with 
     respect to an acquisition program, a predetermined point 
     within each of the acquisition phases at which the person 
     exercising the acquisition decision authority determines 
     whether the acquisition program shall proceed to the next 
     phase.
       ``(4) The term `acquisition decision memorandum' means, 
     with respect to an acquisition, the official acquisition 
     decision event record that includes a documented record of 
     decisions and assigned actions for the acquisition, as 
     determined by the person exercising acquisition decision 
     authority for the acquisition.
       ``(5) The term `acquisition program' means the totality of 
     activities directed to accomplish specific goals and 
     objectives, which may--
       ``(A) provide new or improved capabilities in response to 
     approved requirements or sustain existing capabilities; and
       ``(B) have multiple projects to obtain specific capability 
     requirements or capital assets.
       ``(6) The term `acquisition program baseline', with respect 
     to an acquisition program, means a summary of the cost, 
     schedule, and performance parameters, expressed in standard, 
     measurable, quantitative terms, which must be met in order to 
     accomplish the goals of the program.'';
       (7) by inserting after paragraph (9), as so redesignated, 
     the following:
       ``(10) The term `best practices', with respect to 
     acquisition, means a knowledge-based approach to capability 
     development that includes, at a minimum--
       ``(A) identifying and validating needs;
       ``(B) assessing alternatives to select the most appropriate 
     solution;
       ``(C) establishing requirements;
       ``(D) developing cost estimates and schedules that consider 
     the work necessary to develop, plan, support, and install a 
     program or solution;
       ``(E) identifying sources of funding that match 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) ensuring an adequate, well-trained, and diverse 
     workforce that is qualified and sufficient in number to 
     perform necessary functions;
       ``(J) developing innovative, effective, and efficient 
     processes and strategies;
       ``(K) integrating risk management and mitigation techniques 
     for national security considerations; and
       ``(L) integrating the capabilities described in 
     subparagraphs (A) through (K) into the mission and business 
     operations of the Department.
       ``(11) The term `breach' means a failure to meet any cost, 
     schedule, or performance threshold specified in the most 
     recently approved acquisition program baseline.
       ``(12) 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.
       ``(13) 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.
       ``(14) The term `cost-type contract' means a contract 
     that--
       ``(A) provides for payment of allowable incurred costs, to 
     the extent prescribed in the contract; and
       ``(B) establishes an estimate of total cost for the purpose 
     of obligating funds and establishing a ceiling that the 
     contractor may not exceed, except at the risk of the 
     contractor, without the approval of the contracting 
     officer.'';
       (8) by inserting after paragraph (19), as so redesignated, 
     the following:
       ``(20) The term `fixed-price contract' means a contract 
     that provides for a firm price or, in appropriate cases, an 
     adjustable price.'';
       (9) by inserting after paragraph (24), as so redesignated, 
     the following:
       ``(25) The term `life cycle cost' means the total cost of 
     an acquisition, including all relevant costs related to 
     acquiring, owning, operating, maintaining, and disposing of 
     the system, project, service, or product over a specified 
     period of time.''; and
       (10) by inserting after paragraph (26), as so redesignated, 
     the following:
       ``(27) The term `major acquisition program' means a 
     Department acquisition program that is estimated by the 
     Secretary or a designee of the Secretary to require an 
     eventual total expenditure of not less than $300,000,000 
     (based on fiscal year 2017 constant dollars) over the life 
     cycle cost of the program.''.
       (b) Technical and Conforming Amendment.--Paragraph (14) of 
     section 501 of the Homeland Security Act of 2002 (6 U.S.C. 
     311), as amended by section 1451, is amended by striking 
     ``section 2(13)(B)'' and inserting ``section 2(26)(B)''.

[[Page S3793]]

  


                  Subtitle A--Acquisition Authorities

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

       Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341) is amended--
       (1) in subsection (a)(2), by inserting ``and acquisition 
     management'' after ``Procurement'';
       (2) by redesignating 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
       (3) by inserting after subsection (c) the following:
       ``(d) Acquisition and Related Responsibilities.--
       ``(1) In general.--Notwithstanding subsection (a) of 
     section 1702 of title 41, United States Code, the Under 
     Secretary for Management--
       ``(A) is the Chief Acquisition Officer of the Department;
       ``(B) shall have the authorities and perform the functions 
     specified in subsection (b) of such section; and
       ``(C) shall perform all other functions and 
     responsibilities delegated by the Secretary or described in 
     this subsection.
       ``(2) Functions and responsibilities.--In addition to the 
     authorities and functions specified in section 1702(b) of 
     title 41, United States Code, the functions and 
     responsibilities of the Under Secretary for Management 
     related to acquisition include the following:
       ``(A) Advising the Secretary regarding acquisition 
     management activities, taking into account risks of failure 
     to achieve cost, schedule, or performance parameters, to 
     ensure that the Department achieves the mission of the 
     Department through the adoption of widely accepted program 
     management best practices and standards and, where 
     appropriate, acquisition innovation best practices.
       ``(B) Leading the acquisition oversight body of the 
     Department, the Acquisition Review Board, and exercising the 
     acquisition decision authority to approve, pause, modify, 
     including the rescission of approvals of program milestones, 
     or cancel major acquisition programs, unless the Under 
     Secretary delegates that authority to a Component Acquisition 
     Executive pursuant to paragraph (3).
       ``(C) Establishing policies for acquisition that implement 
     an approach that takes into account risks of failure to 
     achieve cost, schedule, or performance parameters that all 
     components of the Department shall comply with, including 
     outlining relevant authorities for program managers to 
     effectively manage acquisition programs.
       ``(D) Ensuring that each major acquisition program has a 
     Department-approved acquisition program baseline pursuant to 
     the acquisition management policy of the Department.
       ``(E) Ensuring that the heads of components and Component 
     Acquisition Executives comply with Federal law, the Federal 
     Acquisition Regulation, and Department acquisition management 
     directives.
       ``(F) Providing additional scrutiny and oversight for an 
     acquisition that is not a major acquisition if--
       ``(i) the acquisition is for a program that is important to 
     departmental strategic and performance plans;
       ``(ii) the acquisition is for a program with significant 
     program or policy implications; and
       ``(iii) the Secretary determines that the scrutiny and 
     oversight for the acquisition is proper and necessary.
       ``(G) Ensuring that grants and financial assistance are 
     provided only to individuals and organizations that are not 
     suspended or debarred.
       ``(H) Distributing guidance throughout the Department to 
     ensure that contractors involved in acquisitions, 
     particularly contractors that access the information systems 
     and technologies of the Department, adhere to relevant 
     Department policies related to physical and information 
     security as identified by the Under Secretary for Management.
       ``(I) Overseeing the Component Acquisition Executive 
     organizational structure to ensure Component Acquisition 
     Executives have sufficient capabilities and comply with 
     Department acquisition policies.
       ``(J) Ensuring acquisition decision memoranda adequately 
     document decisions made at acquisition decision events, 
     including the rationale for decisions made to allow programs 
     to deviate from the requirement to obtain approval by the 
     Department for certain documents at acquisition decision 
     events.
       ``(3) Delegation of acquisition decision authority.--
       ``(A) Level 3 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for 
     an acquisition program that has a life cycle cost estimate of 
     less than $300,000,000.
       ``(B) Level 2 acquisitions.--The Under Secretary for 
     Management may delegate acquisition decision authority in 
     writing to the relevant Component Acquisition Executive for a 
     major acquisition program that has a life cycle cost estimate 
     of not less than $300,000,000 but not more than 
     $1,000,000,000 if all of the following requirements are met:
       ``(i) The component concerned possesses working policies, 
     processes, and procedures that are consistent with 
     Department-level acquisition policy.
       ``(ii) The Component Acquisition Executive concerned has a 
     well-trained and experienced workforce, commensurate with the 
     size of the acquisition program and related activities 
     delegated to the Component Acquisition Executive by the Under 
     Secretary for Management.
       ``(iii) Each major acquisition concerned has written 
     documentation showing that the acquisition has a Department-
     approved acquisition program baseline and the acquisition is 
     meeting agreed-upon cost, schedule, and performance 
     thresholds.
       ``(4) Relationship to under secretary for science and 
     technology.--
       ``(A) In general.--Nothing in this subsection shall 
     diminish the authority granted to the Under Secretary for 
     Science and Technology under this Act. The Under Secretary 
     for Management and the Under Secretary for Science and 
     Technology shall cooperate in matters related to the 
     coordination of acquisitions across the Department so that 
     investments of the Directorate of Science and Technology are 
     able to support current and future requirements of the 
     components of the Department.
       ``(B) Testing and evaluation acquisition support.--The 
     Under Secretary for Science and Technology shall--
       ``(i) ensure, in coordination with relevant component 
     heads, that all relevant acquisition programs--

       ``(I) complete reviews of operational requirements to 
     ensure the requirements are measurable, testable, and 
     achievable within the constraints of cost and schedule;
       ``(II) integrate applicable standards into development 
     specifications;
       ``(III) complete systems engineering reviews and technical 
     assessments during development to inform production and 
     deployment decisions;
       ``(IV) complete independent testing and evaluation of 
     technologies and systems;
       ``(V) use independent verification and validation of 
     operational testing and evaluation implementation and 
     results; and
       ``(VI) document whether such programs meet all performance 
     requirements included in their acquisition program baselines;

       ``(ii) ensure that such operational testing and evaluation 
     includes all system components and incorporates operators 
     into the testing to ensure that systems perform as intended 
     in the appropriate operational setting; and
       ``(iii) determine if testing conducted by other Federal 
     agencies and private entities is relevant and sufficient in 
     determining whether systems perform as intended in the 
     operational setting.''.

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

       Section 702(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 342(a)) is amended--
       (1) by striking ``The Chief'' and inserting the following:
       ``(1) Functions.--The Chief''; and
       (2) by adding at the end the following:
       ``(2) Acquisition authorities.--The Chief Financial 
     Officer, in coordination with the Under Secretary for 
     Management, shall oversee the costs of acquisition programs 
     and related activities to ensure that actual and planned 
     costs are in accordance with budget estimates and are 
     affordable, or can be adequately funded, over the life cycle 
     of such programs and activities.''.

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

       Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 
     343), as amended by section 1104, is amended by adding at the 
     end the following:
       ``(d) Acquisition Responsibilities.--The acquisition 
     responsibilities of the Chief Information Officer shall 
     include--
       ``(1) overseeing the management of the Homeland Security 
     Enterprise Architecture and ensuring that, before each 
     acquisition decision event, approved information technology 
     acquisitions comply with departmental information technology 
     management processes, technical requirements, and the 
     Homeland Security Enterprise Architecture, and in any case in 
     which information technology acquisitions do not comply with 
     the management directives of the Department, making 
     recommendations to the Acquisition Review Board regarding 
     that noncompliance; and
       ``(2) being responsible for--
       ``(A) providing recommendations to the Acquisition Review 
     Board regarding information technology programs; and
       ``(B) developing information technology acquisition 
     strategic guidance.''.

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

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.), as amended by section 1132, is 
     amended by adding at the end the following:

     ``SEC. 716. ACQUISITION AUTHORITIES FOR PROGRAM 
                   ACCOUNTABILITY AND RISK MANAGEMENT.

       ``(a) Establishment of Office.--There is in the Management 
     Directorate of the Department an office to be known as 
     `Program Accountability and Risk Management', which shall--
       ``(1) provide accountability, standardization, and 
     transparency of major acquisition programs of the Department; 
     and
       ``(2) serve as the central oversight function for all 
     Department acquisition programs.

[[Page S3794]]

       ``(b) Responsibilities of Executive Director.--The Program 
     Accountability and Risk Management shall be led by an 
     Executive Director to oversee the requirement under 
     subsection (a), who shall report directly to the Under 
     Secretary for Management, serve as the executive secretary 
     for the Acquisition Review Board, and carry out the following 
     responsibilities:
       ``(1) Monitor the performance of Department acquisition 
     programs between acquisition decision events to identify 
     problems with cost, performance, or schedule that components 
     may need to address to prevent cost overruns, performance 
     issues, or schedule delays.
       ``(2) Assist the Under Secretary for Management in managing 
     the acquisition programs and related activities of the 
     Department.
       ``(3) Conduct oversight of individual acquisition programs 
     to implement Department acquisition program policy, 
     procedures, and guidance with a priority on ensuring the data 
     the office collects and maintains from Department components 
     is accurate and reliable.
       ``(4) Coordinate the acquisition life cycle review process 
     for the Acquisition Review Board.
       ``(5) Advise the persons having acquisition decision 
     authority in making acquisition decisions consistent with all 
     applicable laws and in establishing lines of authority, 
     accountability, and responsibility for acquisition decision 
     making within the Department.
       ``(6) Support the Chief Procurement Officer in developing 
     strategies and specific plans for hiring, training, and 
     professional development in order to improve the acquisition 
     workforce of the Department.
       ``(7) In consultation with Component Acquisition 
     Executives--
       ``(A) develop standards for the designation of key 
     acquisition positions with major acquisition program 
     management offices and on the Component Acquisition Executive 
     support staff; and
       ``(B) provide requirements and support to the Chief 
     Procurement Officer in the planning, development, and 
     maintenance of the Acquisition Career Management Program of 
     the Department.
       ``(8) In the event that a certification or action of an 
     acquisition program manager needs review for purposes of 
     promotion or removal, provide input, in consultation with the 
     relevant Component Acquisition Executive, into the 
     performance evaluation of the relevant acquisition program 
     manager and report positive or negative experiences to the 
     relevant certifying authority.
       ``(9) Provide technical support and assistance to 
     Department acquisition programs and acquisition personnel and 
     coordinate with the Chief Procurement Officer on workforce 
     training and development activities.
       ``(c) Responsibilities of Components.--Each head of a 
     component shall--
       ``(1) comply with Federal law, the Federal Acquisition 
     Regulation, and Department acquisition management directives 
     established by the Under Secretary for Management; and
       ``(2) for each major acquisition program--
       ``(A) define baseline requirements and document changes to 
     such requirements, as appropriate;
       ``(B) develop a life cycle cost estimate that is consistent 
     with best practices identified by the Comptroller General of 
     the United States and establish a complete life cycle cost 
     estimate with supporting documentation, including an 
     acquisition program baseline;
       ``(C) verify each life cycle cost estimate against 
     independent cost estimates, and reconcile any differences;
       ``(D) complete a cost-benefit analysis with supporting 
     documentation;
       ``(E) 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
       ``(F) ensure that all acquisition program information 
     provided by the component is complete, accurate, timely, and 
     valid.

     ``SEC. 717. ACQUISITION DOCUMENTATION.

       ``(a) In General.--For each major acquisition program, the 
     Secretary, acting through the Under Secretary for Management, 
     shall require the head of a relevant component or office to--
       ``(1) maintain acquisition documentation that is complete, 
     accurate, timely, and valid, and that includes, at a 
     minimum--
       ``(A) operational requirements that are validated 
     consistent with departmental policy and changes to those 
     requirements, as appropriate;
       ``(B) a complete life cycle cost estimate with supporting 
     documentation;
       ``(C) verification of the life cycle cost estimate against 
     independent cost estimates, and reconciliation of any 
     differences;
       ``(D) a cost-benefit analysis with supporting 
     documentation; and
       ``(E) a schedule, including, as appropriate, an integrated 
     master schedule;
       ``(2) prepare cost estimates and schedules for major 
     acquisition programs under subparagraphs (B) and (E) of 
     paragraph (1) in a manner consistent with best practices as 
     identified by the Comptroller General of the United States; 
     and
       ``(3) submit certain acquisition documentation to the 
     Secretary to produce a semi-annual Acquisition Program Health 
     Assessment of departmental acquisitions for submission to 
     Congress.
       ``(b) Waiver.--The Secretary may waive the requirement 
     under subsection (a)(3) on a case-by-case basis with respect 
     to any major acquisition program under this section for a 
     fiscal year if--
       ``(1) the major acquisition program has not--
       ``(A) entered the full rate production phase in the 
     acquisition life cycle;
       ``(B) had a reasonable cost estimate established; and
       ``(C) had a system configuration defined fully; or
       ``(2) the major acquisition program does not meet the 
     definition of capital asset, as defined by the Director of 
     the Office of Management and Budget.
       ``(c) Congressional Oversight.--At the same time the budget 
     of the President is submitted for a fiscal year under section 
     1105(a) of title 31, United States Code, the Secretary shall 
     make information available, as applicable, to the 
     congressional homeland security committees regarding the 
     requirement described in subsection (a) in the prior fiscal 
     year that includes, with respect to each major acquisition 
     program for which the Secretary has issued a waiver under 
     subsection (b)--
       ``(1) the grounds for granting a waiver for the program;
       ``(2) the projected cost of the program;
       ``(3) the proportion of the annual acquisition budget of 
     each component or office attributed to the program, as 
     available; and
       ``(4) information on the significance of the program with 
     respect to the operations and the execution of the mission of 
     each component or office described in paragraph (3).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1132, is amended by inserting after the item relating to 
     section 715 the following:

``Sec. 716. Acquisition authorities for Program Accountability and Risk 
              Management.
``Sec. 717. Acquisition documentation.''.

     SEC. 1215. ACQUISITION INNOVATION.

       (a) In General.--Title VII of the Homeland Security Act of 
     2002 (6 U.S.C. 341 et seq.) as amended by section 1214, is 
     amended by adding at the end the following:

     ``SEC. 718. ACQUISITION INNOVATION.

       ``The Under Secretary for Management shall--
       ``(1) encourage each of the officers under the direction of 
     the Under Secretary for Management to promote innovation and 
     shall designate an individual to promote innovation;
       ``(2) establish an acquisition innovation lab or similar 
     mechanism to improve the acquisition programs, acquisition 
     workforce training, and existing practices of the Department 
     through methods identified in this section;
       ``(3) test emerging and established acquisition best 
     practices for carrying out acquisitions, consistent with 
     applicable laws, regulations, and Department directives, as 
     appropriate;
       ``(4) develop and distribute best practices and lessons 
     learned regarding acquisition innovation throughout the 
     Department;
       ``(5) establish metrics to measure the effectiveness of 
     acquisition innovation efforts with respect to cost, 
     operational efficiency of the acquisition program, including 
     timeframes for executing contracts, and collaboration with 
     the private sector, including small- and medium-sized 
     businesses; and
       ``(6) determine impacts of acquisition innovation efforts 
     on the private sector by--
       ``(A) engaging with the private sector, including small- 
     and medium-sized businesses, to provide information and 
     obtain feedback on procurement practices and acquisition 
     innovation efforts of the Department;
       ``(B) obtaining feedback from the private sector on the 
     impact of acquisition innovation efforts of the Department; 
     and
       ``(C) incorporating the feedback described in subparagraphs 
     (A) and (B), as appropriate, into future acquisition 
     innovation efforts of the Department.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1214, is amended by inserting after the item relating to 
     section 717 the following:

``Sec. 718. Acquisition innovation.''.
       (c) Information.--
       (1) Definitions.--In this subsection--
       (A) the term ``congressional homeland security committees'' 
     means--
       (i) the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (ii) the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate; and
       (B) the term ``Department'' means the Department of 
     Homeland Security.
       (2) Requirement.--Not later than 90 days after the date on 
     which the Secretary of Homeland Security submits the annual 
     budget justification for the Department for fiscal year 2020 
     and every fiscal year thereafter through fiscal year 2025, 
     the officers under the director of the Under Secretary for 
     Management of the Department shall provide a briefing to the 
     congressional homeland security committees on the activities 
     undertaken in the previous fiscal year in furtherance of 
     section 718 of the Homeland Security

[[Page S3795]]

     Act of 2002, as added by subsection (a), which shall include:
       (A) Emerging and existing acquisition best practices that 
     were tested within the Department during that fiscal year.
       (B) Efforts to distribute best practices and lessons 
     learned within the Department, including through web-based 
     seminars, training, and forums, during that fiscal year.
       (C) Metrics captured by the Department and aggregate 
     performance information for innovation efforts.
       (D) Performance as measured by the metrics established 
     under paragraph (5) of such section 718.
       (E) Outcomes of efforts to distribute best practices and 
     lessons learned within the Department, including through web-
     based seminars, training, and forums.
       (F) A description of outreach and engagement efforts with 
     the private sector and any impacts of innovative acquisition 
     mechanisms on the private sector, including small- and 
     medium-sized businesses.
       (G) The criteria used to identify specific acquisition 
     programs or activities to be included in acquisition 
     innovation efforts and the outcomes of those programs or 
     activities.
       (H) Recommendations, as necessary, to enhance acquisition 
     innovation in the Department.

         Subtitle B--Acquisition Program Management Discipline

     SEC. 1221. ACQUISITION REVIEW BOARD.

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

     ``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) Chairperson.--The Under Secretary for Management 
     shall serve as chairperson of the Board.
       ``(2) Other members.--The Secretary shall ensure 
     participation by other relevant Department officials.
       ``(c) Meetings.--
       ``(1) Regular meetings.--The Board shall meet regularly for 
     purposes of ensuring all acquisition programs proceed in a 
     timely fashion to achieve mission readiness.
       ``(2) Other meetings.--The Board shall convene--
       ``(A) at the discretion of the Secretary; and
       ``(B) at any time--
       ``(i) a major acquisition program--

       ``(I) requires authorization to proceed from one 
     acquisition decision event to another throughout the 
     acquisition life cycle;
       ``(II) is in breach of the approved acquisition program 
     baseline of the major acquisition program; or
       ``(III) requires additional review, as determined by the 
     Under Secretary for Management; or

       ``(ii) 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 program has 
     met the requirements of 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 the business strategy, resources, 
     management, and accountability of a proposed acquisition are 
     executable and are aligned to strategic initiatives.
       ``(3) Support the person with acquisition decision 
     authority for an acquisition program in determining the 
     appropriate direction for the acquisition at key acquisition 
     decision events.
       ``(4) Conduct reviews of acquisitions to ensure that the 
     acquisitions are progressing in compliance with the approved 
     documents for their current acquisition phases.
       ``(5) Review the acquisition program 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 tradeoffs 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 the major acquisition 
     program to proceed before the major acquisition program has a 
     Department-approved acquisition program baseline, as required 
     by Department policy--
       ``(1) the Under Secretary for Management shall create and 
     approve an acquisition program baseline report regarding such 
     approval; and
       ``(2) the Secretary shall--
       ``(A) not later than 7 days after the date on which the 
     acquisition decision memorandum is signed, provide written 
     notice of the decision to the appropriate committees of 
     Congress; and
       ``(B) not later than 60 days after the date on which the 
     acquisition decision memorandum is signed, provide the 
     memorandum and a briefing to the appropriate committees of 
     Congress.
       ``(f) Report.--Not later than 1 year after the date of 
     enactment of this section and every year thereafter through 
     fiscal year 2022, the Under Secretary for Management shall 
     provide information to the appropriate committees of Congress 
     on the activities of the Board for the prior fiscal year that 
     includes information relating to--
       ``(1) for each meeting of the Board, any acquisition 
     decision memoranda;
       ``(2) the results of the systematic reviews conducted under 
     subsection (d)(4);
       ``(3) the results of acquisition document reviews required 
     under subsection (d)(5); and
       ``(4) activities to ensure that practices are adopted and 
     implemented throughout the Department under subsection 
     (d)(6).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 835 the following:

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

     SEC. 1222. DEPARTMENT LEADERSHIP COUNCILS.

       (a) In General.--Subtitle H of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 890B. DEPARTMENT LEADERSHIP COUNCILS.

       ``(a) Department Leadership Councils.--
       ``(1) Establishment.--The Secretary may establish 
     Department leadership councils as the Secretary determines 
     necessary to ensure coordination and improve programs and 
     activities of the Department.
       ``(2) Function.--A Department leadership council shall--
       ``(A) serve as a coordinating forum;
       ``(B) advise the Secretary and Deputy Secretary on 
     Department strategy, operations, and guidance;
       ``(C) establish policies to reduce duplication in 
     acquisition programs; and
       ``(D) consider and report on such other matters as the 
     Secretary or Deputy Secretary may direct.
       ``(3) Relationship to other forums.--The Secretary or 
     Deputy Secretary may delegate the authority to direct the 
     implementation of any decision or guidance resulting from the 
     action of a Department leadership council to any office, 
     component, coordinator, or other senior official of the 
     Department.
       ``(b) Joint Requirements Council.--
       ``(1) Definition of joint requirement.--In this subsection, 
     the term `joint requirement' means a condition or capability 
     of multiple operating components of the Department that is 
     required to be met or possessed by a system, product, 
     service, result, or component to satisfy a contract, 
     standard, specification, or other formally imposed document.
       ``(2) Establishment.--The Secretary shall establish within 
     the Department a Joint Requirements Council.
       ``(3) Mission.--In addition to other matters assigned to 
     the Joint Requirements Council by the Secretary and Deputy 
     Secretary, the Joint Requirements Council shall--
       ``(A) identify, assess, and validate joint requirements, 
     including existing systems and associated capability gaps, to 
     meet mission needs of the Department;
       ``(B) ensure that appropriate efficiencies are made among 
     life cycle cost, schedule, and performance objectives, and 
     procurement quantity objectives, in the establishment and 
     approval of joint requirements; and
       ``(C) make prioritized capability recommendations for the 
     joint requirements validated under subparagraph (A) to the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary to 
     review decisions of the Joint Requirements Council.
       ``(4) Chairperson.--The Secretary shall appoint a 
     chairperson of the Joint Requirements Council, for a term of 
     not more than 2 years, from among senior officials of the 
     Department as designated by the Secretary.
       ``(5) Composition.--The Joint Requirements Council shall be 
     composed of senior officials representing components of the 
     Department and other senior officials as designated by the 
     Secretary.
       ``(6) Relationship to future years homeland security 
     program.--The Secretary shall ensure that the Future Years 
     Homeland Security Program required under section 874 is 
     consistent with the recommendations of the Joint Requirements 
     Council required under paragraph (3)(C), as affirmed by the 
     Secretary, the Deputy Secretary, or the chairperson of a 
     Department leadership council designated by the Secretary 
     under that paragraph.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 890A the following:


[[Page S3796]]


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

     SEC. 1223. EXCLUDED PARTY LIST SYSTEM WAIVERS.

       Not later than 5 days after the date on which the Chief 
     Procurement Officer or Chief Financial Officer of the 
     Department of Homeland Security issues a waiver of the 
     requirement that an agency not engage in business with a 
     contractor or other recipient of funds listed in the System 
     for Award Management, or a successor system, as maintained by 
     the General Services Administration, the Office of 
     Legislative Affairs of the Department of Homeland Security 
     shall submit to Congress notice of such waiver and an 
     explanation for a finding by the Under Secretary for 
     Management that a compelling reason exists for issuing the 
     waiver.

     SEC. 1224. 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 of Homeland Security to assess whether 
     suspension and debarment criteria are consistently applied 
     throughout the Department of Homeland Security and whether 
     disparities exist in the application of such criteria, 
     particularly with respect to business size and categories.

     SEC. 1225. SUSPENSION AND DEBARMENT PROGRAM AND PAST 
                   PERFORMANCE.

       (a) Definitions.--In this section--
       (1) the term ``congressional homeland security committees'' 
     has the meaning given the term in section 2 of the Homeland 
     Security Act of 2002, as amended by this Act;
       (2) the term ``Department'' means the Department of 
     Homeland Security; and
       (3) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a suspension 
     and debarment program that ensures the Department and each of 
     the components of the Department comply with the laws, 
     regulations, and guidance related to the suspension, 
     debarment, and ineligibility of contractors.
       (2) Requirements.--The program required to be established 
     under paragraph (1) shall include policies and processes 
     for--
       (A) tracking, reviewing, and documenting suspension and 
     debarment decisions, including those related to poor 
     performance, fraud, national security considerations, and 
     other criteria determined appropriate by the Secretary;
       (B) ensuring consideration of and referral for suspension, 
     debarment, or other necessary actions that protect the 
     interests of the Federal Government;
       (C) managing and sharing relevant documents and information 
     on contractors for use across the Department;
       (D) requiring timely reporting into departmental and 
     Government-wide databases by the suspension and debarment 
     officials of contractor suspensions, debarments, or 
     determinations of ineligibility, or other relevant 
     information; and
       (E) issuing guidance to implement these policies and for 
     the timely implementation of agreed upon recommendations from 
     the Inspector General of the Department or the Comptroller 
     General of the United States.
       (3) Additional requirements.--The program required to be 
     established under subsection (b)(1) shall--
       (A) require that any referral made by a contracting 
     official for consideration of actions to protect the 
     interests of the Federal Government be evaluated by the 
     Suspension and Debarment Official in writing in accordance 
     with applicable regulations; and
       (B) develop and require training for all contracting 
     officials of the Department on the causes for suspension and 
     debarment and complying with departmental and Government-wide 
     policies and processes.
       (c) Past Performance Review.--
       (1) In general.--The Chief Procurement Officer of the 
     Department shall require for any solicitation for a 
     competitive contract by a component of the Department that 
     the head of contracting activity for the component shall 
     include past performance as an evaluation factor in the 
     solicitation, consistent with applicable laws and regulations 
     and policies established by the Chief Procurement Officer.
       (2) Requirements.--In carrying out the requirements of 
     paragraph (1), the Chief Procurement Officer shall establish 
     departmental policies and procedures, consistent with 
     applicable laws and regulations, to assess the past 
     performance of contractors and relevant subcontractors 
     (including contracts performed at the State or local level) 
     as part of the source selection process.
       (3) Waivers.--
       (A) In general.--The Chief Procurement Officer of the 
     Department may waive a requirement under paragraph (1) with 
     respect to a solicitation if the Chief Procurement Officer 
     determines that the waiver is in the best interest of the 
     Government.
       (B) Notification.--Not later than 30 days after the date on 
     which the Chief Procurement Officer issues a waiver under 
     subparagraph (A), the Secretary shall submit to the 
     congressional homeland security committees written notice of 
     the waiver, which shall include a description of the reasons 
     for the waiver.

     Subtitle C--Acquisition Program Management Accountability and 
                              Transparency

     SEC. 1231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION 
                   PROGRAMS.

       (a) In General.--Subtitle D of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by 
     section 1221, is amended by adding at the end the following:

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

       ``(a) Definition of Appropriate Committees of Congress.--In 
     this section, the term `appropriate committees of Congress' 
     means--
       ``(1) 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; and
       ``(2) in the case of notice or a report relating to the 
     Coast Guard or the Transportation Security Administration, 
     the committees described in paragraph (1) and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(b) 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 the 
     program shall notify the Component Acquisition Executive for 
     the 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 
     the date on which the breach is identified.
       ``(B) Notification to secretary.--If a breach occurs in a 
     major acquisition program and the 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 the program, the Component Acquisition Executive 
     for the program shall notify the Secretary and the Inspector 
     General of the Department not later than 5 business days 
     after the date on which the Component Acquisition Executive 
     for the 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 under 
     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 the program 
     shall submit in writing to the head of the component 
     concerned, the Executive Director of the Program 
     Accountability and Risk Management division, and the Under 
     Secretary for Management, at a date established by the Under 
     Secretary for Management, a remediation plan and root cause 
     analysis relating to the breach and program.
       ``(B) Remediation plan.--The remediation plan required 
     under 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 the 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 the 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 the program, discuss all options considered, 
     including--

       ``(I) the estimated impact on cost, schedule, or 
     performance of the program if no changes are made to current 
     requirements;
       ``(II) the estimated cost of the program if requirements 
     are modified; and
       ``(III) the extent to which funding from other programs 
     will need to be reduced to cover the cost growth of the 
     program.

       ``(3) Review of corrective actions.--
       ``(A) In general.--The Under Secretary for Management--

[[Page S3797]]

       ``(i) shall review each remediation plan required under 
     paragraph (2); and
       ``(ii) not later than 30 days after submission of a 
     remediation plan under paragraph (2), may approve the plan or 
     provide an alternative proposed corrective action.
       ``(B) Submission to congress.--Not later than 30 days after 
     the date on which the Under Secretary for Management 
     completes a review of a remediation plan under subparagraph 
     (A), the Under Secretary for Management shall submit to the 
     appropriate committees of Congress a copy of the remediation 
     plan.
       ``(c) Requirements Relating to Congressional Notification 
     if Breach Occurs.--
       ``(1) Notification to congress.--If a notification to the 
     Secretary is made under subsection (b)(1)(B) relating to a 
     breach in a major acquisition program, the Under Secretary 
     for Management shall notify the appropriate committees of 
     Congress of the breach in the next semi-annual Acquisition 
     Program Health Assessment described in section 717(a)(3) 
     after receipt by the Under Secretary for Management of the 
     notification under subsection (b)(1)(B).
       ``(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 under paragraph (1) a 
     written certification, with supporting explanation, that--
       ``(A) the program is essential to the accomplishment of the 
     mission of the Department;
       ``(B) there are no alternatives to the capability or asset 
     provided by the program that will provide equal or greater 
     capability in a more cost-effective and timely manner;
       ``(C) the management structure for the program is adequate 
     to manage and control cost, schedule, and performance; and
       ``(D) includes the date on which the new acquisition 
     schedule and estimates for total acquisition cost will be 
     completed.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1221, is amended by inserting after the item relating to 
     section 836 the following:

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

     SEC. 1232. MULTIYEAR ACQUISITION STRATEGY.

       (a) In General.--Subtitle D of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 391 et seq.), as amended by 
     section 1231, is amended by adding at the end the following:

     ``SEC. 838. MULTIYEAR ACQUISITION STRATEGY.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Under Secretary for Management 
     shall brief the appropriate congressional committees on a 
     multiyear acquisition strategy to--
       ``(1) guide the overall direction of the acquisitions of 
     the Department while allowing flexibility to deal with ever-
     changing threats and risks;
       ``(2) keep pace with changes in technology that could 
     impact deliverables; and
       ``(3) help industry better understand, plan, and align 
     resources to meet the future acquisition needs of the 
     Department.
       ``(b) Updates.--The strategy required under subsection (a) 
     shall be updated and included in each Future Years Homeland 
     Security Program required under section 874.
       ``(c) 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.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1231, is amended by inserting after the item relating to 
     section 837 the following:

``Sec. 838. Multiyear acquisition strategy.''.

     SEC. 1233. REPORT ON BID PROTESTS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate committees of Congress'' has the 
     meaning given the term in section 837(a) of the Homeland 
     Security Act of 2002, as added by section 1231(a); and
       (2) the term ``Department'' means the Department of 
     Homeland Security.
       (b) Study and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Inspector General of the 
     Department shall conduct a study, in consultation with the 
     Government Accountability Office when necessary, and submit 
     to the appropriate committees of Congress a report on the 
     prevalence and impact of bid protests on the acquisition 
     process of the Department, in particular bid protests filed 
     with the Government Accountability Office and the United 
     States Court of Federal Claims.
       (c) Contents.--The report required under subsection (b) 
     shall include--
       (1) with respect to contracts with the Department--
       (A) trends in the number of bid protests filed with Federal 
     agencies, the Government Accountability Office, and Federal 
     courts and the rate of those bid protests compared to 
     contract obligations and the number of contracts;
       (B) an analysis of bid protests filed by incumbent 
     contractors, including the rate at which those contractors 
     are awarded bridge contracts or contract extensions over the 
     period during which the bid protest remains unresolved;
       (C) a comparison of the number of bid protests and the 
     outcome of bid protests for--
       (i) awards of contracts compared to awards of task or 
     delivery orders;
       (ii) contracts or orders primarily for products compared to 
     contracts or orders primarily for services;
       (iii) protests filed pre-award to challenge the 
     solicitation compared to those filed post-award;
       (iv) contracts or awards with single protestors compared to 
     multiple protestors; and
       (v) contracts with single awards compared to multiple award 
     contracts;
       (D) a description of trends in the number of bid protests 
     filed as a percentage of contracts and as a percentage of 
     task or delivery orders by the value of the contract or order 
     with respect to--
       (i) contracts valued at more than $300,000,000;
       (ii) contracts valued at not less than $50,000,000 and not 
     more than $300,000,000;
       (iii) contracts valued at not less than $10,000,000 and not 
     more than $50,000,000; and
       (iv) contracts valued at less than $10,000,000;
       (E) an assessment of the cost and schedule impact of 
     successful and unsuccessful bid protests, as well as 
     delineation of litigation costs, filed on major acquisitions 
     with more than $100,000,000 in annual expenditures or 
     $300,000,000 in life cycle costs;
       (F) an analysis of how often bid protestors are awarded the 
     contract that was the subject of the bid protest;
       (G) a summary of the results of bid protests in which the 
     Department took unilateral corrective action, including the 
     average time for remedial action to be completed;
       (H) the time it takes the Department to implement 
     corrective actions after a ruling or decision with respect to 
     a bid protest, and the percentage of those corrective actions 
     that are subsequently protested, including the outcome of any 
     subsequent bid protest;
       (I) an analysis of those contracts with respect to which a 
     company files a bid protest and later files a subsequent bid 
     protest; and
       (J) an assessment of the overall time spent on preventing 
     and responding to bid protests as it relates to the 
     procurement process; and
       (2) any recommendations by the Inspector General of the 
     Department relating to the study conducted under this 
     section.

     SEC. 1234. PROHIBITION AND LIMITATIONS ON USE OF COST-PLUS 
                   CONTRACTS.

       (a) Definitions.--In this section--
       (1) the term ``Department'' means the Department of 
     Homeland Security; and
       (2) the term ``major acquisition program'' has the meaning 
     given the term in section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101), as amended by this Act.
       (b) Prohibition.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall modify the acquisition regulations of the Department to 
     prohibit the use of cost-type contracts, unless the head of 
     contracting activity determines in writing that--
       (1) a cost-type contract is required by the level of 
     program risk; and
       (2) appropriate steps will be taken as soon as practicable 
     to reduce that risk so that follow-on contracts for the same 
     product or service can be awarded on a fixed-price basis, and 
     delineates those steps in writing.
       (c) Major Acquisition Programs.--
       (1) Prohibition.--The Department shall prohibit the use of 
     cost-plus contracts with respect to procurements for the 
     production of major acquisition programs.
       (2) Limitation on authorizing of cost-type contracts.--The 
     Chief Procurement Officer of the Department, in consultation 
     with the Acquisition Review Board required to be established 
     under section 836 of the Homeland Security Act of 2002, as 
     added by section 1221(a), may authorize the use of a cost-
     type contract for a major acquisition program only upon a 
     written determination that--
       (A) the major acquisition program is so complex and 
     technically challenging that it is not practicable to use a 
     contract type other than a cost-plus reimbursable contract 
     for the development of the major acquisition program;
       (B) all reasonable efforts have been made to define the 
     requirements sufficiently to allow for the use of a contract 
     type other than a cost-plus reimbursable contract for the 
     development of the major acquisition program; and
       (C) despite the efforts described in subparagraph (B), the 
     Department cannot define requirements sufficiently to allow 
     for the use of a contract type other than a cost-plus 
     reimbursable contract for the development of the major 
     acquisition program.

     SEC. 1235. BRIDGE CONTRACTS.

       (a) Definitions.--In this section--
       (1) the terms ``acquisition program'' and ``congressional 
     homeland security committees'' have the meanings given those 
     terms in section 2 of the Homeland Security Act of 2002, as 
     amended by this Act;
       (2) the term ``Department'' means the Department of 
     Homeland Security; and
       (3) the term ``Executive agency'' has the meaning given the 
     term in section 105 of title 5, United States Code.
       (b) Policies and Procedures.--The Chief Procurement Officer 
     of the Department shall develop, in consultation with the 
     Office of Federal Procurement Policy--

[[Page S3798]]

       (1) a common definition of a bridge contract; and
       (2) policies and procedures for the Department that, to the 
     greatest extent practicable, seek to--
       (A) minimize the use of bridge contracts while providing 
     for continuation of services to be performed through 
     contracts; and
       (B) ensure appropriate planning by contracting officials.
       (c) Required Elements.--The policies and procedures 
     developed under subsection (b) shall include the following 
     elements:
       (1) Sufficient time and planning to review contract 
     requirements, compete contracts as appropriate, enter into 
     contracts, and consider the possibility of bid protests.
       (2) For contracts that do not meet timeliness standards or 
     that require entering into bridge contracts, contracting 
     officials shall notify the Chief Procurement Officer of the 
     Department and the head of the component agency of the 
     Department.
       (3) The Chief Procurement Officer of the Department shall 
     approve any bridge contract that lasts longer than 6 months, 
     and the head of the component agency of the Department shall 
     approve any bridge contract that lasts longer than 1 year.
       (d) Public Notice.--The Chief Procurement Officer of the 
     Department shall provide public notice not later than 30 days 
     after entering into a bridge contract, which shall include 
     the notice required under subsection (c)(2) to the extent 
     that information is available.
       (e) Exceptions.--The policies and procedures developed 
     under subsection (b) shall not apply to--
       (1) service contracts in support of contingency operations, 
     humanitarian assistance, or disaster relief;
       (2) service contracts in support of national security 
     emergencies declared with respect to named operations; or
       (3) service contracts entered into pursuant to 
     international agreements.
       (f) Reports.--Not later than September 30, 2020, and by 
     September 30 of each subsequent year thereafter until 2025, 
     the Chief Procurement Officer of the Department shall submit 
     to the congressional homeland security committees and make 
     publicly available on the website of the Department a report 
     on the use of bridge contracts for all acquisition programs, 
     which shall include--
       (1) a common definition for a bridge contract, if in 
     existence, that is used by contracting offices of Executive 
     agencies;
       (2) the total number of bridge contracts entered into 
     during the previous fiscal year;
       (3) the estimated value of each contract that required the 
     use of a bridge contract and the cost of each such bridge 
     contract;
       (4) the reasons for and cost of each bridge contract;
       (5) the types of services or goods being acquired under 
     each bridge contract;
       (6) the length of the initial contract that required the 
     use of a bridge contract, including the base and any 
     exercised option years, and the cumulative length of any 
     bridge contract or contracts related to the initial contract;
       (7) a description of how many of the contracts that 
     required bridge contracts were the result of bid protests;
       (8) a description of existing statutory, regulatory, or 
     agency guidance that the Department followed to execute each 
     bridge contract; and
       (9) any other matters determined to be relevant by the 
     Chief Procurement Officer of the Department.

     SEC. 1236. 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 
     section 1232, is amended by adding at the end the following:

     ``SEC. 839. ACQUISITION POLICIES AND GUIDANCE.

       ``(a) Program Accountability Report.--The Under Secretary 
     for Management shall prepare and submit to the congressional 
     homeland security committees a semi-annual program 
     accountability report to meet the mandate of the Department 
     to perform program health assessments and improve program 
     execution and governance.
       ``(b) Level 3 Acquisition Programs of Components of the 
     Department.--
       ``(1) Identification.--Not later than 60 days after the 
     date of enactment of this section, component heads of the 
     Department shall identify to the Under Secretary for 
     Management all level 3 acquisition programs of each 
     respective component.
       ``(2) Certification.--Not later than 30 days after receipt 
     of the information under paragraph (1), the Under Secretary 
     for Management shall certify in writing to the congressional 
     homeland security committees whether the heads of the 
     components of the Department have properly identified the 
     programs described in that paragraph.
       ``(3) Methodology.--To carry out this subsection, the Under 
     Secretary shall establish a process with a repeatable 
     methodology to continually identify level 3 acquisition 
     programs.
       ``(c) Policies and Guidance.--
       ``(1) Submission.--Not later than 180 days after the date 
     of enactment of this section, the Component Acquisition 
     Executives shall submit to the Under Secretary for Management 
     the policies and relevant guidance for the level 3 
     acquisition programs of each component.
       ``(2) Certification.--Not later than 90 days after receipt 
     of the policies and guidance under subparagraph (A), the 
     Under Secretary shall certify in writing to the congressional 
     homeland security committees that the policies and guidance 
     of each component adhere to Department-wide acquisition 
     policies.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1232, is amended by inserting after the item relating to 
     section 838 the following:

``Sec. 839. Acquisition policies and guidance.''.

            TITLE III--INTELLIGENCE AND INFORMATION SHARING

  Subtitle A--Department of Homeland Security Intelligence Enterprise

     SEC. 1301. HOMELAND INTELLIGENCE DOCTRINE.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by 
     section 1601(g) of this Act, is amended by adding at the end 
     the following new section:

     ``SEC. 210F. HOMELAND INTELLIGENCE DOCTRINE.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, acting 
     through the Chief Intelligence Officer of the Department, in 
     coordination with intelligence components of the Department, 
     the Office of the General Counsel, the Privacy Office, and 
     the Office for Civil Rights and Civil Liberties, shall 
     develop and disseminate written Department-wide guidance for 
     the processing, analysis, production, and dissemination of 
     homeland security information (as such term is defined in 
     section 892) and terrorism information (as such term is 
     defined in section 1016 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 485)).
       ``(b) Contents.--The guidance required under subsection (a) 
     shall, at a minimum, include the following:
       ``(1) A description of guiding principles and purposes of 
     the Department's intelligence enterprise.
       ``(2) A summary of the roles and responsibilities, if any, 
     of each intelligence component of the Department and programs 
     of the intelligence components of the Department in the 
     processing, analysis, production, and dissemination of 
     homeland security information and terrorism information, 
     including relevant authorities and restrictions applicable to 
     each intelligence component of the Department and programs of 
     each such intelligence component.
       ``(3) Guidance for the processing, analysis, and production 
     of such information, including descriptions of component or 
     program specific datasets that facilitate the processing, 
     analysis, and production.
       ``(4) Guidance for the dissemination of such information, 
     including within the Department, among and between Federal 
     departments and agencies, among and between State, local, 
     tribal, and territorial governments, including law 
     enforcement agencies, and with foreign partners and the 
     private sector.
       ``(5) A statement of intent regarding how the dissemination 
     of homeland security information and terrorism information 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 agencies should assist 
     the intelligence community and Federal law enforcement 
     agencies in carrying out their respective missions.
       ``(6) A statement of intent regarding how the dissemination 
     of homeland security information and terrorism information to 
     State, local, tribal, and territorial government agencies, 
     including law enforcement agencies, should assist the 
     agencies in carrying out their respective missions.
       ``(c) Form.--The guidance required under subsection (a) 
     shall be disseminated 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 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1601(i) of this 
     Act, is amended by inserting after the item relating to 
     section 210E the following new item:

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

     SEC. 1302. PERSONNEL FOR THE CHIEF INTELLIGENCE OFFICER.

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

     SEC. 1303. ANNUAL HOMELAND TERRORIST THREAT ASSESSMENTS.

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

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

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section and for each of the 
     following 5 fiscal years (beginning in the first fiscal year 
     that

[[Page S3799]]

     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 coordinated with 
     each intelligence component of the Department and programs of 
     each such intelligence component, 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 foreign or 
     domestic terrorists or persons outside of the United States 
     to occur in 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 which is 
     suspected of financing terrorist activity.
       ``(4) Detailed information on all individuals suspected of 
     involvement in terrorist activity and subsequently--
       ``(A) prosecuted for a Federal criminal offense, including 
     details of the criminal charges involved;
       ``(B) placed into removal proceedings, including details of 
     the removal processes and charges used;
       ``(C) denied entry into the United States, including 
     details of the denial processes used; or
       ``(D) subjected to civil proceedings for revocation of 
     naturalization.
       ``(5) The efficacy and reach of foreign and domestic 
     terrorist organization propaganda, messaging, or recruitment, 
     including details of any specific propaganda, messaging, or 
     recruitment that contributed to terrorist activities 
     identified pursuant to paragraph (1).
       ``(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 and existing component threat 
     assessments; 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 unclassified form, but may include separate 
     classified annexes, if appropriate.

     ``SEC. 210H. REPORT ON TERRORISM PREVENTION ACTIVITIES OF THE 
                   DEPARTMENT.

       ``(a) Annual Report.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter, the 
     Secretary shall submit to Congress an annual report that 
     shall include the following:
       ``(1) A description of the status of the programs and 
     policies of the Department for countering violent extremism 
     and similar activities in the United States.
       ``(2) A description of the efforts of the Department to 
     cooperate with and provide assistance to other Federal 
     departments and agencies.
       ``(3) Qualitative and quantitative metrics for evaluating 
     the success of the programs and policies described in 
     paragraph (1) and the steps taken to evaluate the success of 
     those programs and policies.
       ``(4) An accounting of--
       ``(A) grants and cooperative agreements awarded by the 
     Department to counter violent extremism; and
       ``(B) all training specifically aimed at countering violent 
     extremism sponsored by the Department.
       ``(5) In coordination with the Under Secretary for 
     Intelligence and Analysis, an analysis of how the activities 
     of the Department to counter violent extremism correspond and 
     adapt to the threat environment.
       ``(6) A summary of how civil rights and civil liberties are 
     protected in the activities of the Department to counter 
     violent extremism.
       ``(7) An evaluation of the use of grants and cooperative 
     agreements awarded under sections 2003 and 2004 to support 
     efforts of local communities in the United States to counter 
     violent extremism, including information on the effectiveness 
     of those grants and cooperative agreements in countering 
     violent extremism.
       ``(8) A description of how the Department incorporated 
     lessons learned from the countering violent extremism 
     programs and policies and similar activities of foreign, 
     State, local, tribal, and territorial governments and 
     stakeholder communities.
       ``(9) A description of the decision process used by the 
     Department to rename or refocus the entities within the 
     Department that are focused on the issues described in this 
     subsection, including a description of the threat basis for 
     that decision.
       ``(b) Annual Review.--Not later than 1 year after the date 
     of enactment of this section, and annually thereafter, the 
     Office for Civil Rights and Civil Liberties of the Department 
     shall--
       ``(1) conduct a review of the countering violent extremism 
     and similar activities of the Department to ensure that all 
     such activities of the Department respect the privacy, civil 
     rights, and civil liberties of all persons; and
       ``(2) make publicly available on the website of the 
     Department a report containing the results of the review 
     conducted under paragraph (1).''.
       (b) Conforming Amendments.--The Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.) is amended--
       (1) in section 201(d) (6 U.S.C. 121(d)), by adding at the 
     end the following:
       ``(27) To carry out section 210G (relating to homeland 
     terrorist threat assessments) and section 210H (relating to 
     terrorism prevention activities).''; and
       (2) in section 2008(b)(1) (6 U.S.C. 609(b)(1))--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) to support any organization or group which has 
     knowingly or recklessly funded domestic terrorism or 
     international terrorism (as those terms are defined in 
     section 2331 of title 18, United States Code) or organization 
     or group known to engage in or recruit to such activities, as 
     determined by the Secretary in consultation with the 
     Administrator, the Under Secretary for Intelligence and 
     Analysis, and the heads of other appropriate Federal 
     departments and agencies.''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1301, is amended 
     by inserting after the item relating to section 210F the 
     following:

``Sec. 210G. Homeland terrorist threat assessments.
``Sec. 210H. Report on terrorism prevention activities of the 
              Department.''.
       (d) Sunset.--Effective on the date that is 5 years after 
     the date of enactment of this Act--
       (1) section 210H of the Homeland Security Act of 2002, as 
     added by subsection (a), is repealed; and
       (2) the table of contents in section 1(b) of the Homeland 
     Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is 
     amended by striking the item relating to section 210H.

     SEC. 1304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.

       (a) In General.--
       (1) Development.--The Secretary of Homeland Security shall 
     develop a data framework to integrate existing Department of 
     Homeland Security datasets and systems, as appropriate, for 
     access by authorized personnel in a manner consistent with 
     relevant legal authorities and privacy, civil rights, and 
     civil liberties policies and protections.
       (2) Requirements.--In developing the framework required 
     under paragraph (1), the Secretary of Homeland Security shall 
     ensure, in accordance with all applicable statutory and 
     regulatory requirements, the following information is 
     included:
       (A) All information acquired, held, or obtained by an 
     office or component of the Department of Homeland Security 
     that falls within the scope of the information sharing 
     environment, including homeland security information, 
     terrorism information, weapons of mass destruction 
     information, and national intelligence.
       (B) Any information or intelligence relevant to priority 
     mission needs and capability requirements of the homeland 
     security enterprise, as determined appropriate by the 
     Secretary.
       (b) Data Framework Access.--
       (1) In general.--The Secretary of Homeland Security shall 
     ensure that the data framework required under this section is 
     accessible to employees of the Department of Homeland 
     Security who the Secretary determines--
       (A) have an appropriate security clearance;
       (B) are assigned to perform a function that requires access 
     to information in such framework; and
       (C) are trained in applicable standards for safeguarding 
     and using such information.
       (2) Guidance.--The Secretary of Homeland Security shall--
       (A) issue guidance for Department of Homeland Security 
     employees authorized to access and contribute to the data 
     framework pursuant to paragraph (1); and
       (B) ensure that such guidance enforces a duty to share 
     between offices and components of the Department when 
     accessing or contributing to such framework for mission 
     needs.
       (3) Efficiency.--The Secretary of Homeland Security shall 
     promulgate data standards and instruct components of the 
     Department of Homeland Security to make available information 
     through the data framework required under this section in a 
     machine-readable standard format, to the greatest extent 
     practicable.
       (c) Exclusion of Information.--The Secretary of Homeland 
     Security may exclude information from the data framework if 
     the Secretary determines inclusion of such information may--
       (1) jeopardize the protection of sources, methods, or 
     activities;

[[Page S3800]]

       (2) compromise a criminal or national security 
     investigation;
       (3) be inconsistent with other Federal laws or regulations; 
     or
       (4) be duplicative or not serve an operational purpose if 
     included in such framework.
       (d) Safeguards.--The Secretary of Homeland Security shall 
     incorporate into the data framework required under this 
     section systems capabilities for auditing and ensuring the 
     security of information included in such framework. Such 
     capabilities shall include the following:
       (1) Mechanisms for identifying insider threats.
       (2) Mechanisms for identifying security risks.
       (3) Safeguards for privacy, civil rights, and civil 
     liberties.
       (e) Deadline for Implementation.--Not later than 2 years 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall ensure the data framework required 
     under this section has the ability to include the information 
     described in subsection (a).
       (f) Notice to Congress.--
       (1) Status updates.--The Secretary of Homeland Security 
     shall submit to the appropriate congressional committees 
     regular updates on the status of the data framework until 
     such framework is fully operational.
       (2) Operational notification.--Not later than 60 days after 
     the date on which the data framework required under this 
     section is fully operational, the Secretary of Homeland 
     Security shall provide notice to the appropriate 
     congressional committees that the data framework is fully 
     operational.
       (3) Value added.--The Secretary of Homeland Security shall 
     include in each assessment required under section 210G(a) of 
     the Homeland Security Act of 2002, as added by this Act, if 
     applicable, a description of the use of the data framework 
     required under this section to support operations that 
     disrupt terrorist activities and incidents in the homeland.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committee.--The term 
     ``appropriate congressional committee''--
       (A) has the meaning given the term in section 2 of the 
     Homeland Security Act of 2002 (6 U.S.C. 101); and
       (B) includes the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives.
       (2) Homeland.--The term ``homeland'' has the meaning given 
     the term in section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101).
       (3) Homeland security information.--The term ``homeland 
     security information'' has the meaning given such term in 
     section 892 of the Homeland Security Act of 2002 (6 U.S.C. 
     482).
       (4) Insider threat.--The term ``insider threat'' has the 
     meaning given such term in section 104 of the Homeland 
     Security Act of 2002, as added by section 1305.
       (5) National intelligence.--The term ``national 
     intelligence'' has the meaning given such term in section 
     3(5) of the National Security Act of 1947 (50 U.S.C. 
     3003(5)).
       (6) Terrorism information.--The term ``terrorism 
     information'' has the meaning given such term in section 1016 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (6 U.S.C. 485).

     SEC. 1305. ESTABLISHMENT OF INSIDER THREAT PROGRAM.

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

     ``SEC. 104. INSIDER THREAT PROGRAM.

       ``(a) Establishment.--The Secretary shall establish an 
     Insider Threat Program within the Department, which shall--
       ``(1) provide training and education for employees of the 
     Department 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.--
       ``(A) Establishment.--The Secretary shall establish a 
     Steering Committee within the Department.
       ``(B) Membership.--The membership of the Steering Committee 
     shall be as follows:
       ``(i) The Under Secretary for Management and the Under 
     Secretary for Intelligence and Analysis shall serve as the 
     Co-Chairpersons of the Steering Committee.
       ``(ii) The Chief Security Officer, as the designated Senior 
     Insider Threat Official, shall serve as the Vice Chairperson 
     of the Steering Committee.
       ``(iii) The other members of the Steering Committee shall 
     be comprised of representatives of--

       ``(I) the Office of Intelligence and Analysis;
       ``(II) the Office of the Chief Information Officer;
       ``(III) the Office of the General Counsel;
       ``(IV) the Office for Civil Rights and Civil Liberties;
       ``(V) the Privacy Office;
       ``(VI) the Office of the Chief Human Capital Officer;
       ``(VII) the Office of the Chief Financial Officer;
       ``(VIII) the Federal Protective Service;
       ``(IX) the Office of the Chief Procurement Officer;
       ``(X) the Science and Technology Directorate; and
       ``(XI) other components or offices of the Department as 
     appropriate.

       ``(C) Meetings.--The members of the Steering Committee 
     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 1 year after the 
     date of the enactment of this section, the Under Secretary 
     for Management, the Under Secretary for Intelligence and 
     Analysis, and the Chief Security Officer, in coordination 
     with the Steering Committee, shall--
       ``(A) develop a holistic strategy for Department-wide 
     efforts to identify, prevent, mitigate, and respond to 
     insider threats to the Department's critical assets;
       ``(B) develop a plan to implement the insider threat 
     measures identified in the strategy developed under 
     subparagraph (A) across the components and offices of the 
     Department;
       ``(C) document insider threat policies and controls;
       ``(D) conduct a baseline risk assessment of insider threats 
     posed to the Department's critical assets;
       ``(E) examine 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) 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, best practices, and 
     available technology; and
       ``(H) develop, collect, and report metrics on the 
     effectiveness of the Department's insider threat mitigation 
     efforts.
       ``(c) Preservation of Merit System Rights.--
       ``(1) In general.--The Steering Committee shall not seek 
     to, and the authorities provided under this section shall not 
     be used to, deter, detect, or mitigate disclosures of 
     information by Government employees or contractors that are 
     lawful under and protected by section 17(d)(5) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) 
     (commonly known as the `Intelligence Community Whistleblower 
     Protection Act of 1998'), chapter 12 or 23 of title 5, United 
     States Code, the Inspector General Act of 1978 (5 U.S.C. 
     App.), or any other whistleblower statute, regulation, or 
     policy.
       ``(2) Implementation.--
       ``(A) In general.--Any activity carried out under this 
     section shall be subject to section 115 of the Whistleblower 
     Protection Enhancement Act of 2012 (5 U.S.C. 2302 note).
       ``(B) Required statement.--Any activity to implement or 
     enforce any insider threat activity or authority under this 
     section or Executive Order 13587 (50 U.S.C. 3161 note) shall 
     include the statement required by section 115 of the 
     Whistleblower Protection Enhancement Act of 2012 (5 U.S.C. 
     2302 note) that preserves rights under whistleblower laws and 
     section 7211 of title 5, United States Code, protecting 
     communications with Congress.
       ``(d) Definitions.--In this section:
       ``(1) Critical assets.--The term `critical assets' means 
     the resources, including personnel, facilities, information, 
     equipment, networks, or systems necessary for the Department 
     to fulfill its mission.
       ``(2) Employee.--The term `employee' has the meaning given 
     the term in section 2105 of title 5, United States Code.
       ``(3) Insider.--The term `insider' means--
       ``(A) any person who has or had authorized access to 
     Department facilities, information, equipment, networks, or 
     systems 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.
       ``(4) 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.
       ``(5) Steering committee.--The term `Steering Committee' 
     means the Steering Committee established under subsection 
     (b)(1)(A).''.
       (b) Report.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, and once every 2 years thereafter 
     for the following 4-year period, the Secretary of Homeland 
     Security shall submit to the Committee

[[Page S3801]]

     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--
       (A) how the Department of Homeland Security, including the 
     components and offices of the Department of Homeland 
     Security, have implemented the strategy developed under 
     section 104(b)(2)(A) of the Homeland Security Act of 2002, as 
     added by this Act;
       (B) the status of the risk assessment of critical assets 
     being conducted by the Department of Homeland Security;
       (C) the types of insider threat training conducted;
       (D) the number of employees of the Department of Homeland 
     Security who have received insider threat training; and
       (E) information on the effectiveness of the Insider Threat 
     Program (established under section 104(a) of the Homeland 
     Security Act of 2002, as added by this Act), 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 the terms in section 104 of the Homeland 
     Security Act of 2002 (as added by this Act).
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 103 the following:

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

     SEC. 1306. REPORT ON APPLICATIONS AND THREATS OF BLOCKCHAIN 
                   TECHNOLOGY.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Financial 
     Services, and the Committee on Homeland Security of the House 
     of Representatives.
       (2) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' means an organization designated as 
     a foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means a country the government of which the 
     Secretary of State has determined to be a government that has 
     repeatedly provided support for acts of international 
     terrorism for purposes of--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.));
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other provision of law.
       (b) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary, in consultation 
     with the Secretary of the Treasury, the Attorney General, the 
     Director of National Intelligence, and the heads of such 
     other departments and agencies of the Federal Government as 
     the Secretary considers appropriate, shall provide to the 
     appropriate committees of Congress a report on the 
     applications and threats of blockchain technology.
       (c) Elements.--The report required under subsection (b) 
     shall include--
       (1) an assessment of potential offensive and defensive 
     cyber applications of blockchain technology and other 
     distributed ledger technologies;
       (2) an assessment of the actual and potential threat posed 
     by individuals and state sponsors of terrorism using 
     distributed ledger-enabled currency and other emerging 
     financial technological capabilities to carry out activities 
     in furtherance of an act of terrorism, including the 
     provision of material support or resources to a foreign 
     terrorist organization;
       (3) an assessment of the use or planned use of such 
     technologies by the Federal Government and critical 
     infrastructure networks; and
       (4) a threat assessment of efforts by foreign powers, 
     foreign terrorist organizations, and criminal networks to 
     utilize such technologies and related threats to the 
     homeland, including an assessment of the vulnerabilities of 
     critical infrastructure networks to related cyberattacks.
       (d) Form of Report.--The report required under subsection 
     (b) shall be provided in unclassified form, but may include a 
     classified supplement.
       (e) 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. 1307. 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. 1308. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS 
                   ADVISORY BOARD.

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

     ``SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTER THREATS.

       ``(a) Establishment.--There is authorized in the 
     Department, for a period of 2 years beginning after the date 
     of enactment of this section, a Counter Threats Advisory 
     Board (in this section referred to as the `Board') which 
     shall--
       ``(1) be composed of senior representatives of departmental 
     operational components and headquarters elements; and
       ``(2) coordinate departmental intelligence activities and 
     policy and information related to the mission and functions 
     of the Department that counter threats.
       ``(b) Charter.--There shall be a charter to govern the 
     structure and mission of the Board, which shall--
       ``(1) direct the Board to focus on the current threat 
     environment and the importance of aligning departmental 
     activities to counter threats under the guidance of the 
     Secretary; and
       ``(2) be reviewed and updated as appropriate.
       ``(c) Members.--
       ``(1) In general.--The Board shall be composed of senior 
     representatives of departmental operational components and 
     headquarters elements.
       ``(2) Chair.--The Under Secretary for Intelligence and 
     Analysis shall serve as the Chair of the Board.
       ``(3) Members.--The Secretary shall appoint additional 
     members of the Board from among the following:
       ``(A) The Transportation Security Administration.
       ``(B) U.S. Customs and Border Protection.
       ``(C) U.S. Immigration and Customs Enforcement.
       ``(D) The Federal Emergency Management Agency.
       ``(E) The Coast Guard.
       ``(F) U. S. 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 Strategy, Policy, and Plans.
       ``(M) The Science and Technology Directorate.
       ``(N) The Office for State and Local Law Enforcement.
       ``(O) The Privacy Office.
       ``(P) The Office for Civil Rights and Civil Liberties.
       ``(Q) Other departmental offices and programs as determined 
     appropriate by the Secretary.
       ``(d) Meetings.--The Board shall--
       ``(1) 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
       ``(2) make recommendations to the Secretary.
       ``(e) Terrorism Alerts.--The Board shall advise the 
     Secretary on the issuance of terrorism alerts under section 
     203.
       ``(f) Prohibition on Additional Funds.--No additional funds 
     are authorized to carry out this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135), as amended by section 
     1303, is amended by inserting after the item relating to 
     section 210H the following:

``Sec. 210I. Departmental coordination to counter threats.''.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Chair of the Counter Threats Advisory 
     Board established under section 210I of the Homeland Security 
     Act of 2002, as added by

[[Page S3802]]

     subsection (a), 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 on the status and activities of the 
     Counter Threats Advisory Board.
       (d) Notice.--The Department of Homeland Security shall 
     provide written notification to and brief the Committee on 
     Homeland Security and Governmental Affairs and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Homeland Security and the Permanent Select Committee on 
     Intelligence of the House of Representatives on any changes 
     to or introductions of new mechanisms to coordinate threats 
     across the Department.

     SEC. 1309. BRIEFING ON PHARMACEUTICAL-BASED AGENT THREATS.

       (a) Briefing Required.--Not later than 120 days after the 
     date of enactment of this Act, the Assistant Secretary for 
     the Countering Weapons of Mass Destruction Office, in 
     consultation with other departments and agencies of the 
     Federal Government as the Assistant Secretary considers 
     appropriate, shall brief the appropriate congressional 
     committees on threats related to pharmaceutical-based agents. 
     The briefing shall incorporate, and the Assistant Secretary 
     shall update as necessary, any related Terrorism Risk 
     Assessments or Material Threat Assessments related to the 
     threat.
       (b) Elements.--The briefing under subsection (a) shall 
     include--
       (1) an assessment of threats from individuals or 
     organizations using pharmaceutical-based agents to carry out 
     activities in furtherance of any act of terrorism;
       (2) an assessment of materiel and non-materiel capabilities 
     within the Federal Government to deter and manage the 
     consequences of such an attack; and
       (3) a strategy to address any identified capability gaps to 
     deter and manage the consequences of any act of terrorism 
     using pharmaceutical-based agents.
       (c) Form of Briefing.--The briefing under subsection (a) 
     may be provided in classified form.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committee.--The term 
     ``appropriate congressional committee'' has the meaning given 
     that term under section 2 of the Homeland Security Act of 
     2002 (6 U.S.C. 101).
       (2) Pharmaceutical-based agent.--The term ``pharmaceutical-
     based agent'' means a chemical, including fentanyl, 
     carfentanil, and related analogues, which affects the central 
     nervous system and has the potential to be used as a chemical 
     weapon.

              Subtitle B--Stakeholder Information Sharing

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

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

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

       (2) in subsection (a), by adding at the end the following: 
     ``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.
       ``(C) Memoranda of understanding.--The Under Secretary for 
     Intelligence and Analysis shall negotiate memoranda of 
     understanding between the Department and a State or local 
     government, in coordination with the appropriate 
     representatives from fusion centers in the National Network 
     of Fusion Centers, regarding the exchange of information 
     between the Department and such fusion centers. Such 
     memoranda shall include the following:
       ``(i) The categories of information to be provided by each 
     entity to the other entity that are parties to any such 
     memoranda.
       ``(ii) The contemplated uses of the exchanged information 
     that is the subject of any such memoranda.
       ``(iii) The procedures for developing joint products.
       ``(iv) The information sharing dispute resolution 
     processes.
       ``(v) Any protections necessary to ensure the exchange of 
     information accords with applicable law and policies.
       ``(2) Sources of support.--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.

[[Page S3803]]

       ``(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 (Public Law 107-296; 116 Stat. 2135) 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. 1312. 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 Act, including an 
     assessment of whether deploying additional Department 
     personnel to such fusion centers would enhance the 
     Department's mission under section 101(b) of such Act (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 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.
       (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 
     Act.

     SEC. 1313. STRATEGY FOR FUSION CENTERS SUPPORTING 
                   COUNTERNARCOTICS INITIATIVES THROUGH 
                   INTELLIGENCE INFORMATION SHARING AND ANALYSIS.

       Not later than 180 days after the date of enactment of this 
     Act, the Under Secretary for Intelligence and Analysis shall 
     submit to Congress a strategy for how the National Network of 
     Fusion Centers (as defined in section 210A(j) of the Homeland 
     Security Act of 2002 (6 U.S.C. 124h(j)), as amended by this 
     Act) will support law enforcement counternarcotics activities 
     and investigations through intelligence information sharing 
     and analysis, including providing guidelines and best 
     practices to fusion center leadership and personnel.

     SEC. 1314. 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 2 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

[[Page S3804]]

     term in section 210A(j) of the Homeland Security Act of 2002 
     (6 U.S.C. 124h(j)), as amended by this Act.

     SEC. 1315. 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 Act;
       (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. 1316. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED 
                   FACILITY INVENTORY.

       (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 personnel 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. 1317. 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 the National Network of Fusion 
     Centers through the Department of Homeland Security Fusion 
     Center Partnership Initiative under section 210A of the 
     Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by 
     this Act, as well as other relevant law enforcement entities, 
     release information from a Federal correctional facility, 
     including the name, charging date, and expected place and 
     date of release, of certain individuals who may pose a 
     terrorist threat.
       (b) Scope.--The information shared under subsection (a) 
     shall be--
       (1) for homeland security purposes; and
       (2) regarding individuals convicted of a Federal crime of 
     terrorism (as defined in section 2332b of title 18, United 
     States Code).
       (c) Periodic Threat Assessments.--Consistent with the 
     protection of classified information and controlled 
     unclassified information, the Secretary of Homeland Security 
     shall coordinate with appropriate Federal officials to 
     provide the National Network of Fusion Centers described in 
     subsection (a) with periodic assessments regarding the 
     overall threat from known or suspected terrorists currently 
     incarcerated in a Federal correctional facility, including 
     the assessed risks of such populations engaging in terrorist 
     activity upon release.
       (d) Privacy Protections.--Prior to implementing subsection 
     (a), the Secretary of Homeland Security 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.
       (f) 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 Act.

     SEC. 1318. ANNUAL REPORT ON OFFICE FOR STATE AND LOCAL LAW 
                   ENFORCEMENT.

       Section 2006(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 607(b)) is amended--
       (1) by redesignating paragraph (5) as paragraph (6); and
       (2) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Report.--For each of fiscal years 2019 through 2023, 
     the Assistant Secretary for State and Local Law Enforcement 
     shall submit to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report on 
     the activities of the Office for State and Local Law 
     Enforcement. Each such report shall include, for the fiscal 
     year covered by the report, a description of each of the 
     following:
       ``(A) Efforts to coordinate and share information regarding 
     Department and component agency programs with State, local, 
     and tribal law enforcement agencies.
       ``(B) Efforts to improve information sharing through the 
     Homeland Security Information Network by appropriate 
     component agencies of the Department and by State, local, and 
     tribal law enforcement agencies.
       ``(C) The status of performance metrics within the Office 
     for State and Local Law Enforcement to evaluate the 
     effectiveness of efforts to carry out responsibilities set 
     forth within this subsection.
       ``(D) Any feedback from State, local, and tribal law 
     enforcement agencies about the Office for State and Local Law 
     Enforcement, including the mechanisms utilized to collect 
     such feedback.
       ``(E) Efforts to carry out all other responsibilities of 
     the Office for State and Local Law Enforcement.''.

     SEC. 1319. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY 
                   TRAINING, PUBLICATIONS, PROGRAMS, AND SERVICES 
                   FOR STATE, LOCAL, TRIBAL, AND TERRITORIAL LAW 
                   ENFORCEMENT AGENCIES.

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

     SEC. 1320. 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 
     subtitle A of this Act, is amended by adding at the end the 
     following:

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

       ``(a) In General.--The Office of Intelligence and Analysis 
     of the Department 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;
       ``(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 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 
     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 these threats to State, local, and tribal 
     authorities, other Federal agencies, and relevant national 
     biosecurity

[[Page S3805]]

     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, including the Countering 
     Weapons of Mass Destruction Office, the National 
     Biosurveillance Integration Center, other agencies within the 
     intelligence community, including the National Counter 
     Proliferation Center, and other Federal, State, local, and 
     tribal 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) Fusion center.--The term `fusion center' has the 
     meaning given the term in section 210A.
       ``(2) 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. 401a(4)).
       ``(3) National biosecurity and biodefense stakeholders.--
     The term `national biosecurity and biodefense stakeholders' 
     means officials from Federal, State, local, and tribal 
     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 (Public Law 107-
     296; 116 Stat. 2135), as amended by subtitle A of this title, 
     is amended by inserting after the item relating to section 
     210I the following:

``Sec. 210J. Chemical, biological, radiological, and nuclear 
              intelligence and information sharing.''.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and annually thereafter, the Secretary 
     of Homeland Security shall report to the appropriate 
     congressional committees on--
       (A) the intelligence and information sharing activities 
     under section 210I 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; and
       (B) the Department's activities in accordance with relevant 
     intelligence strategies.
       (2) Assessment of implementation.--The reports required 
     under paragraph (1) shall include--
       (A) an assessment of the progress of the Office of 
     Intelligence and Analysis of the Department of Homeland 
     Security in implementing such section 210I; and
       (B) a description of the methods established to carry out 
     such assessment.
       (3) Termination.--This subsection shall terminate on the 
     date that is 5 years after the date of enactment of this Act.
       (4) Definition.--In this subsection, the term ``appropriate 
     congressional committees'' means--
       (A) the Committee on Homeland Security and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives;
       (B) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (C) any other 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.
       (d) Dissemination of Information Analyzed by the Department 
     to State, Local, Tribal, and Private Entities With 
     Responsibilities Relating to Homeland Security.--Section 
     201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C. 
     121(d)(8)) is amended by striking ``and to agencies of 
     State'' and all that follows through the period at the end 
     and inserting ``to State, local, and tribal governments and 
     private entities with such responsibilities, and, as 
     appropriate, to the public, in order to assist in preventing, 
     deterring, or responding to acts of terrorism against the 
     United States.''.

     SEC. 1321. DUTY TO REPORT.

       (a) Duty Imposed.--Except as provided in subsection (c), 
     whenever an act of terrorism occurs in the United States, it 
     shall be the duty of the primary Government agency 
     investigating such act to submit, in collaboration with the 
     Secretary of Homeland Security, the Attorney General, the 
     Director of the Federal Bureau of Investigation, and, as 
     appropriate, the Director of the National Counterterrorism 
     Center, an unclassified report (which may be accompanied by a 
     classified annex) to Congress concerning such act not later 
     than 1 year after the completion of the investigation. 
     Reports required under this subsection may be combined into a 
     quarterly report to Congress.
       (b) Content of Reports.--Each report under this section 
     shall include--
       (1) a statement of the facts of the act of terrorism 
     referred to in subsection (a), as known at the time of the 
     report;
       (2) an explanation of any gaps in national security that 
     could be addressed to prevent future acts of terrorism;
       (3) any recommendations for additional measures that could 
     be taken to improve homeland security, including potential 
     changes in law enforcement practices or changes in law, with 
     particular attention to changes that could help prevent 
     future acts of terrorism; and
       (4) a summary of the report for public distribution.
       (c) Exception.--The duty established under subsection (a) 
     shall not apply in instances in which the Secretary of 
     Homeland Security, the Attorney General, the Director of the 
     Federal Bureau of Investigation, or the head of the National 
     Counterterrorism Center determines that the information 
     required to be reported could jeopardize an ongoing 
     investigation or prosecution. In such instances, the 
     principal making such determination shall notify Congress of 
     such determination before the first anniversary of the 
     completion of the investigation described in such subsection.
       (d) Defined Term.--In this section, the term ``act of 
     terrorism'' has the meaning given the term in section 3077 of 
     title 18, United States Code.

     SEC. 1322. STRATEGY FOR INFORMATION SHARING REGARDING 
                   NARCOTICS TRAFFICKING IN INTERNATIONAL MAIL.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary, in coordination with the Commissioner of 
     U.S. Customs and Border Protection, and other Federal 
     agencies, as appropriate, shall submit to Congress a strategy 
     to share counternarcotics information related to 
     international mail, including information about best 
     practices and known shippers of illegal narcotics, between--
       (1) Department of Homeland Security components;
       (2) the United States Postal Service;
       (3) express consignment operators;
       (4) peer-to-peer payment platforms; and
       (5) other appropriate stakeholders.

     SEC. 1323. CONSTITUTIONAL LIMITATIONS.

       All intelligence gathering and information sharing 
     activities conducted by the Department of Homeland Security 
     under this title or an amendment made by this title shall be 
     carried out in accordance with the rights and protections 
     afforded by the Constitution of the United States.

     TITLE IV--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS

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

     SEC. 1401. 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 on 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.''.

     SEC. 1402. 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'--
       ``(A) means an emergency response provider; and

[[Page S3806]]

       ``(B) 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.''.

     SEC. 1403. 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. 1404. LAW ENFORCEMENT TERRORISM PREVENTION.

       (a) Law Enforcement Terrorism Prevention Program.--Section 
     2006(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     607(a)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``States and high-risk urban areas 
     expend'' after ``that''; and
       (B) by striking ``is used'';
       (2) in paragraph (2), by amending subparagraph (I) to read 
     as follows:
       ``(I) activities as determined appropriate by the 
     Administrator, in coordination with the Assistant Secretary 
     for State and Local Law Enforcement within the Office of 
     Partnership and Engagement of the Department, through 
     outreach to relevant stakeholder organizations; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) Annual report.--The Administrator, in coordination 
     with the Assistant Secretary for State and Local Law 
     Enforcement, shall report annually from fiscal year 2018 
     through fiscal year 2022 on the use of grants under sections 
     2003 and 2004 for law enforcement terrorism prevention 
     activities authorized under this section, including the 
     percentage and dollar amount of funds used for such 
     activities and the types of projects funded.''.
       (b) Office for State and Local Law Enforcement.--Section 
     2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 
     607(b)) 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 ``verify''.

     SEC. 1405. PRIORITIZATION.

       Section 2007(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 608(a)) 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''.

     SEC. 1406. 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) in paragraph (5), by inserting before the semicolon at 
     the end the following: ``, provided such emergency 
     communications 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'';
       (C) by striking paragraph (14);
       (D) by redesignating paragraphs (6) through (13) as 
     paragraphs (8) through (15), respectively;
       (E) 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 (as defined in section 2004(f)), 
     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 2209) and developing statewide 
     cyber threat information analysis and dissemination 
     activities;'';
       (F) in paragraph (8), as so redesignated, by striking 
     ``Homeland Security Advisory System'' and inserting 
     ``National Terrorism Advisory System'';
       (G) in paragraph (14), as so redesignated--
       (i) by striking ``3'' and inserting ``5''; and
       (ii) by adding ``and'' at the end; and
       (H) in paragraph (15), as so redesignated, by striking ``; 
     and'' and inserting a period;
       (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 inserting 
     ``core''.

     SEC. 1407. APPROVAL OF CERTAIN EQUIPMENT.

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

     SEC. 1408. AUTHORITY FOR EXPLOSIVE ORDNANCE DISPOSAL UNITS TO 
                   ACQUIRE NEW OR EMERGING TECHNOLOGIES AND 
                   CAPABILITIES.

       The Secretary of Homeland Security may authorize an 
     explosive ordnance disposal unit to acquire new or emerging 
     technologies and capabilities that are not specifically 
     provided for in the authorized equipment allowance for the 
     unit, as such allowance is set forth in the Authorized 
     Equipment List maintained by the Administrator of the Federal 
     Emergency Management Agency.

     SEC. 1409. 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 REGARDING THE POLICY AND 
                   GUIDANCE.

       ``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 Assistant Director for Emergency Communications.
       ``(6) The Assistant Secretary for State and Local Law 
     Enforcement.
       ``(7) The Countering Violent Extremism Coordinator.

[[Page S3807]]

       ``(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 (Public Law 107-
     296; 116 Stat. 2135) 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 regarding the policy and guidance.''.

     SEC. 1410. 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, 604) have closed capability gaps 
     identified in State Preparedness Reports required under 
     subsection (c) of section 652 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 752; title VI of the 
     Department of Homeland Security Appropriations Act, 2007; 
     Public Law 109-295) and Threat and Hazard Identification and 
     Risk Assessments required under subsections (e) and (f) of 
     such sections 2003 and 2004, respectively, as added by this 
     Act, from each State and high-risk urban area, the 
     Administrator of the Federal Emergency Management Agency 
     shall conduct and submit to the Committee on Homeland 
     Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate an assessment of information provided in those 
     reports and assessments.
       (b) Assessment Requirements.--The assessment required under 
     subsection (a) shall include--
       (1) 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; and
       (2) an assessment of the value and usefulness of State 
     Preparedness Reports and Threat and Hazard Identification and 
     Risk Assessments, including--
       (A) the degree to which such reports and assessments are 
     data-driven and empirically supported;
       (B) the degree to which such reports and assessments have 
     informed grant award decisions by the Federal Emergency 
     Management Agency;
       (C) the degree to which grant award decisions by the 
     Federal Emergency Management Agency have demonstrably reduced 
     the risks identified in such reports and assessments;
       (D) the degree to which such reports and assessments align 
     with Federal risk assessments, including counterterrorism 
     risk assessments, and the degree to which grant award 
     decisions by the Federal Emergency Management Agency have 
     reduced those federally identified risks;
       (E) the degree to which capability gaps identified in such 
     reports and assessments have been mitigated; and
       (F) options for improving State Preparedness Reports and 
     Threat and Hazard Identification and Risk Assessments so that 
     they better inform and align with grant award decisions by 
     the Federal Emergency Management Agency.
       (c) Inspector General Evaluation.--The Inspector General of 
     the Department of Homeland Security shall submit to the 
     Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report evaluating the 
     assessment conducted by the Administrator of the Federal 
     Emergency Management Agency under subsection (a).

     SEC. 1411. GRANT MANAGEMENT BEST PRACTICES.

       The Administrator of the Federal Emergency Management 
     Agency shall include on the website of the Federal Emergency 
     Management Agency the following:
       (1) A summary of findings identified by the Office of the 
     Inspector General of the Department of Homeland Security in 
     audits of grants under sections 2003 and 2004 of the Homeland 
     Security Act of 2002 (6 U.S.C. 603, 604) and methods to 
     address areas identified for improvement, including 
     opportunities for technical assistance.
       (2) Innovative projects and best practices instituted by 
     grant recipients.

     SEC. 1412. PROHIBITION ON CONSOLIDATION.

       (a) In General.--The Secretary of Homeland Security may not 
     implement the National Preparedness Grant Program or any 
     successor consolidated grant program unless the Secretary 
     receives prior authorization from Congress permitting such 
     implementation.
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study of consolidating preparedness grant 
     programs to--
       (1) determine if the consolidated grant program would be 
     more efficient, effective, and cost effective; and
       (2) assess whether the responsibility for managing the 
     preparedness grant programs should be relocated within the 
     Department of Homeland Security.

     SEC. 1413. MAINTENANCE OF GRANT INVESTMENTS.

       Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 
     609), as amended by section 1407, is amended by adding at the 
     end the following new subsection:
       ``(h) Maintenance of Equipment.--Any applicant for a grant 
     under section 2003 or 2004 seeking to use funds to purchase 
     equipment, including pursuant to paragraphs (3), (4), (5), or 
     (12) of subsection (a) of this section, shall by the time of 
     the receipt of such grant develop a plan for the maintenance 
     of such equipment over its life-cycle that includes 
     information identifying which entity is responsible for such 
     maintenance.''.

     SEC. 1414. TRANSIT SECURITY GRANT PROGRAM.

       Section 1406 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (6 U.S.C. 1135) is amended--
       (1) in subsection (b)(2)(A), by inserting ``and costs 
     associated with filling the positions of employees receiving 
     training during their absence'' after ``security training''; 
     and
       (2) by striking subsection (m) and inserting the following 
     new subsections:
       ``(m) Periods of Performance.--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.''.

     SEC. 1415. 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:
       ``(m) 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. 1416. CYBER PREPAREDNESS.

       (a) In General.--Section 2209 of the Homeland Security Act 
     of 2002, as so redesignated by section 1601(g), is amended--
       (1) in subsection (c)--
       (A) in paragraph (5)(B), by inserting ``, including the 
     National Network of Fusion Centers (as defined in section 
     210A), 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 defined in section 
     201A), 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. 1417. 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:

     ``SEC. 2009. OPERATION STONEGARDEN.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as `Operation Stonegarden'. 
     Under such program, the Secretary, acting through the 
     Administrator, shall make grants to eligible law enforcement 
     agencies, through the State Administrative Agency, to enhance 
     border security in accordance with this section.
       ``(b) Eligible Recipients.--To be eligible to receive a 
     grant under this section, a law enforcement agency shall--
       ``(1) be located in--
       ``(A) a State bordering either Canada or Mexico; or
       ``(B) a State or territory with a maritime border; and
       ``(2) be involved in an active, ongoing U.S. Customs and 
     Border Protection operation coordinated through a sector 
     office.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for any of the following:
       ``(1) Equipment, including maintenance and sustainment 
     costs.
       ``(2) Personnel costs, including overtime and backfill, 
     directly incurred in support of enhanced border law 
     enforcement activities.
       ``(3) Any activity permitted for Operation Stonegarden 
     under the Department of Homeland Security's Fiscal Year 2016 
     Homeland Security Grant Program Notice of Funding 
     Opportunity.
       ``(4) Any other appropriate activity, as determined by the 
     Administrator, in consultation with the Commissioner of U.S. 
     Customs and Border Protection.
       ``(d) Period of Performance.--The Secretary shall make 
     funds provided under this section available for use by a 
     recipient of a grant for a period of not less than 36 months.
       ``(e) Collection of Information.--For any fiscal year 
     beginning on or after the date that is 30 days after the date 
     of enactment of this section for which grants are made under 
     Operation Stonegarden, the Administrator shall separately 
     collect and maintain financial information with respect to 
     grants awarded under Operation Stonegarden, which shall 
     include--
       ``(1) the amount of the awards;
       ``(2) the amount obligated for the awards;
       ``(3) the amount of outlays under the awards;

[[Page S3808]]

       ``(4) financial plans with respect to the use of the 
     awards;
       ``(5) any funding transfers or reallocations; and
       ``(6) any adjustments to spending plans or reprogramming.
       ``(f) Oversight by the Administrator.--
       ``(1) In general.--The Administrator shall establish and 
     implement guidelines--
       ``(A) to ensure that amounts made available under Operation 
     Stonegarden are used in accordance with grant guidance and 
     Federal laws;
       ``(B) to improve program performance reporting and program 
     performance measurements to facilitate designing, 
     implementing, and enforcing procedures under Operation 
     Stonegarden; and
       ``(C) that require the recording of standardized 
     performance data regarding program output.
       ``(2) Submission.--Not later than 90 days after the date of 
     enactment of this section, the Administrator shall submit to 
     the Committee on Homeland Security and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate the guidelines established 
     under paragraph (1).
       ``(g) Financial Review Guidelines.--
       ``(1) In general.--The Administrator, in coordination with 
     the Commissioner of U.S. Customs and Border Protection, shall 
     develop and implement guidelines establishing procedures for 
     implementing the auditing and reporting requirements under 
     section 2022 with respect to Operation Stonegarden.
       ``(2) Submission.--Not later than 90 days after the date of 
     enactment of this section, the Administrator shall submit to 
     the Committee on Homeland Security and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate the guidelines established 
     under paragraph (1).
       ``(h) Report and Briefing.--The Administrator, in 
     coordination with the Commissioner of U.S. Customs and Border 
     Protection, shall, at least annually during each of fiscal 
     years 2018 through 2022, submit to the Committee on Homeland 
     Security and the Committee on Oversight and Government Reform 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report and 
     briefing including--
       ``(1) for the period covered by the report--
       ``(A) information on how each recipient of a grant under 
     Operation Stonegarden expended amounts received under the 
     grant;
       ``(B) a list of all operations carried out using amounts 
     made available under Operation Stonegarden; and
       ``(C) for each operation described in subparagraph (B)--
       ``(i) whether the operation is active or completed;
       ``(ii) the targeted purpose of the operation;
       ``(iii) the location of the operation; and
       ``(iv) the total number of hours worked by employees of the 
     grant recipient and by employees of U.S. Customs and Border 
     Protection with respect to the operation, including the 
     number of hours for which such employees received basic pay 
     and the number of hours for which such employees received 
     premium pay, by type of premium pay; and
       ``(2) in the first report submitted under this subsection--
       ``(A) an examination of the effects changing the Operation 
     Stonegarden Program to award multi-year grants would have on 
     the mission of the program; and
       ``(B) the findings and recommendations of the Administrator 
     regarding what changes could improve the program to better 
     serve the program mission, which may include feedback from 
     grant recipients.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 2008 the following:

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

     SEC. 1418. NON-PROFIT SECURITY GRANT PROGRAM.

       (a) In General.--Subtitle A of title XX of the Homeland 
     Security Act of 2002 (6 U.S.C. 601 et seq.), as amended by 
     section 1417 of this Act, is amended by adding at the end the 
     following:

     ``SEC. 2010. NON-PROFIT SECURITY GRANT PROGRAM.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as the `Non-Profit Security 
     Grant Program' (in this section referred to as the 
     `Program'). Under the Program, the Secretary, acting through 
     the Administrator, shall make grants to eligible nonprofit 
     organizations described in subsection (b), through the State 
     in which such organizations are located, for target hardening 
     and other security enhancements to protect against terrorist 
     attacks.
       ``(b) Eligible Recipients.--Eligible nonprofit 
     organizations described in this subsection (a) are 
     organizations that are--
       ``(1) described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code; and
       ``(2) determined to be at risk of a terrorist attack by the 
     Administrator.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for any of the following:
       ``(1) Target hardening activities, including physical 
     security enhancement equipment and inspection and screening 
     systems.
       ``(2) Fees for security training relating to physical 
     security and cybersecurity, target hardening, terrorism 
     awareness, and employee awareness.
       ``(3) Any other appropriate activity related to security or 
     security training, as determined by the Administrator.
       ``(d) Allocation.--The Administrator shall ensure that not 
     less than an amount equal to 30 percent of the total funds 
     appropriated for grants under the Program for each fiscal 
     year is used for grants to eligible nonprofit organizations 
     described in subsection (b) that are located in jurisdictions 
     not receiving funding under section 2003.
       ``(e) 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.''.
       (b) Conforming Amendment.--Subsection (a) of section 2002 
     of the Homeland Security Act of 2002 (6 U.S.C. 603) is 
     amended by striking ``sections 2003 and 2004'' and inserting 
     ``sections 2003, 2004, and 2010''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1417(b), is 
     amended by inserting after the item relating to section 2009 
     the following:

``Sec. 2010. Non-Profit Security Grant Program.''.

     SEC. 1419. STUDY OF THE USE OF GRANT FUNDS FOR CYBERSECURITY.

       Not later than 120 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a study on the use of grant funds awarded pursuant to 
     section 2003 and section 2004 of the Homeland Security Act of 
     2002 (6 U.S.C. 604, 605), including information on the 
     following:
       (1) The amount of grant funds invested or obligated 
     annually during fiscal years 2006 through 2016 to support 
     efforts to prepare for and respond to cybersecurity risks and 
     incidents (as such terms are defined in section 2209 of such 
     Act, as so redesignated by section 1601(g) of this Act).
       (2) The degree to which grantees identify cybersecurity as 
     a capability gap in the Threat and Hazard Identification and 
     Risk Assessment required under subsections (e) and (f) of 
     sections 2003 and 2004 of such Act (6 U.S.C. 604, 605), as 
     added by this Act.
       (3) Obstacles and challenges related to using grant funds 
     to improve cybersecurity.
       (4) Plans for future efforts to encourage grantees to use 
     grant funds to improve cybersecurity capabilities.

     SEC. 1420. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.

       (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:

     ``SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.

       ``(a) In General.--The Administrator, in consultation with 
     the Director of the National Counterterrorism Center and the 
     Director of the Federal Bureau of Investigation, shall 
     establish a Joint Counterterrorism Awareness Workshop Series 
     (in this section referred to as the `Workshop Series') to--
       ``(1) address emerging terrorist threats; and
       ``(2) enhance the ability of State and local jurisdictions 
     to prevent, protect against, respond to, and recover from 
     terrorist attacks.
       ``(b) Purpose.--The Workshop Series established under 
     subsection (a) shall include--
       ``(1) reviewing existing preparedness, response, and 
     interdiction plans, policies, and procedures related to 
     terrorist attacks of the participating jurisdictions and 
     identifying gaps in those plans, operational capabilities, 
     response resources, and authorities;
       ``(2) identifying Federal, State, and local resources 
     available to address the gaps identified under paragraph (1);
       ``(3) providing assistance, through training, exercises, 
     and other means, to build or sustain, as appropriate, the 
     capabilities to close those identified gaps;
       ``(4) examining the roles and responsibilities of 
     participating agencies and respective communities in the 
     event of a terrorist attack;
       ``(5) improving situational awareness and information 
     sharing among all participating agencies in the event of a 
     terrorist attack; and
       ``(6) identifying and sharing best practices and lessons 
     learned from the Workshop Series.
       ``(c) Designation of Participating Cities.--The 
     Administrator shall select jurisdictions to host a Workshop 
     Series from those cities that--
       ``(1) are currently receiving, or that previously received, 
     funding under section 2003; and
       ``(2) have requested to be considered.
       ``(d) Workshop Series Participants.--Individuals from State 
     and local jurisdictions and emergency response providers in 
     cities designated under subsection (c) shall be eligible to 
     participate in the Workshop Series, including--
       ``(1) senior elected and appointed officials;
       ``(2) law enforcement;
       ``(3) fire and rescue;
       ``(4) emergency management;
       ``(5) emergency medical services;
       ``(6) public health officials;
       ``(7) private sector representatives;
       ``(8) representatives of nonprofit organizations; and
       ``(9) other participants as deemed appropriate by the 
     Administrator.

[[Page S3809]]

       ``(e) Reports.--
       ``(1) Workshop series report.--The Administrator, in 
     consultation with the Director of the National 
     Counterterrorism Center, the Director of the Federal Bureau 
     of Investigation, and officials from the city in which a 
     Workshop Series is held, shall develop and submit to all of 
     the agencies participating in the Workshop Series a report 
     after the conclusion of the Workshop Series that addresses--
       ``(A) key findings about lessons learned and best practices 
     from the Workshop Series; and
       ``(B) potential mitigation strategies and resources to 
     address gaps identified during the Workshop Series.
       ``(2) Annual reports.--Not later than 1 year after the date 
     of enactment of this section and annually thereafter for 5 
     years, the Administrator, in consultation with the Director 
     of the National Counterterrorism Center and the Director of 
     the Federal Bureau of Investigation, 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 comprehensive summary report of 
     the key themes, lessons learned, and best practices 
     identified during the Workshop Series held during the 
     previous year.
       ``(f) Authorization.--There is authorized to be 
     appropriated $1,000,000 for each of fiscal years 2018 through 
     2022 to carry out this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 528 the following:

``Sec. 529. Joint Counterterrorism Awareness Workshop Series.''.

     SEC. 1421. EXERCISE ON TERRORIST AND FOREIGN FIGHTER TRAVEL; 
                   NATIONAL EXERCISE PROGRAM.

       (a) Exercise on Terrorist and Foreign Fighter Travel.--
       (1) In general.--In addition to, or as part of, exercise 
     programs carried out by the Department of Homeland Security 
     as of the date of enactment of this Act, to enhance domestic 
     preparedness for and collective response to terrorism, 
     promote the dissemination of homeland security information, 
     and test the security posture of the United States, the 
     Secretary of Homeland Security, through appropriate offices 
     and components of the Department of Homeland Security and in 
     coordination with the relevant Federal departments and 
     agencies, shall, not later than 1 year after the date of 
     enactment of this Act, develop and conduct an exercise 
     related to the terrorist and foreign fighter threat.
       (2) Exercise requirements.--The exercise required under 
     paragraph (1) shall include--
       (A) a scenario involving--
       (i) persons traveling from the United States to join or 
     provide material support or resources to a terrorist 
     organization abroad; and
       (ii) terrorist infiltration into the United States, 
     including United States citizens and foreign nationals; and
       (B) coordination with relevant Federal departments and 
     agencies, foreign governments, and State, local, tribal, 
     territorial, and private sector stakeholders.
       (3) Report.--
       (A) In general.--Not later than 60 days after the 
     completion of the exercise required under paragraph (1), the 
     Secretary of Homeland Security shall, consistent with the 
     protection of classified information, submit to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security of the House of 
     Representatives an after-action report presenting the initial 
     findings of the exercise, including any identified or 
     potential vulnerabilities in United States defenses and any 
     legislative changes requested in light of the findings.
       (B) Form.--The report required under subparagraph (A) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (b) Emerging Threats in the National Exercise Program.--
     Section 648(b)(2)(A) of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended--
       (1) in clause (v), by striking ``and'' at the end; and
       (2) by adding after clause (vi) the following:
       ``(vii) designed, to the extent practicable, to include 
     exercises addressing emerging terrorist threats, such as 
     scenarios involving United States citizens departing the 
     United States to enlist with or provide material support or 
     resources to terrorist organizations abroad or terrorist 
     infiltration into the United States, including United States 
     citizens and foreign nationals; and''.
       (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. The requirements of 
     this section and the amendments made by this section shall be 
     carried out using amounts otherwise authorized.

     SEC. 1422. GRANTS ACCOUNTABILITY.

       Section 2022 of the Homeland Security Act of 2002 (6. 
     U.S.C. 612) is amended--
       (1) in subsection (a)(1)(B)--
       (A) by striking ``The Department'' and inserting the 
     following:
       ``(i) In general.--The Department''; and
       (B) by adding at the end the following:
       ``(ii) Inspector general review.--With respect to each 
     grant awarded, the Inspector General of the Department may--

       ``(I) examine any records of the contractor or grantee, any 
     of its subcontractors or subgrantees, or any State or local 
     agency or other entity in receipt of or administering any 
     grant awarded, that pertain to, and involve transactions 
     relating to the contract, subcontract, grant, or subgrant; 
     and
       ``(II) interview any officer or employee of the contractor 
     or grantee, any of its subcontractors or subgrantees, or any 
     State or local agency or other entity in receipt of or 
     administering any grant awarded, regarding transactions 
     relating to the contract, subcontract, grant, or subgrant.

       ``(iii) Rule of construction.--Nothing in clause (ii) may 
     be construed to limit or restrict the authority of the 
     Inspector General of the Department.'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``a grant under section 2003 or 2004'' and 
     inserting ``a covered grant, any recipient, including'';
       (II) by inserting a comma after ``tribe''; and
       (III) by inserting ``or the Secretary, as appropriate under 
     the covered grant,'' after ``Administrator'';

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by inserting 
     ``recipient, including any'' after ``for the applicable'';
       (II) in clause (i), by striking ``section 2003 or 2004'' 
     and inserting ``the covered grant'';
       (III) in clause (ii)--

       (aa) by striking ``section 2003 or 2004'' and inserting 
     ``the covered grant''; and
       (bb) by striking ``and'' at the end;

       (IV) in clause (iii)--

       (aa) by striking ``summary'' and inserting ``detailed''; 
     and
       (bb) by striking ``such funds'' and all that follows 
     through the period at the end and inserting the following: 
     ``such funds, including--

       ``(I) the name of the recipient and the project or 
     activity;
       ``(II) a detailed description of the project or activity;
       ``(III) an evaluation of the completion status of the 
     project or activity;
       ``(IV) in the case of an infrastructure investment--

       ``(aa) the purpose, total expected cost, and rationale for 
     funding the infrastructure investment with funds made 
     available; and
       ``(bb) the name of the point of contact for the recipient 
     if there are questions concerning the infrastructure 
     investment; and

       ``(V) detailed information from each subgrantee, including 
     the information described in subparagraphs (I) through (IV), 
     on any subgrant awarded by the recipient; and''; and
       (V) by adding at the end the following:

       ``(iv) the total amount of funds received to date under 
     each covered grant.'';
       (iii) in subparagraph (C)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``subparagraph (A) by a'' and inserting 
     ``subparagraph (A) by any recipient, including any'';
       (bb) by inserting a comma after ``tribe''; and
       (cc) by inserting ``, in addition to the contents required 
     under subparagraph (B)'' after ``shall include'';

       (II) in clause (ii)--

       (aa) by inserting ``total'' before ``amount''; and
       (bb) by adding ``and'' at the end;

       (III) in clause (iii)--

       (aa) by striking ``apply within'' and inserting ``apply to 
     or within any recipient, including''; and
       (bb) by striking ``; and'' and inserting a period; and

       (IV) by striking clause (iv); and

       (B) by adding at the end the following:
       ``(3) Required reporting for prior awarded grants.--Not 
     later than 180 days after the end of the quarter following 
     the date of enactment of this paragraph, each recipient of a 
     covered grant awarded before the date of enactment of this 
     paragraph shall provide the information required under this 
     subsection and thereafter comply with the requirements of 
     this subsection.
       ``(4) Assistance in reporting.--The Administrator or the 
     Secretary, as appropriate under the covered grant, in 
     coordination with the Director of the Office of Management 
     and Budget, shall provide for user-friendly means for grant 
     recipients to comply with the reporting requirements of this 
     subsection.
       ``(5) Subgrantee reporting.--Each grant recipient required 
     to report information under paragraph (1)(B)(iii)(V) shall 
     register with the System for Award Management database or 
     complete other registration requirements as determined 
     necessary by the Director of the Office of Management and 
     Budget.
       ``(6) Publication of information.--Not later than 7 days 
     after the date on which the Administrator or the Secretary, 
     as the case may be, receives the reports required to be 
     submitted under this subsection, the Administrator and the 
     Secretary shall make the information in the reports publicly 
     available, in a searchable database, on the website of the 
     Federal Emergency Management Agency or Department, as 
     appropriate.
       ``(7) Covered grant defined.--In this subsection, the term 
     `covered grant' means a grant awarded under--
       ``(A) this Act; or

[[Page S3810]]

       ``(B) a program described in paragraphs (1) through (6) of 
     section 2002(b) that is administered by the Department.''; 
     and
       (3) by adding at the end the following:
       ``(d) Sunset and Disposition of Unexpended Grant Amounts.--
       ``(1) In general.--Except as may be otherwise provided in 
     the authorizing statute of a grant program, effective on the 
     date that is 5 years after the date on which grant funds are 
     distributed by the Administrator or the Secretary, as 
     appropriate, under a covered grant (as defined in subsection 
     (b)(7)), the authority of a covered grant recipient, 
     including any grantee or subgrantee, to obligate, provide, 
     make available, or otherwise expend those funds is 
     terminated.
       ``(2) Return of unexpended grant amounts.--Upon the 
     termination of authority under paragraph (1), any grant 
     amounts that have not been expended shall be returned to the 
     Administrator or the Secretary, as the case may be. The 
     Administrator or the Secretary, as the case may be, shall 
     deposit any grant amounts returned under this paragraph in 
     the General Fund of the Treasury in accordance with section 
     3302 of title 31, United States Code.
       ``(3) Awards to recipients returning grant funds.--On and 
     after the date on which the authority of a covered grant 
     recipient is terminated under paragraph (1) with respect to a 
     grant under a covered grant program, the Administrator or the 
     Secretary, as appropriate, may award a grant under the 
     covered grant program to the covered grant recipient, only 
     pursuant to the submission of a new grant application, in 
     accordance with the requirements of the grant program.
       ``(4) Applicability.--This subsection shall apply to any 
     grant awarded under a covered grant program on or after the 
     date of enactment of this subsection.''.

                       Subtitle B--Communications

     SEC. 1431. RESPONSIBILITIES OF ASSISTANT DIRECTOR FOR 
                   EMERGENCY COMMUNICATIONS.

       (a) In General.--Section 1801(c) of the Homeland Security 
     Act of 2002 (6 U.S.C. 571(c)) is amended--
       (1) by striking paragraph (3);
       (2) by redesignating paragraphs (4) through (14) as 
     paragraphs (3) through (13), respectively;
       (3) by redesignating paragraph (15) as paragraph (16);
       (4) in paragraph (8), as so redesignated, by striking ``, 
     in cooperation with the National Communications System,'';
       (5) in paragraph (11), as so redesignated, by striking 
     ``Assistant Secretary for Grants and Training'' and inserting 
     ``Administrator of the Federal Emergency Management Agency'';
       (6) in paragraph (13), as so redesignated, by striking 
     ``and'' at the end; and
       (7) by inserting after paragraph (13) the following:
       ``(14) administer the Government Emergency 
     Telecommunications Service (GETS) and Wireless Priority 
     Service (WPS) programs, or successor programs;
       ``(15) assess the impact of emerging technologies on 
     interoperable emergency communications; and''.
       (b) Performance of Previously Transferred Functions.--
     Section 1801(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 571(d)) is amended by--
       (1) striking paragraph (2); and
       (2) redesignating paragraph (3) as paragraph (2).

     SEC. 1432. ANNUAL REPORTING ON ACTIVITIES OF THE EMERGENCY 
                   COMMUNICATIONS DIVISION.

       Section 1801(f) of the Homeland Security Act of 2002 (6 
     U.S.C. 571(f)) is amended to read as follows:
       ``(f) Annual Reporting of Division Activities.--The 
     Assistant Director for Emergency Communications shall, not 
     later than 1 year after the date of the enactment of this 
     subsection and annually thereafter for each of the next 4 
     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 Emergency Communications Division, including 
     specific information on efforts to carry out paragraphs (3), 
     (4), and (5) of subsection (c).''.

     SEC. 1433. 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 5 
     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. 1434. TECHNICAL EDIT.

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

     SEC. 1435. 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--Other Matters

     SEC. 1451. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Title V.--Title V of the Homeland Security Act of 2002 
     (6 U.S.C. 311 et seq.) is amended as follows:
       (1) In section 501 (6 U.S.C. 311)--
       (A) by redesignating paragraphs (9) through (14) as 
     paragraphs (10) through (15), respectively; and
       (B) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) the term `Nuclear Incident Response Team' means a 
     resource that includes--
       ``(A) those entities of the Department of Energy that 
     perform nuclear or radiological emergency support functions 
     (including accident response, search response, advisory, and 
     technical operations functions), radiation exposure functions 
     at the medical assistance facility known as the Radiation 
     Emergency Assistance Center/Training Site (REAC/TS), 
     radiological assistance functions, and related functions; and
       ``(B) those entities of the Environmental Protection Agency 
     that perform such support functions (including radiological 
     emergency response functions) and related functions.''.
       (2) By striking section 502 (6 U.S.C. 312).
       (3) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)(B)), by 
     striking ``, the National Disaster Medical System,''.
       (4) In section 506 (6 U.S.C. 316)--
       (A) by striking subsection (b);
       (B) by redesignating subsections (c) and (d) as subsections 
     (b) and (c) respectively; and
       (C) in subsection (b), as so redesignated, by striking 
     ``section 708'' each place it appears and inserting ``section 
     707''.
       (5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in the 
     matter preceding subparagraph (A), by striking ``section 
     708'' and inserting ``section 707''.
       (b) Title XX.--Title XX of the Homeland Security Act of 
     2002 (6 U.S.C. 601 et seq.) is amended--
       (1) in section 2001 (6 U.S.C. 601)--
       (A) by striking paragraph (13);
       (B) by redesignating paragraphs (3) through (12) as 
     paragraphs (4) through (13), respectively; and
       (C) by inserting after paragraph (2) the following:
       ``(3) Core capabilities.--The term `core capabilities' 
     means the capabilities for Federal, State, local, and tribal 
     government preparedness for which guidelines are required to 
     be established under section 646(a) of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).'';
       (2) in subsection (k)(1) of section 2005 (6 U.S.C. 606), as 
     so redesignated by section 1403, by striking ``target'' and 
     inserting ``core''; and
       (3) in section 2021(d)(3) (6 U.S.C. 611(d)(3)), by striking 
     ``target'' each place it appears and inserting ``core''.
       (c) Implementing Recommendations of the 9/11 Commission Act 
     of 2007.--Section 1204 of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended--
       (1) in subsection (b)(4), by striking ``Rescue'' and 
     inserting ``Recovery''; and
       (2) in subsection (d)(2), by striking ``Rescue'' and 
     inserting ``Recovery''.

              TITLE V--FEDERAL EMERGENCY MANAGEMENT AGENCY

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``FEMA Reauthorization Act 
     of 2018''.

     SEC. 1502. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY.

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

     SEC. 1503. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

       Section 1204 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (6 U.S.C. 1102) is amended--
       (1) in subsection (c), by inserting ``to the extent 
     practicable, provide training in settings that simulate real 
     response environments, such as urban areas,'' after 
     ``levels,'';
       (2) in subsection (d), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) for the Center for Domestic Preparedness--

[[Page S3811]]

       ``(A) $63,939,000 for fiscal year 2018;
       ``(B) $64,962,024 for fiscal year 2019; and
       ``(C) $66,001,416 for fiscal year 2020; and
       ``(2) for the members of the National Domestic Preparedness 
     Consortium described in paragraphs (2) through (7) of 
     subsection (b)--
       ``(A) $101,000,000 for fiscal year 2018;
       ``(B) $102,606,000 for fiscal year 2019; and
       ``(C) $104,247,856 for fiscal year 2020.''; and
       (3) in subsection (e)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``each of the following entities'' and 
     inserting ``members of the National Domestic Preparedness 
     Consortium enumerated in subsection (b)''; and
       (ii) by striking ``2007--'' and inserting ``2015.'' and
       (B) by striking paragraphs (1) through (5).

     SEC. 1504. 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 
     (as defined in section 2 of the Homeland Security Act of 2002 
     (6 U.S.C. 101)) from rural communities (as defined by the 
     Federal Emergency Management Agency).
       (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. 1505. 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.), as amended by section 1420 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 530. 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 those organizations and components of the 
     Department for activities related to securing facilities, 
     emergency preparedness and response, and combating human 
     trafficking.
       ``(c) Responsibilities.--In support of the mission of the 
     Center for Faith-Based and Neighborhood Partnerships, the 
     Director shall--
       ``(1) develop exercises that engage faith-based and 
     community organizations to test capabilities for all hazards, 
     including active shooter incidents;
       ``(2) coordinate the delivery of guidance and training to 
     faith-based and community organizations related to securing 
     their facilities against natural disasters, acts of 
     terrorism, and other man-made disasters;
       ``(3) conduct outreach to faith-based and community 
     organizations regarding guidance, training, and exercises and 
     departmental capabilities available to assist faith-based and 
     community organizations to secure their facilities against 
     natural disasters, acts of terrorism, and other man-made 
     disasters;
       ``(4) facilitate engagement and coordination among the 
     emergency management community and faith-based and community 
     organizations;
       ``(5) deliver training and technical assistance to faith-
     based and community organizations and provide subject-matter 
     expertise related to anti-human trafficking efforts to help 
     communities successfully partner with other components of the 
     Blue Campaign of the Department; 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 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1420, is amended 
     by inserting after the item relating to section 529 the 
     following:

``Sec. 530. Center For Faith-Based And Neighborhood Partnerships.''.

     SEC. 1506. EMERGENCY SUPPORT FUNCTIONS.

       (a) Update.--Paragraph (14) of section 504(a) of the 
     Homeland Security Act of 2002 (6 U.S.C. 314(a)), as so 
     redesignated by section 1520, is amended by inserting ``, 
     periodically updating (but not less often than once every 5 
     years),'' after ``administering''.
       (b) Emergency Support Functions.--Section 653 of the Post-
     Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
     753) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(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 the 
     National Response Framework.''.

     SEC. 1507. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.

       Section 509(b)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 319(b)(2)) is amended, in the matter preceding 
     subparagraph (A), by inserting ``, but not less often than 
     once every 5 years,'' after ``periodically''.

     SEC. 1508. REMEDIAL ACTION MANAGEMENT PROGRAM.

       Section 650 of the Post-Katrina Emergency Management Reform 
     Act of 2006 (6 U.S.C. 750) 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 described 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--
       ``(1) utilize the program established under 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
       ``(2) not later than 1 year after the date of the enactment 
     of the FEMA Reauthorization Act of 2018 and annually 
     thereafter for each of the next 4 years, submit to Congress a 
     report on the status of those 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. 1509. CENTER FOR DOMESTIC PREPAREDNESS.

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

     SEC. 1510. 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 section 1505 of 
     this Act, is amended by adding at the end the following:

     ``SEC. 531. SENIOR LAW ENFORCEMENT ADVISOR.

       ``(a) Establishment.--The Administrator shall appoint 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, 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 (Public Law 107-
     296; 116 Stat. 2135), as amended by section 1505, is amended 
     by inserting after the item relating to section 530 the 
     following:


[[Page S3812]]


``Sec. 531. Senior Law Enforcement Advisor.''.

     SEC. 1511. TECHNICAL EXPERT AUTHORIZED.

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

     SEC. 1512. MISSION SUPPORT.

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

     SEC. 1513. STRATEGIC HUMAN CAPITAL PLAN.

       Section 10102(c) of title 5, United States Code, is amended 
     by striking ``2007'' and inserting ``2019''.

     SEC. 1514. OFFICE OF DISABILITY INTEGRATION AND COORDINATION 
                   OF DEPARTMENT OF HOMELAND SECURITY.

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

     ``SEC. 513. OFFICE OF DISABILITY INTEGRATION AND 
                   COORDINATION.

       ``(a) In General.--There is established within the Agency 
     an Office of Disability Integration and Coordination (in this 
     section referred to as the `Office'), 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 employees responsible for disability 
     integration in each regional office with respect to carrying 
     out the mission of the Office;
       ``(3) liaise with other employees of the Agency, including 
     nonpermanent employees, organizations representing 
     individuals with disabilities, other agencies of the Federal 
     Government, and State, local, and tribal government 
     authorities regarding the needs of individuals with 
     disabilities in emergency planning requirements and relief 
     efforts in the event of a natural disaster, act of terrorism, 
     or other man-made disaster;
       ``(4) coordinate with the technical expert on the needs of 
     children within the Agency to provide guidance and 
     coordination on matters related to children with disabilities 
     in emergency planning requirements and relief efforts in the 
     event of a natural disaster, act of terrorism, or other man-
     made disaster;
       ``(5) consult with organizations representing individuals 
     with disabilities about access and functional needs in 
     emergency planning requirements and relief efforts in the 
     event of a natural disaster, act of terrorism, or other man-
     made disaster;
       ``(6) ensure the coordination and dissemination of best 
     practices and model evacuation plans for individuals with 
     disabilities;
       ``(7) collaborate with Agency leadership responsible for 
     training to ensure that qualified experts develop easily 
     accessible training materials and a curriculum for the 
     training of emergency response providers, State, local, and 
     tribal government officials, and others on the needs of 
     individuals with disabilities;
       ``(8) coordinate with the Emergency Management Institute, 
     the Center for Domestic Preparedness, Center for Homeland 
     Defense and Security, the United States Fire Administration, 
     the national exercise program described in section 648(b) of 
     the Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 748(b)), and the National Domestic Preparedness 
     Consortium to ensure that content related to persons with 
     disabilities, access and functional needs, and children are 
     integrated into existing and future emergency management 
     trainings;
       ``(9) promote the accessibility of telephone hotlines and 
     websites regarding emergency preparedness, evacuations, and 
     disaster relief;
       ``(10) work to ensure that video programming distributors, 
     including broadcasters, cable operators, and satellite 
     television services, make emergency information accessible to 
     individuals with hearing and vision disabilities;
       ``(11) ensure the availability of accessible transportation 
     options for individuals with disabilities in the event of an 
     evacuation;
       ``(12) provide guidance and implement policies to ensure 
     that the rights and feedback of individuals with disabilities 
     regarding post-evacuation residency and relocation are 
     respected;
       ``(13) ensure that meeting the needs of individuals with 
     disabilities are included in the components of the national 
     preparedness system established under section 644 of the 
     Post-Katrina Emergency Management Reform Act of 2006 (6 
     U.S.C. 744); and
       ``(14) perform any other duties as assigned by the 
     Administrator.
       ``(d) Director.--After consultation with organizations 
     representing individuals with disabilities, the Administrator 
     shall appoint a Director. The Director shall report directly 
     to the Administrator, in order to ensure that the needs of 
     individuals with disabilities are being properly addressed in 
     emergency preparedness and disaster relief.
       ``(e) Organizations Representing Individuals With 
     Disabilities Defined.--For purposes of this section, the term 
     `organizations representing individuals with disabilities' 
     means the National Council on Disabilities, the Interagency 
     Coordinating Council on Preparedness and Individuals with 
     Disabilities, and other appropriate disability 
     organizations.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 513 and inserting the following:

``513. Office of Disability Integration and Coordination.''.
       (b) Report to Congress.--Not later than 120 days after the 
     date of the enactment of this Act, the Administrator of the 
     Federal Emergency Management Agency 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).

     SEC. 1515. MANAGEMENT COSTS.

       Section 324 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5165b) is amended--
       (1) in subsection (a), by striking ``any administrative 
     expense, and any other expense not directly chargeable to'' 
     and inserting ``direct administrative cost, and any other 
     administrative expense associated with''; and
       (2) in subsection (b)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) In general.--Notwithstanding'';
       (B) in paragraph (1), as so designated, by striking 
     ``establish'' and inserting ``implement''; and
       (C) by adding at the end the following:
       ``(2) Specific management costs.--The Administrator shall 
     provide for management costs, in addition to the eligible 
     project costs, to cover direct and indirect costs of 
     administering the following programs:
       ``(A) Hazard mitigation.--A grantee under section 404 may 
     be reimbursed for direct and indirect administrative costs in 
     a total amount of not more than 15 percent of the total 
     amount of the grant award under such section of which not 
     more than 10 percent

[[Page S3813]]

     may be used by the grantee and 5 percent by the subgrantee 
     for such costs.
       ``(B) Public assistance.--A grantee under sections 403, 
     406, 407, and 502 may be reimbursed direct and indirect 
     administrative costs in a total amount of not more than 12 
     percent of the total award amount under such sections, of 
     which not more than 7 percent may be used by the grantee and 
     5 percent by the subgrantee for such costs.''.

     SEC. 1516. PERFORMANCE OF SERVICES.

       Section 306 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5149) is amended by 
     adding at the end the following:
       ``(c) The Administrator of the Federal Emergency Management 
     Agency may appoint temporary personnel, after serving 
     continuously for 3 years, to positions in the Federal 
     Emergency Management Agency in the same manner that 
     competitive service employees with competitive status are 
     considered for transfer, reassignment, or promotion to such 
     positions. An individual appointed under this subsection 
     shall become a career-conditional employee, unless the 
     employee has already completed the service requirements for 
     career tenure.''.

     SEC. 1517. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION 
                   COLLECTION.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of the Federal Emergency Management 
     Agency shall--
       (1) in coordination with the Small Business Administration, 
     the Department of Housing and Urban Development, and other 
     appropriate agencies, conduct a study and develop a plan, 
     consistent with law, under which the collection of 
     information from disaster assistance applicants and grantees 
     will be modified, streamlined, expedited, consolidated, and 
     simplified to be less burdensome, duplicative, and time 
     consuming, and more efficient and flexible, for applicants 
     and grantees;
       (2) in coordination with the Small Business Administration, 
     the Department of Housing and Urban Development, and other 
     appropriate agencies, develop a plan for the regular 
     collection and reporting of information on Federal disaster 
     assistance awarded, including the establishment and 
     maintenance of a website for presenting the information to 
     the public; and
       (3) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate--
       (A) the plans developed under paragraphs (1) and (2); and
       (B) recommendations, if any, of the Administrator for 
     legislative changes to streamline or consolidate the 
     collection or reporting of information, as described in 
     paragraphs (1) and (2).

     SEC. 1518. AGENCY ACCOUNTABILITY.

       Title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 430. AGENCY ACCOUNTABILITY.

       ``(a) Public Assistance.--Not later than 5 days after the 
     date on which an award of a public assistance grant is made 
     under section 406 that is in excess of $1,000,000, the 
     Administrator of the Federal Emergency Management Agency 
     (referred to in this section as the `Administrator') shall 
     publish on the website of the Federal Emergency Management 
     Agency (referred to in this section as the `Agency') the 
     specifics of each such grant award, including identifying--
       ``(1) the Federal Emergency Management Agency Region;
       ``(2) the major disaster or emergency declaration number;
       ``(3) the State, county, and applicant name;
       ``(4) if the applicant is a private nonprofit organization;
       ``(5) the damage category code;
       ``(6) the amount of the Federal share obligated; and
       ``(7) the date of the award.
       ``(b) Mission Assignments.--
       ``(1) In general.--Not later than 5 days after the date on 
     which a mission assignment or mission assignment task order 
     is issued under section 402(1) or section 502(a)(1), the 
     Administrator shall publish on the website of the Agency any 
     mission assignment or mission assignment task order to 
     another Federal department or agency regarding a major 
     disaster in excess of $1,000,000, including--
       ``(A) the name of the impacted State or Indian tribe;
       ``(B) the major disaster declaration for such State or 
     Indian tribe;
       ``(C) the assigned agency;
       ``(D) the assistance requested;
       ``(E) a description of the major disaster;
       ``(F) the total cost estimate;
       ``(G) the amount obligated;
       ``(H) the State or tribal cost share, if applicable;
       ``(I) the authority under which the mission assignment or 
     mission assignment task order was directed; and
       ``(J) if applicable, the date on which a State or Indian 
     tribe requested the mission assignment.
       ``(2) Recording changes.--Not later than 10 days after the 
     last day of each month until a mission assignment or mission 
     assignment task order described in paragraph (1) is completed 
     and closed out, the Administrator shall update any changes to 
     the total cost estimate and the amount obligated.
       ``(c) Disaster Relief Monthly Report.--Not later than 10 
     days after the first day of each month, the Administrator 
     shall publish reports on the website of the Agency, including 
     a specific description of the methodology and the source data 
     used in developing such reports, including--
       ``(1) an estimate of the amounts for the fiscal year 
     covered by the President's most recent budget pursuant to 
     section 1105(a) of title 31, United States Code, including--
       ``(A) the unobligated balance of funds to be carried over 
     from the prior fiscal year to the budget year;
       ``(B) the unobligated balance of funds to be carried over 
     from the budget year to the year after the budget year;
       ``(C) the amount of obligations for noncatastrophic events 
     for the budget year;
       ``(D) the amount of obligations for the budget year for 
     catastrophic events, as defined under the National Response 
     Framework, delineated by event and by State;
       ``(E) the total amount that has been previously obligated 
     or will be required for catastrophic events delineated by 
     event and by State for all prior years, the current fiscal 
     year, the budget year, and each fiscal year thereafter;
       ``(F) the amount of previously obligated funds that will be 
     recovered for the budget year;
       ``(G) the amount that will be required for obligations for 
     emergencies, major disasters, fire management assistance 
     grants, as described in section 420, surge activities, and 
     disaster readiness and support activities; and
       ``(H) the amount required for activities not covered under 
     section 251(b)(2)(D)(iii) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(D)(iii));
       ``(2) a summary of the amount for disaster relief of--
       ``(A) appropriations made available by source;
       ``(B) the transfers executed;
       ``(C) the previously allocated funds recovered; and
       ``(D) the commitments, allocations, and obligations made;
       ``(3) a table of disaster relief activity delineated by 
     month, including--
       ``(A) the beginning and ending balances;
       ``(B) the total obligations to include amounts obligated 
     for fire assistance, emergencies, surge, and disaster support 
     activities;
       ``(C) the obligations for catastrophic events delineated by 
     event and by State; and
       ``(D) the amount of previously obligated funds that are 
     recovered;
       ``(4) a summary of allocations, obligations, and 
     expenditures for catastrophic events delineated by event;
       ``(5) the cost with respect to--
       ``(A) public assistance;
       ``(B) individual assistance;
       ``(C) mitigation;
       ``(D) administrative activities;
       ``(E) operations; and
       ``(F) any other relevant category (including emergency 
     measures and disaster resources) delineated by major 
     disaster; and
       ``(6) the date on which funds appropriated will be 
     exhausted.
       ``(d) Contracts.--
       ``(1) Information.--
       ``(A) In general.--Not later than 10 days after the first 
     day of each month, the Administrator shall publish on the 
     website of the Agency the specifics of each contract in 
     excess of $1,000,000 that the Agency enters into during the 
     previous month, including--
       ``(i) the name of the party;
       ``(ii) the date the contract was awarded;
       ``(iii) the amount and scope of the contract;
       ``(iv) if the contract was awarded through competitive 
     bidding process;
       ``(v) if no competitive bidding process was used, the 
     reason why competitive bidding was not used; and
       ``(vi) the authority used to bypass the competitive bidding 
     process.
       ``(B) Requirement.--The information required to be 
     published under subparagraph (A) shall be delineated by major 
     disaster, if applicable, and specify the damage category 
     code, if applicable.
       ``(2) Report.--Not later than 10 days after the last day of 
     the fiscal year, the Administrator shall provide a report to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives summarizing 
     the following information for the preceding fiscal year:
       ``(A) The number of contracts awarded without competitive 
     bidding.
       ``(B) The reasons why a competitive bidding process was not 
     used.
       ``(C) The total amount of contracts awarded with no 
     competitive bidding.
       ``(D) The damage category codes, if applicable, for 
     contracts awarded without competitive bidding.''.

     SEC. 1519. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD 
                   MITIGATION.

       (a) Predisaster Hazard Mitigation.--Section 203 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5133) is amended--
       (1) in subsection (c) by inserting ``Public 
     Infrastructure'' after ``the National'';
       (2) in subsection (e)(1)(B)--
       (A) in clause (ii), by striking ``or'' at the end;
       (B) in clause (iii), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(iv) to establish and carry out enforcement activities to 
     implement the latest published editions of relevant 
     consensus-based

[[Page S3814]]

     codes, specifications, and standards that incorporate the 
     latest hazard-resistant designs and establish minimum 
     acceptable criteria for the design, construction, and 
     maintenance of residential structures and facilities that may 
     be eligible for assistance under this Act for the purpose of 
     protecting the health, safety, and general welfare of the 
     buildings' users against disasters.'';
       (3) in subsection (f)--
       (A) in paragraph (1) by inserting ``for mitigation 
     activities that are cost effective'' after ``competitive 
     basis''; and
       (B) by adding at the end the following:
       ``(3) Redistribution of unobligated amounts.--The President 
     may--
       ``(A) withdraw amounts of financial assistance made 
     available to a State (including amounts made available to 
     local governments of a State) under this subsection that 
     remain unobligated by the end of the third fiscal year after 
     the fiscal year for which the amounts were allocated; and
       ``(B) in the fiscal year following a fiscal year in which 
     amounts were withdrawn under subparagraph (A), add the 
     amounts to any other amounts available to be awarded on a 
     competitive basis pursuant to paragraph (1).'';
       (4) in subsection (g), in the matter preceding paragraph 
     (1), by inserting ``provide financial assistance only in 
     States that have received a major disaster declaration during 
     the previous 7-year period and'' after ``President shall'';
       (5) by striking subsection (i) and inserting the following:
       ``(i) National Public Infrastructure Predisaster Mitigation 
     Assistance.--
       ``(1) In general.--The President may set aside from the 
     Disaster Relief Fund, with respect to each major disaster, an 
     amount equal to 6 percent of the estimated aggregate amount 
     of the grants to be made pursuant to sections 403, 406, 407, 
     408, 410, and 416 for the major disaster in order to provide 
     technical and financial assistance under this section.
       ``(2) Estimated aggregate amount.--Not later than 180 days 
     after each major disaster declaration pursuant to this Act, 
     the estimated aggregate amount of grants for purposes of 
     paragraph (1) shall be determined by the President and such 
     estimated amount need not be reduced, increased, or changed 
     due to variations in estimates.
       ``(3) No reduction in amounts.--The amount set aside 
     pursuant to paragraph (1) shall not reduce the amounts 
     otherwise made available for sections 403, 404, 406, 407, 
     408, 410, and 416 under this Act.'';
       (6) by striking subsections (j) and (m); and
       (7) by redesignating subsections (k), (l), and (n) as 
     subsections (j), (k), and (l), respectively.
       (b) Applicability.--The amendments made to section 203 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5133) by paragraphs (3) and (5) of 
     subsection (a) of this Act shall apply to funds appropriated 
     after the date of enactment of this Act.
       (c) Report.--
       (1) Definitions.--In this subsection--
       (A) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (B) the term ``appropriate committees of Congress'' means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (ii) the Committee on Appropriations of the Senate;
       (iii) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (iv) the Committee on Appropriations of the House of 
     Representatives; and
       (C) the term ``public assistance grant program'' means the 
     public assistance grant program authorized under sections 
     403, 406, 407, 418, 419, 428, and 502(a) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170b, 5172, 5173, 5185, 5186, 5189f, and 5192(a)).
       (2) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report detailing the 
     implications of the amendments made by subsection (a) on the 
     fiscal health of the Disaster Relief Fund, including--
       (A) a justification, cost-benefit analysis, and impact 
     statement of the percentage utilized to fund the amendments;
       (B) an assessment of the extent to which the extra spending 
     could place stress on the Disaster Relief Fund, as calculated 
     under section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 2985 (2 U.S.C. 
     901(b)(2)(D)), increase the pace of spending, and impact 
     whether supplemental funding would be required more 
     frequently to deal with future major disasters declared under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170);
       (C) an expenditure plan detailing--
       (i) anticipated application guidelines for grantees;
       (ii) a period of performance schedule;
       (iii) anticipated project life cycle costs and expected 
     expenditure rates;
       (iv) planning requirements for grantees;
       (v) a program schedule to ensure that the annual fund 
     carryover does not exceed $100,000,000; and
       (vi) a program review and investigation schedule to prevent 
     waste, fraud, and abuse;
       (D) an assessment of how the amendments could be 
     implemented to encourage mitigation that addresses risks to 
     the most costly disaster impacts in order to reduce--
       (i) impacts on the Disaster Relief Fund and the public 
     assistance grant program, in particular grants to mitigate 
     damage to infrastructure and buildings; and
       (ii) Federal expenditures for future major disasters 
     declared under section 401 the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170); and
       (E) an assessment of the appropriate balance of 
     expenditures under section 203(i) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5133(i)), as amended by subsection (a), for planning and for 
     projects; and
       (F) the strategy by which project will be weighted and 
     applications assessed to include repetitive loss, location, 
     elevation, overall risk, and the ability for a grantee to 
     make complementary investments in other mitigation efforts.

     SEC. 1520. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY 
                   MANAGEMENT.

       (a) Homeland Security Act of 2002.--The Homeland Security 
     Act of 2002 (6 U.S.C. 101 et seq.) is amended--
       (1) in section 501(8) (6 U.S.C. 311(8))--
       (A) by striking ``National Response Plan'' each place the 
     term 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(b)(2)(A)) 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 ``(which shall include incidents impacting critical 
     infrastructure), including--'';
       (B) in paragraph (4) by inserting ``, including incidents 
     impacting critical infrastructure'' before the semicolon;
       (C) in paragraph (5) by striking ``and local'' and 
     inserting ``local, and tribal'';
       (D) in paragraph (6) by striking ``national response plan'' 
     and inserting ``national response framework, which shall be 
     reviewed and updated as required but not less than every 5 
     years'';
       (E) by redesignating paragraphs (7) through (21) as 
     paragraphs (8) through (22), respectively;
       (F) by inserting after paragraph (6) the following:
       ``(7) developing integrated frameworks, to include 
     consolidating existing Government plans addressing 
     prevention, protection, mitigation, and recovery with such 
     frameworks reviewed and updated as required, but not less 
     than every 5 years;''; and
       (G) in paragraph (14), as redesignated, by striking 
     ``National Response Plan'' each place the term 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 the term appears and inserting ``National 
     Response Framework''; and
       (B) in subsection (c)(1)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``National 
     response plan'' and inserting ``National response 
     framework''; and
       (II) by striking ``National Response Plan'' 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 the term appears and inserting ``, 
     local, and tribal'';
       (9) by striking section 524 (6 U.S.C. 321m);
       (10) in section 525 (6 U.S.C. 321n), by striking 
     ``Secretary'' each place it appears and inserting 
     ``Administrator''; and

[[Page S3815]]

       (11) in section 706(b)(1), as redesignated by section 1142 
     of this Act, by striking ``National Response Plan'' and 
     inserting ``National Response Framework''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 524.
       (c) 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--
       (A) by striking ``National Response Plan'' each place the 
     term appears and inserting ``National Response Framework''; 
     and
       (B) 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 the term appears and inserting 
     ``National Response Framework''.
       (d) Public Health Service Act.--Section 2801(a) of the 
     Public Health Service Act (42 U.S.C. 300hh(a)) is amended by 
     striking ``the National Response Plan developed pursuant to 
     section 502(6) of the Homeland Security Act of 2002'' and 
     inserting ``the National Response Framework developed 
     pursuant to section 504(a)(6) of the Homeland Security Act of 
     2002 (2 U.S.C. 314(a)(6))''.
       (e) Defense Against Weapons of Mass Destruction Act of 
     1996.--Section 1414(b) of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2314(b)) is amended, in 
     the first sentence, by striking ``National Response Plan 
     prepared pursuant to section 502(6) of the Homeland Security 
     Act of 2002 (6 U.S.C. 312(6))'' and inserting ``National 
     Response Framework prepared pursuant to section 504(a)(6) of 
     the Homeland Security Act of 2002 (6 U.S.C. 314(a)(6))''
       (f) Savings Clause.--The amendments made by subsection (a) 
     to section 503(b)(2)(A) and paragraphs (3) and (4) of section 
     504(a) of the Homeland Security Act of 2002 shall not be 
     construed as affecting the authority, existing on the day 
     before the date of enactment of this Act, of any other 
     component of the Department of Homeland Security or any other 
     Federal department or agency.

     SEC. 1521. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                   SUBCOMMITTEE.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Agency;
       (2) the term ``Agency'' means the Federal Emergency 
     Management Agency;
       (3) the term ``public alert and warning system'' means the 
     integrated public alert and warning system of the United 
     States described in section 526 of the Homeland Security Act 
     of 2002 (6 U.S.C. 321o); and
       (4) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States.
       (b) Integrated Public Alert and Warning System 
     Subcommittee.--Section 2 of the Integrated Public Alert and 
     Warning System Modernization Act of 2015 (Public Law 114-143; 
     130 Stat. 327) is amended--
       (1) in subsection (b)--
       (A) in paragraph (6)(B)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) in clause (ii)(VII), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) recommendations for best practices of State, 
     tribal, and local governments to follow to maintain the 
     integrity of the public alert and warning system, including--

       ``(I) the procedures for State, tribal, and local 
     government officials to authenticate civil emergencies and 
     initiate, modify, and cancel alerts transmitted through the 
     public alert and warning system, including protocols and 
     technology capabilities for--

       ``(aa) the initiation, or prohibition on the initiation, of 
     alerts by a single authorized or unauthorized individual; and
       ``(bb) testing a State, tribal, or local government 
     incident management and warning tool without accidentally 
     initiating an alert through the public alert and warning 
     system;

       ``(II) the standardization, functionality, and 
     interoperability of incident management and warning tools 
     used by State, tribal, and local governments to notify the 
     public of an emergency through the public alert and warning 
     system;
       ``(III) the training and recertification of emergency 
     management personnel on best practices for originating and 
     transmitting an alert through the public alert and warning 
     system; and
       ``(IV) the procedures, protocols, and guidance concerning 
     the protective action plans that State, tribal, and local 
     governments should issue to the public following an alert 
     issued under the public alert and warning system.'';

       (B) in paragraph (7)--
       (i) in subparagraph (A)--

       (I) by striking ``Not later than'' and inserting the 
     following:

       ``(i) Initial report.--Not later than'';

       (II) in clause (i), as so designated, by striking 
     ``paragraph (6)'' and inserting ``clauses (i) and (ii) of 
     paragraph (6)(B)''; and
       (III) by adding at the end the following:

       ``(ii) Second report.--Not later than 18 months after the 
     date of enactment of the Department of Homeland Security 
     Authorization Act, the Subcommittee shall submit to the 
     National Advisory Council a report containing any 
     recommendations required to be developed under paragraph 
     (6)(B)(iii) for approval by the National Advisory Council.''; 
     and
       (ii) in subparagraph (B), by striking ``report'' each place 
     that term appears and inserting ``reports''; and
       (C) in paragraph (8), by striking ``3'' and inserting 
     ``5''; and
       (2) in subsection (c), by striking ``and 2018'' and 
     inserting ``2018, 2019, 2020, and 2021''.
       (c) Integrated Public Alert and Warning System 
     Participatory Requirements.--The Administrator shall--
       (1) consider the recommendations submitted by the 
     Integrated Public Alert and Warning System Subcommittee to 
     the National Advisory Council under section 2(b)(7) of the 
     Integrated Public Alert and Warning System Modernization Act 
     of 2015 (Public Law 114-143; 130 Stat. 331), as amended by 
     subsection (b) of this Act; and
       (2) not later than 120 days after the date on which the 
     recommendations described in paragraph (1) are submitted, 
     establish minimum requirements for State, tribal, and local 
     governments to participate in the public alert and warning 
     system consistent with all public notice rules and 
     regulations.
       (d) Incident Management and Warning Tool Validation.--
       (1) In general.--The Administrator shall establish a 
     process to ensure that an incident management and warning 
     tool used by a State, tribal, or local government to 
     originate and transmit an alert through the public alert and 
     warning system meets the minimum requirements established by 
     the Administrator under subsection (c)(2).
       (2) Requirements.--The process required to be established 
     under paragraph (1) shall include--
       (A) the ability to test an incident management and warning 
     tool in the public alert and warning system lab;
       (B) the ability to certify that an incident management and 
     warning tool complies with the applicable cyber frameworks of 
     the Department of Homeland Security and the National 
     Institute of Standards and Technology;
       (C) a process to certify developers of emergency management 
     software; and
       (D) requiring developers to provide the Administrator with 
     a copy of and rights of use for ongoing testing of each 
     version of incident management and warning tool software 
     before the software is first used by a State, tribal, or 
     local government.
       (e) Review and Update of Memoranda of Understanding.--
       (1) In general.--The Administrator shall review the 
     memoranda of understanding between the Agency and State, 
     tribal, and local governments with respect to the public 
     alert and warning system to ensure that all agreements ensure 
     compliance with any minimum requirements established by the 
     Administrator under subsection (c)(2).
       (2) Future memoranda.--The Administrator shall ensure that 
     any new memorandum of understanding entered into between the 
     Agency and a State, tribal, or local government on or after 
     the date of enactment of this Act with respect to the public 
     alert and warning system ensures that the agreement requires 
     compliance with any minimum requirements established by the 
     Administrator under subsection (c)(2).
       (f) Missile Alert and Warning Authorities.--
       (1) In general.--
       (A) Authority.--Beginning on the date that is 120 days 
     after the date of enactment of this Act, the authority to 
     originate an alert warning the public of a missile launch 
     directed against a State using the public alert and warning 
     system shall reside primarily with the Federal Government.
       (B) Delegation of authority.--The Secretary of Homeland 
     Security may delegate to a State, tribal, or local entity the 
     authority described in subparagraph (A), if, not later than 
     60 days after the end of the 120-day period described in 
     subparagraph (A), the Secretary of Homeland Security reports 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives that--
       (i) it is not feasible for the Federal government to alert 
     the public of a missile threat against a State; or
       (ii) it is not in the national security interest of the 
     United States for the Federal government to alert the public 
     of a missile threat against a State.
       (C) Activation of system.--Upon verification of a missile 
     threat, the President, utilizing established authorities, 
     protocols, and procedures, may activate the public alert and 
     warning system.
       (2) Required processes.--The Secretary of Homeland 
     Security, acting through the Administrator, shall establish a 
     process to promptly notify a State warning point, and any 
     State entities that the Administrator determines appropriate, 
     of follow-up actions to a missile launch alert so the State 
     may take appropriate action to protect the health, safety, 
     and welfare of the residents of the State following the 
     issuance of an alert described in paragraph (1)(A) for that 
     State.
       (3) Guidance.--The Secretary of Homeland Security, acting 
     through the Administrator, shall work with the Governor of a 
     State

[[Page S3816]]

     warning point to develop and implement appropriate protective 
     action plans to respond to an alert described in paragraph 
     (1)(A) for that State.
       (4) Study and report.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary of Homeland Security 
     shall--
       (A) examine the feasibility of establishing an alert 
     designation under the public alert and warning system that 
     would be used to alert and warn the public of a missile 
     threat while concurrently alerting a State warning point so 
     that a State may activate related protective action plans; 
     and
       (B) submit a report of the findings under subparagraph (A), 
     including of the costs and timeline for taking action to 
     implement an alert designation described in paragraph (1), 
     to--
       (i) the Subcommittee on Homeland Security of the Committee 
     on Appropriations of the Senate;
       (ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (iii) the Subcommittee on Homeland Security of the 
     Committee on Appropriations of the House of Representatives; 
     and
       (iv) the Committee on Homeland Security of the House of 
     Representatives.
       (g) Awareness of Alerts and Warnings.--Not later than 1 
     year after the date of enactment of this Act, the 
     Administrator shall--
       (1) conduct a review of--
       (A) the Emergency Operations Center of the Agency; and
       (B) the National Watch Center and each Regional Watch 
     Center of the Agency; and
       (2) 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 on 
     the review conducted under paragraph (1), which shall 
     include--
       (A) an assessment of the technical capability of the 
     Emergency Operations Center and the National and Regional 
     Watch Centers described in paragraph (1) to be notified of 
     alerts and warnings issued by a State through the public 
     alert and warning system;
       (B) a determination of which State alerts and warnings the 
     Emergency Operations Center and the National and Regional 
     Watch Centers described in paragraph (1) should be aware of; 
     and
       (C) recommendations for improving the ability of the 
     National and Regional Watch Centers described in paragraph 
     (1) to receive any State alerts and warnings that the 
     Administrator determines are appropriate.
       (h) Timeline for Compliance.--Each State shall be given a 
     reasonable amount of time to comply with any new rules, 
     regulations, or requirements imposed under this section or 
     the amendments made by this section.

       TITLE VI--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

     SEC. 1601. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by adding at the end the 
     following:

     ``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

        ``Subtitle A--Cybersecurity and Infrastructure Security

     ``SEC. 2201. DEFINITIONS.

       ``In this subtitle:
       ``(1) Critical infrastructure information.--The term 
     `critical infrastructure information' has the meaning given 
     the term in section 2222.
       ``(2) Cybersecurity risk.--The term `cybersecurity risk' 
     has the meaning given the term in section 2209.
       ``(3) Cybersecurity threat.--The term `cybersecurity 
     threat' has the meaning given the term in section 102(5) of 
     the Cybersecurity Act of 2015 (contained in division N of the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 
     U.S.C. 1501)).
       ``(4) National cybersecurity asset response activities.--
     The term `national cybersecurity asset response activities' 
     means--
       ``(A) furnishing cybersecurity technical assistance to 
     entities affected by cybersecurity risks to protect assets, 
     mitigate vulnerabilities, and reduce impacts of cyber 
     incidents;
       ``(B) identifying other entities that may be at risk of an 
     incident and assessing risk to the same or similar 
     vulnerabilities;
       ``(C) assessing potential cybersecurity risks to a sector 
     or region, including potential cascading effects, and 
     developing courses of action to mitigate such risks;
       ``(D) facilitating information sharing and operational 
     coordination with threat response; and
       ``(E) providing guidance on how best to utilize Federal 
     resources and capabilities in a timely, effective manner to 
     speed recovery from cybersecurity risks.
       ``(5) Sector-specific agency.--The term `Sector-Specific 
     Agency' means a Federal department or agency, designated by 
     law or presidential directive, with responsibility for 
     providing institutional knowledge and specialized expertise 
     of a sector, as well as leading, facilitating, or supporting 
     programs and associated activities of its designated critical 
     infrastructure sector in the all hazards environment in 
     coordination with the Department.
       ``(6) Sharing.--The term `sharing' has the meaning given 
     the term in section 2209.

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

       ``(a) Redesignation.--
       ``(1) In general.--The National Protection and Programs 
     Directorate of the Department shall, on and after the date of 
     the enactment of this subtitle, be known as the 
     `Cybersecurity and Infrastructure Security Agency' (in this 
     subtitle referred to as the `Agency').
       ``(2) References.--Any reference to the National Protection 
     and Programs Directorate of the Department in any law, 
     regulation, map, document, record, or other paper of the 
     United States shall be deemed to be a reference to the 
     Cybersecurity and Infrastructure Security Agency of the 
     Department.
       ``(b) Director.--
       ``(1) In general.--The Agency shall be headed by a Director 
     of Cybersecurity and Infrastructure Security (in this 
     subtitle referred to as the `Director'), who shall report to 
     the Secretary.
       ``(2) Reference.--Any reference to an Under Secretary 
     responsible for overseeing critical infrastructure 
     protection, cybersecurity, and any other related program of 
     the Department as described in section 103(a)(1)(H) as in 
     effect on the day before the date of enactment of this 
     subtitle in any law, regulation, map, document, record, or 
     other paper of the United States shall be deemed to be a 
     reference to the Director of Cybersecurity and Infrastructure 
     Security of the Department.
       ``(c) Responsibilities.--The Director shall--
       ``(1) lead cybersecurity and critical infrastructure 
     security programs, operations, and associated policy for the 
     Agency, including national cybersecurity asset response 
     activities;
       ``(2) coordinate with Federal entities, including Sector-
     Specific Agencies, and non-Federal entities, including 
     international entities, to carry out the cybersecurity and 
     critical infrastructure activities of the Agency, as 
     appropriate;
       ``(3) carry out the responsibilities of the Secretary to 
     secure Federal information and information systems consistent 
     with law, including subchapter II of chapter 35 of title 44, 
     United States Code, and the Cybersecurity Act of 2015 
     (contained in division N of the Consolidated Appropriations 
     Act, 2016 (Public Law 114-113));
       ``(4) coordinate a national effort to secure and protect 
     against critical infrastructure risks, consistent with 
     subsection (e)(1)(E);
       ``(5) oversee the EMP and GMD planning and protection and 
     preparedness activities of the Agency;
       ``(6) upon request, provide analyses, expertise, and other 
     technical assistance to critical infrastructure owners and 
     operators and, where appropriate, provide those analyses, 
     expertise, and other technical assistance in coordination 
     with Sector-Specific Agencies and other Federal departments 
     and agencies;
       ``(7) develop and utilize mechanisms for active and 
     frequent collaboration between the Agency and Sector-Specific 
     Agencies to ensure appropriate coordination, situational 
     awareness, and communications with Sector-Specific Agencies;
       ``(8) maintain and utilize mechanisms for the regular and 
     ongoing consultation and collaboration among the Divisions of 
     the Agency to further operational coordination, integrated 
     situational awareness, and improved integration across the 
     Agency in accordance with this Act;
       ``(9) develop, coordinate, and implement--
       ``(A) comprehensive strategic plans for the activities of 
     the Agency; and
       ``(B) risk assessments by and for the Agency;
       ``(10) carry out emergency communications responsibilities, 
     in accordance with title XVIII;
       ``(11) carry out cybersecurity, infrastructure security, 
     and emergency communications stakeholder outreach and 
     engagement and coordinate that outreach and engagement with 
     critical infrastructure Sector-Specific Agencies, as 
     appropriate;
       ``(12) oversee an integrated analytical approach to 
     physical and cyber infrastructure analysis; and
       ``(13) carry out such other duties and powers prescribed by 
     law or delegated by the Secretary.
       ``(d) Deputy Director.--There shall be in the Agency a 
     Deputy Director of Cybersecurity and Infrastructure Security 
     who shall--
       ``(1) assist the Director in the management of the Agency; 
     and
       ``(2) report to the Director.
       ``(e) Cybersecurity and Infrastructure Security Authorities 
     of the Secretary.--
       ``(1) In general.--The responsibilities of the Secretary 
     relating to cybersecurity and infrastructure security shall 
     include the following:
       ``(A) To access, receive, and analyze law enforcement 
     information, intelligence information, and other information 
     from Federal Government agencies, State, local, tribal, and 
     territorial government agencies, including law enforcement 
     agencies, and private sector entities, and to integrate that 
     information, in support of the mission responsibilities of 
     the Department, in order to--
       ``(i) identify and assess the nature and scope of terrorist 
     threats to the homeland;
       ``(ii) detect and identify threats of terrorism against the 
     United States; and
       ``(iii) understand those threats in light of actual and 
     potential vulnerabilities of the homeland.
       ``(B) To carry out comprehensive assessments of the 
     vulnerabilities of the key resources and critical 
     infrastructure of the United States, including the 
     performance of risk assessments to determine the risks posed 
     by particular types of terrorist attacks

[[Page S3817]]

     within the United States, including an assessment of the 
     probability of success of those attacks and the feasibility 
     and potential efficacy of various countermeasures to those 
     attacks. At the discretion of the Secretary, such assessments 
     may be carried out in coordination with Sector-Specific 
     Agencies.
       ``(C) To integrate relevant information, analysis, and 
     vulnerability assessments, regardless of whether the 
     information, analysis, or assessments are provided or 
     produced by the Department, in order to make recommendations, 
     including prioritization, for protective and support measures 
     by the Department, other Federal Government agencies, State, 
     local, tribal, and territorial government agencies and 
     authorities, the private sector, and other entities regarding 
     terrorist and other threats to homeland security.
       ``(D) To ensure, pursuant to section 202, the timely and 
     efficient access by the Department to all information 
     necessary to discharge the responsibilities under this title, 
     including obtaining that information from other Federal 
     Government agencies.
       ``(E) To develop, in coordination with the Sector-Specific 
     Agencies with available expertise, a comprehensive national 
     plan for securing the key resources and critical 
     infrastructure of the United States, including power 
     production, generation, and distribution systems, information 
     technology and telecommunications systems (including 
     satellites), electronic financial and property record storage 
     and transmission systems, emergency communications systems, 
     and the physical and technological assets that support those 
     systems.
       ``(F) To recommend measures necessary to protect the key 
     resources and critical infrastructure of the United States in 
     coordination with other Federal Government agencies, 
     including Sector-Specific Agencies, and in cooperation with 
     State, local, tribal, and territorial government agencies and 
     authorities, the private sector, and other entities.
       ``(G) To review, analyze, and make recommendations for 
     improvements to the policies and procedures governing the 
     sharing of information relating to homeland security within 
     the Federal Government and between Federal Government 
     agencies and State, local, tribal, and territorial government 
     agencies and authorities.
       ``(H) To disseminate, as appropriate, information analyzed 
     by the Department within the Department to other Federal 
     Government agencies with responsibilities relating to 
     homeland security and to State, local, tribal, and 
     territorial government agencies and private sector entities 
     with those responsibilities in order to assist in the 
     deterrence, prevention, or preemption of, or response to, 
     terrorist attacks against the United States.
       ``(I) To consult with State, local, tribal, and territorial 
     government agencies and private sector entities to ensure 
     appropriate exchanges of information, including law 
     enforcement-related information, relating to threats of 
     terrorism against the United States.
       ``(J) To ensure that any material received pursuant to this 
     Act is protected from unauthorized disclosure and handled and 
     used only for the performance of official duties.
       ``(K) To request additional information from other Federal 
     Government agencies, State, local, tribal, and territorial 
     government agencies, and the private sector relating to 
     threats of terrorism in the United States, or relating to 
     other areas of responsibility assigned by the Secretary, 
     including the entry into cooperative agreements through the 
     Secretary to obtain that information.
       ``(L) To establish and utilize, in conjunction with the 
     Chief Information Officer of the Department, a secure 
     communications and information technology infrastructure, 
     including data-mining and other advanced analytical tools, in 
     order to access, receive, and analyze data and information in 
     furtherance of the responsibilities under this section, and 
     to disseminate information acquired and analyzed by the 
     Department, as appropriate.
       ``(M) To coordinate training and other support to the 
     elements and personnel of the Department, other Federal 
     Government agencies, and State, local, tribal, and 
     territorial government agencies that provide information to 
     the Department, or are consumers of information provided by 
     the Department, in order to facilitate the identification and 
     sharing of information revealed in their ordinary duties and 
     the optimal utilization of information received from the 
     Department.
       ``(N) To coordinate with Federal, State, local, tribal, and 
     territorial law enforcement agencies, and the private sector, 
     as appropriate.
       ``(O) To exercise the authorities and oversight of the 
     functions, personnel, assets, and liabilities of those 
     components transferred to the Department pursuant to section 
     201(g).
       ``(P) To carry out the functions of the national 
     cybersecurity and communications integration center under 
     section 2209.
       ``(Q) To carry out the requirements of the Chemical 
     Facility Anti-Terrorism Standards Program established under 
     title XXI and the secure handling of ammonium nitrate program 
     established under subtitle J of title VIII, or any successor 
     programs.
       ``(2) Reallocation.--The Secretary may reallocate within 
     the Agency the functions specified in sections 2203(b) and 
     2204(b), consistent with the responsibilities provided in 
     paragraph (1), upon certifying to and briefing the 
     appropriate congressional committees, and making available to 
     the public, not less than 60 days before the reallocation 
     that the reallocation is necessary for carrying out the 
     activities of the Agency.
       ``(3) Staff.--
       ``(A) In general.--The Secretary shall provide the Agency 
     with a staff of analysts having appropriate expertise and 
     experience to assist the Agency in discharging the 
     responsibilities of the Agency under this section.
       ``(B) Private sector analysts.--Analysts under this 
     subsection may include analysts from the private sector.
       ``(C) Security clearances.--Analysts under this subsection 
     shall possess security clearances appropriate for their work 
     under this section.
       ``(4) Detail of personnel.--
       ``(A) In general.--In order to assist the Agency in 
     discharging the responsibilities of the Agency under this 
     section, personnel of the Federal agencies described in 
     subparagraph (B) may be detailed to the Agency for the 
     performance of analytic functions and related duties.
       ``(B) Agencies.--The Federal agencies described in this 
     subparagraph are--
       ``(i) the Department of State;
       ``(ii) the Central Intelligence Agency;
       ``(iii) the Federal Bureau of Investigation;
       ``(iv) the National Security Agency;
       ``(v) the National Geospatial-Intelligence Agency;
       ``(vi) the Defense Intelligence Agency;
       ``(vii) Sector-Specific Agencies; and
       ``(viii) any other agency of the Federal Government that 
     the President considers appropriate.
       ``(C) Interagency agreements.--The Secretary and the head 
     of a Federal agency described in subparagraph (B) may enter 
     into agreements for the purpose of detailing personnel under 
     this paragraph.
       ``(D) Basis.--The detail of personnel under this paragraph 
     may be on a reimbursable or non-reimbursable basis.
       ``(f) Composition.--The Agency shall be composed of the 
     following divisions:
       ``(1) The Cybersecurity Division, headed by an Assistant 
     Director.
       ``(2) The Infrastructure Security Division, headed by an 
     Assistant Director.
       ``(3) The Emergency Communications Division under title 
     XVIII, headed by an Assistant Director.
       ``(g) Co-location.--
       ``(1) In general.--To the maximum extent practicable, the 
     Director shall examine the establishment of central locations 
     in geographical regions with a significant Agency presence.
       ``(2) Coordination.--When establishing the central 
     locations described in paragraph (1), the Director shall 
     coordinate with component heads and the Under Secretary for 
     Management to co-locate or partner on any new real property 
     leases, renewing any occupancy agreements for existing 
     leases, or agreeing to extend or newly occupy any Federal 
     space or new construction.
       ``(h) Privacy.--
       ``(1) In general.--There shall be a Privacy Officer of the 
     Agency with primary responsibility for privacy policy and 
     compliance for the Agency.
       ``(2) Responsibilities.--The responsibilities of the 
     Privacy Officer of the Agency shall include--
       ``(A) ensuring that the use of technologies by the Agency 
     sustain, and do not erode, privacy protections relating to 
     the use, collection, and disclosure of personal information;
       ``(B) ensuring that personal information contained in 
     systems of records of the Agency is handled in full 
     compliance as specified in section 552a of title 5, United 
     States Code (commonly known as the `Privacy Act of 1974');
       ``(C) evaluating legislative and regulatory proposals 
     involving collection, use, and disclosure of personal 
     information by the Agency; and
       ``(D) conducting a privacy impact assessment of proposed 
     rules of the Agency on the privacy of personal information, 
     including the type of personal information collected and the 
     number of people affected.
       ``(i) Savings.--Nothing in this title may be construed as 
     affecting in any manner the authority, existing on the day 
     before the date of enactment of this title, of any other 
     component of the Department or any other Federal department 
     or agency.

     ``SEC. 2203. CYBERSECURITY DIVISION.

       ``(a) Establishment.--
       ``(1) In general.--There is established in the Agency a 
     Cybersecurity Division.
       ``(2) Assistant director.--The Cybersecurity Division shall 
     be headed by an Assistant Director for Cybersecurity (in this 
     section referred to as the `Assistant Director'), who shall--
       ``(A) be at the level of Assistant Secretary within the 
     Department;
       ``(B) be appointed by the President without the advice and 
     consent of the Senate; and
       ``(C) report to the Director.
       ``(3) Reference.--Any reference to the Assistant Secretary 
     for Cybersecurity and Communications in any law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed to be a reference to the Assistant Director 
     for Cybersecurity.
       ``(b) Functions.--The Assistant Director shall--
       ``(1) direct the cybersecurity efforts of the Agency;

[[Page S3818]]

       ``(2) carry out activities, at the direction of the 
     Director, related to the security of Federal information and 
     Federal information systems consistent with law, including 
     subchapter II of chapter 35 of title 44, United States Code, 
     and the Cybersecurity Act of 2015 (contained in division N of 
     the Consolidated Appropriations Act, 2016 (Public Law 114-
     113));
       ``(3) fully participate in the mechanisms required under 
     section 2202(c)(7); and
       ``(4) carry out such other duties and powers as prescribed 
     by the Director.

     ``SEC. 2204. INFRASTRUCTURE SECURITY DIVISION.

       ``(a) Establishment.--
       ``(1) In general.--There is established in the Agency an 
     Infrastructure Security Division.
       ``(2) Assistant director.--The Infrastructure Security 
     Division shall be headed by an Assistant Director for 
     Infrastructure Security (in this section referred to as the 
     `Assistant Director'), who shall--
       ``(A) be at the level of Assistant Secretary within the 
     Department;
       ``(B) be appointed by the President without the advice and 
     consent of the Senate; and
       ``(C) report to the Director.
       ``(3) Reference.--Any reference to the Assistant Secretary 
     for Infrastructure Protection in any law, regulation, map, 
     document, record, or other paper of the United States shall 
     be deemed to be a reference to the Assistant Director for 
     Infrastructure Security.
       ``(b) Functions.--The Assistant Director shall--
       ``(1) direct the critical infrastructure security efforts 
     of the Agency;
       ``(2) carry out, at the direction of the Director, the 
     Chemical Facilities Anti-Terrorism Standards Program 
     established under title XXI and the secure handling of 
     ammonium nitrate program established under subtitle J of 
     title VIII, or any successor programs;
       ``(3) fully participate in the mechanisms required under 
     section 2202(c)(7); and
       ``(4) carry out such other duties and powers as prescribed 
     by the Director.''.
       (b) Treatment of Certain Positions.--
       (1) Under secretary.--The individual serving as the Under 
     Secretary appointed pursuant to section 103(a)(1)(H) of the 
     Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) of the 
     Department of Homeland Security on the day before the date of 
     enactment of this Act may continue to serve as the Director 
     of Cybersecurity and Infrastructure Security of the 
     Department on and after such date.
       (2) Director for emergency communications.--The individual 
     serving as the Director for Emergency Communications of the 
     Department of Homeland Security on the day before the date of 
     enactment of this Act may continue to serve as the Assistant 
     Director for Emergency Communications of the Department on 
     and after such date.
       (3) Assistant secretary for cybersecurity and 
     communications.--The individual serving as the Assistant 
     Secretary for Cybersecurity and Communications on the day 
     before the date of enactment of this Act may continue to 
     serve as the Assistant Director for Cybersecurity on and 
     after such date.
       (4) Assistant secretary for infrastructure protection.--The 
     individual serving as the Assistant Secretary for 
     Infrastructure Protection on the day before the date of 
     enactment of this Act may continue to serve as the Assistant 
     Director for Infrastructure Security on and after such date.
       (c) Reference.--Any reference to--
       (1) the Office of Emergency Communications in any law, 
     regulation, map, document, record, or other paper of the 
     United States shall be deemed to be a reference to the 
     Emergency Communications Division; and
       (2) the Director for Emergency Communications in any law, 
     regulation, map, document, record, or other paper of the 
     United States shall be deemed to be a reference to the 
     Assistant Director for Emergency Communications.
       (d) Oversight.--The Director of Cybersecurity and 
     Infrastructure Security of the Department of Homeland 
     Security shall provide to Congress, in accordance with the 
     deadlines specified in paragraphs (1) through (6), 
     information on the following:
       (1) Not later than 60 days after the date of enactment of 
     this Act, a briefing on the activities of the Agency relating 
     to the development and use of the mechanisms required 
     pursuant to section 2202(c)(7) of the Homeland Security Act 
     of 2002 (as added by subsection (a)).
       (2) Not later than 1 year after the date of the enactment 
     of this Act, a briefing on the activities of the Agency 
     relating to the use and improvement by the Agency of the 
     mechanisms required pursuant to section 2202(c)(7) of the 
     Homeland Security Act of 2002 and how such activities have 
     impacted coordination, situational awareness, and 
     communications with Sector-Specific Agencies.
       (3) Not later than 90 days after the date of the enactment 
     of this Act, information on the mechanisms of the Agency for 
     regular and ongoing consultation and collaboration, as 
     required pursuant to section 2202(c)(8) of the Homeland 
     Security Act of 2002 (as added by subsection (a)).
       (4) Not later than 1 year after the date of the enactment 
     of this Act, information on the activities of the 
     consultation and collaboration mechanisms of the Agency as 
     required pursuant to section 2202(c)(8) of the Homeland 
     Security Act of 2002, and how such mechanisms have impacted 
     operational coordination, situational awareness, and 
     integration across the Agency.
       (5) Not later than 180 days after the date of enactment of 
     this Act, information, which shall be made publicly available 
     and updated as appropriate, on the mechanisms and structures 
     of the Agency responsible for stakeholder outreach and 
     engagement, as required under section 2202(c)(11) of the 
     Homeland Security Act of 2002 (as added by subsection (a)).
       (6) Not later than 1 year after the date of enactment of 
     this Act, and annually thereafter, information on EMP and GMD 
     (as defined in section 2 of the Homeland Security Act (6 
     U.S.C. 101)), which shall include--
       (A) a summary of the threats and consequences, as of the 
     date of the information, of electromagnetic events to the 
     critical infrastructure of the United States;
       (B) Department of Homeland Security efforts as of the date 
     of the information, including with respect to--
       (i) risk assessments;
       (ii) mitigation actions;
       (iii) coordinating with the Department of Energy to 
     identify critical electric infrastructure assets subject to 
     EMP or GMD risk; and
       (iv) current and future plans for engagement with the 
     Department of Energy, the Department of Defense, the National 
     Oceanic and Atmospheric Administration, and other relevant 
     Federal departments and agencies;
       (C) as of the date of the information, current 
     collaboration, and plans for future engagement, with critical 
     infrastructure owners and operators;
       (D) an identification of internal roles to address 
     electromagnetic risks to critical infrastructure; and
       (E) plans for implementation and protecting and preparing 
     United States critical infrastructure against electromagnetic 
     threats.
       (e) Cyber Workforce.--Not later than 90 days after the date 
     of enactment of this Act, the Director of the Cybersecurity 
     and Infrastructure Security Agency of the Department of 
     Homeland Security, in coordination with the Director of the 
     Office of Personnel Management, shall submit to Congress a 
     report detailing how the Agency is meeting legislative 
     requirements under the Cybersecurity Workforce Assessment Act 
     (Public Law 113-246; 128 Stat. 2880) and the Homeland 
     Security Cybersecurity Workforce Assessment Act (6 U.S.C. 146 
     note; Public Law 113-277) to address cyber workforce needs.
       (f) Facility.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Cybersecurity and 
     Infrastructure Security Agency of the Department of Homeland 
     Security shall report to Congress on the most efficient and 
     effective methods of consolidating Agency facilities, 
     personnel, and programs to most effectively carry out the 
     mission of the Agency.
       (g) Technical and Conforming Amendments to the Homeland 
     Security Act of 2002.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (1) by amending section 103(a)(1)(H) (6 U.S.C. 
     113(a)(1)(H)) to read as follows:
       ``(H) A Director of the Cybersecurity and Infrastructure 
     Security Agency.'';
       (2) in title II (6 U.S.C. 121 et seq.)--
       (A) in the title heading, by striking ``AND INFRASTRUCTURE 
     PROTECTION'';
       (B) in the subtitle A heading, by striking ``and 
     Infrastructure Protection'';
       (C) in section 201 (6 U.S.C. 121)--
       (i) in the section heading, by striking ``and 
     infrastructure protection'';
       (ii) in subsection (a)--

       (I) in the subsection heading, by striking ``and 
     Infrastructure Protection''; and
       (II) by striking ``and an Office of Infrastructure 
     Protection'';

       (iii) in subsection (b)--

       (I) in the subsection heading, by striking ``and Assistant 
     Secretary for Infrastructure Protection''; and
       (II) by striking paragraph (3);

       (iv) in subsection (c)--

       (I) by striking ``and infrastructure protection''; and
       (II) by striking ``or the Assistant Secretary for 
     Infrastructure Protection, as appropriate'';

       (v) in subsection (d)--

       (I) in the subsection heading, by striking ``and 
     Infrastructure Protection'';
       (II) in the matter preceding paragraph (1), by striking 
     ``and infrastructure protection'';
       (III) by striking paragraphs (5), (6), and (25);
       (IV) by redesignating paragraphs (7) through (24) as 
     paragraphs (5) through (22), respectively;
       (V) by redesignating paragraph (26) as paragraph (23); and
       (VI) in paragraph (23)(B)(i), as so redesignated, by 
     striking ``section 319'' and inserting ``section 320'';

       (vi) in subsection (e)(1), by striking ``and the Office of 
     Infrastructure Protection'';
       (vii) in subsection (f)(1), by striking ``and the Office of 
     Infrastructure Protection''; and
       (viii) in subsection (g), in the matter preceding paragraph 
     (1), by striking ``and the Office of Infrastructure 
     Protection'';
       (D) in section 202 (6 U.S.C. 122)--
       (i) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``Director of Central Intelligence'' and 
     inserting ``Director of National Intelligence''; and
       (ii) in subsection (d)(2), by striking ``Director of 
     Central Intelligence'' and inserting ``Director of National 
     Intelligence'';
       (E) in section 204 (6 U.S.C. 124a)--

[[Page S3819]]

       (i) in subsection (c)(1), in the matter preceding 
     subparagraph (A), by striking ``Assistant Secretary for 
     Infrastructure Protection'' and inserting ``Director of the 
     Cybersecurity and Infrastructure Security Agency''; and
       (ii) in subsection (d)(1), in the matter preceding 
     subparagraph (A), by striking ``Assistant Secretary for 
     Infrastructure Protection'' and inserting ``Director of the 
     Cybersecurity and Infrastructure Security Agency'';
       (F) by redesignating section 210E (6 U.S.C. 124l) as 
     section 2214 and transferring such section to appear after 
     section 2213 (as redesignated by subparagraph (I));
       (G) in subtitle B, by redesignating sections 211 through 
     215 (6 U.S.C. 101 note, and 131 through 134) as sections 2221 
     through 2225, respectively, and transferring such subtitle, 
     including the enumerator and heading of subtitle B and such 
     sections, to appear after section 2214 (as redesignated by 
     subparagraph (G));
       (H) by redesignating sections 223 through 230 (6 U.S.C. 143 
     through 151) as sections 2205 through 2213, respectively, and 
     transferring such sections to appear after section 2204, as 
     added by this Act;
       (I) by redesignating section 210F as section 210E; and
       (J) by redesignating subtitles C and D as subtitles B and 
     C, respectively;
       (3) in title III (6 U.S.C. 181 et seq.)--
       (A) in section 302 (6 U.S.C. 182)--
       (i) by striking ``biological,,'' each place that term 
     appears and inserting ``biological,''; and
       (ii) in paragraph (3), by striking ``Assistant Secretary 
     for Infrastructure Protection'' and inserting ``Director of 
     the Cybersecurity and Infrastructure Security Agency'';
       (B) by redesignating the second section 319 (6 U.S.C. 195f) 
     (relating to EMP and GMD mitigation research and development) 
     as section 320; and
       (C) in section 320(c)(1), as so redesignated, by striking 
     ``Section 214'' and inserting ``Section 2224'';
       (4) in title V (6 U.S.C. 311 et seq.)--
       (A) in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by 
     striking ``The Director of the Office of Emergency 
     Communications of the Department of Homeland Security'' and 
     inserting ``The Assistant Director for Emergency 
     Communications'';
       (B) in section 514 (6 U.S.C. 321c)--
       (i) by striking subsection (b); and
       (ii) by redesignating subsection (c) as subsection (b); and
       (C) in section 523 (6 U.S.C. 321l)--
       (i) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``Assistant Secretary for Infrastructure 
     Protection'' and inserting ``Director of Cybersecurity and 
     Infrastructure Security''; and
       (ii) in subsection (c), by striking ``Assistant Secretary 
     for Infrastructure Protection'' and inserting ``Director of 
     Cybersecurity and Infrastructure Security'';
       (5) in title VIII (6 U.S.C. 361 et seq.)--
       (A) in section 884(d)(4)(A)(ii) (6 U.S.C. 
     464(d)(4)(A)(ii)), by striking ``Under Secretary responsible 
     for overseeing critical infrastructure protection, 
     cybersecurity, and other related programs of the Department'' 
     and inserting ``Director of Cybersecurity and Infrastructure 
     Security''; and
       (B) in section 899B(a) (6 U.S.C. 488a(a)), by adding at the 
     end the following: ``Such regulations shall be carried out by 
     the Cybersecurity and Infrastructure Security Agency.'';
       (6) in title XVIII (6 U.S.C. 571 et seq.)--
       (A) in section 1801 (6 U.S.C. 571)--
       (i) in the section heading, by striking ``office of 
     emergency communications'' and inserting ``emergency 
     communications division'';
       (ii) in subsection (a)--

       (I) by striking ``Office of Emergency Communications'' and 
     inserting ``Emergency Communications Division''; and
       (II) by adding at the end the following: ``The Division 
     shall be located in the Cybersecurity and Infrastructure 
     Security Agency.'';

       (iii) by amending subsection (b) to read as follows:
       ``(b) Assistant Director.--The head of the Division shall 
     be the Assistant Director for Emergency Communications. The 
     Assistant Director shall report to the Director of 
     Cybersecurity and Infrastructure Security. All decisions of 
     the Assistant Director that entail the exercise of 
     significant authority shall be subject to the approval of the 
     Director of Cybersecurity and Infrastructure Security.'';
       (iv) in subsection (c)--

       (I) in the matter preceding paragraph (1), by inserting 
     ``Assistant'' before ``Director'';
       (II) in paragraph (15), as added by section 1431(a)(7), by 
     striking ``and'' at the end;
       (III) by redesignating paragraph (16), as so redesignated 
     by section 1431(a)(3), as paragraph (17); and
       (IV) by inserting after paragraph (15) the following:

       ``(16) fully participate in the mechanisms required under 
     section 2202(c)(8); and'';
       (v) in subsection (d), in the matter preceding paragraph 
     (1), by inserting ``Assistant'' before ``Director''; and
       (vi) in subsection (e), in the matter preceding paragraph 
     (1), by inserting ``Assistant'' before ``Director'';
       (B) in sections 1802 through 1805 (6 U.S.C. 572 through 
     575), by striking ``Director for Emergency Communications'' 
     each place that term appears and inserting ``Assistant 
     Director for Emergency Communications'';
       (C) in section 1809 (6 U.S.C. 579)--
       (i) by striking ``Director of Emergency Communications'' 
     each place that term appears and inserting ``Assistant 
     Director for Emergency Communications'';
       (ii) in subsection (b)--

       (I) by striking ``Director for Emergency Communications'' 
     and inserting ``Assistant Director for Emergency 
     Communications''; and
       (II) by striking ``Office of Emergency Communications'' and 
     inserting ``Emergency Communications Division'';

       (iii) in subsection (e)(3), by striking ``the Director'' 
     and inserting ``the Assistant Director''; and
       (iv) in subsection (m)(1)--

       (I) by striking ``The Director'' and inserting ``The 
     Assistant Director'';
       (II) by striking ``the Director determines'' and inserting 
     ``the Assistant Director determines''; and
       (III) by striking ``Office of Emergency Communications'' 
     and inserting ``Cybersecurity and Infrastructure Security 
     Agency'';

       (D) in section 1810 (6 U.S.C. 580)--
       (i) in subsection (a)(1), by striking ``Director of the 
     Office of Emergency Communications (referred to in this 
     section as the `Director')'' and inserting ``Assistant 
     Director for Emergency Communications (referred to in this 
     section as the `Assistant Director')'';
       (ii) in subsection (c), by striking ``Office of Emergency 
     Communications'' and inserting ``Emergency Communications 
     Division''; and
       (iii) by striking ``Director'' each place that term appears 
     and inserting ``Assistant Director'';
       (7) in title XX (6 U.S.C. 601 et seq.)--
       (A) in paragraph (5)(A)(iii)(II) of section 2001 (6 U.S.C. 
     601), as so redesignated by section 1451(b), by striking 
     ``section 210E(a)(2)'' and inserting ``section 2214(a)(2)'';
       (B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking 
     ``section 210E(a)(2)'' and inserting ``section 2214(a)(2)''; 
     and
       (C) in section 2021 (6 U.S.C. 611)--
       (i) by striking subsection (c); and
       (ii) by redesignating subsection (d) as subsection (c);
       (8) in title XXI (6 U.S.C. 621 et seq.)--
       (A) in section 2102(a)(1) (6 U.S.C. 622(a)(1)), by 
     inserting ``, which shall be located in the Cybersecurity and 
     Infrastructure Security Agency'' before the period at the 
     end; and
       (B) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking 
     ``Under Secretary responsible for overseeing critical 
     infrastructure protection, cybersecurity, and other related 
     programs of the Department appointed under section 
     103(a)(1)(H)'' and inserting ``Director of Cybersecurity and 
     Infrastructure Security''; and
       (9) in title XXII, as added by this Act--
       (A) in subtitle A--
       (i) in section 2205, as so redesignated--

       (I) in the matter preceding paragraph (1)--

       (aa) by striking ``section 201'' and inserting ``section 
     2202''; and
       (bb) by striking ``Under Secretary appointed under section 
     103(a)(1)(H)'' and inserting ``Director of Cybersecurity and 
     Infrastructure Security''; and

       (II) in paragraph (1)(B), by striking ``and'' at the end;

       (ii) in section 2206, as so redesignated, by striking 
     ``Assistant Secretary for Infrastructure Protection'' and 
     inserting ``Director of Cybersecurity and Infrastructure 
     Security'';
       (iii) in section 2209, as so redesignated--

       (I) by striking ``Under Secretary appointed under section 
     103(a)(1)(H)'' each place that term appears and inserting 
     ``Director'';
       (II) in subsection (a)(4), by striking ``section 212(5)'' 
     and inserting ``section 2222(5)'';
       (III) in subsection (b), by adding at the end the 
     following: ``The Center shall be located in the Cybersecurity 
     and Infrastructure Security Agency. The head of the Center 
     shall report to the Assistant Director for Cybersecurity.''; 
     and
       (IV) in subsection (c)(11), by striking ``Office of 
     Emergency Communications'' and inserting ``Emergency 
     Communications Division'';

       (iv) in section 2210, as so redesignated--

       (I) by striking ``section 227'' each place that term 
     appears and inserting ``section 2209''; and
       (II) in subsection (c)--

       (aa) by striking ``Under Secretary appointed under section 
     103(a)(1)(H)'' and inserting ``Director of Cybersecurity and 
     Infrastructure Security''; and
       (bb) by striking ``section 212(5)'' and inserting ``section 
     2222(5)'';
       (v) in section 2211, as so redesignated--

       (I) in subsection (b)(2)(A), by striking ``the section 
     227'' and inserting ``section 2209''; and
       (II) in subsection (c)(1)(C), by striking ``section 707'' 
     and inserting ``section 706'';

       (vi) in section 2212, as so redesignated, by striking 
     ``section 212(5)'' and inserting ``section 2222(5)'';
       (vii) in section 2213(a), as so redesignated--

       (I) in paragraph (3), by striking ``section 228'' and 
     inserting ``section 2210''; and
       (II) in paragraph (4), by striking ``section 227'' and 
     inserting ``section 2209''; and

       (viii) in section 2214, as so redesignated--

       (I) by striking subsection (e); and
       (II) by redesignating subsection (f) as subsection (e); and

       (B) in subtitle B--
       (i) in section 2222(8), as so redesignated, by striking 
     ``section 227'' and inserting ``section 2209''; and
       (ii) in section 2224(h), as so redesignated, by striking 
     ``section 213'' and inserting ``section 2223'';
       (h) Technical and Conforming Amendments to Other Laws.--

[[Page S3820]]

       (1) Cybersecurity act of 2015.--The Cybersecurity Act of 
     2015 (6 U.S.C. 1501 et seq.) is amended--
       (A) in section 202(2) (6 U.S.C. 131 note)--
       (i) by striking ``section 227'' and inserting ``section 
     2209''; and
       (ii) by striking ``, as so redesignated by section 
     223(a)(3) of this division'';
       (B) in section 207(2) (Public Law 114-113; 129 Stat. 
     2962)--
       (i) by striking ``section 227'' and inserting ``section 
     2209''; and
       (ii) by striking ``, as redesignated by section 223(a) of 
     this division,'';
       (C) in section 208 (Public Law 114-113; 129 Stat. 2962), by 
     striking ``Under Secretary appointed under section 
     103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 
     113(a)(1)(H))'' and inserting ``Director of Cybersecurity and 
     Infrastructure Security of the Department'';
       (D) in section 222 (6 U.S.C. 1521)--
       (i) in paragraph (2)--

       (I) by striking ``section 228'' and inserting ``section 
     2210''; and
       (II) by striking ``, as added by section 223(a)(4) of this 
     division''; and

       (ii) in paragraph (4)--

       (I) by striking ``section 227'' and inserting ``section 
     2209''; and
       (II) by striking ``, as so redesignated by section 
     223(a)(3) of this division'';

       (E) in section 223(b) (6 U.S.C. 151 note)--
       (i) by striking ``section 230(b)(1) of the Homeland 
     Security Act of 2002, as added by subsection (a)'' each place 
     that term appears and inserting ``section 2213(b)(1) of the 
     Homeland Security Act of 2002''; and
       (ii) in paragraph (1)(B), by striking ``section 230(b)(2) 
     of the Homeland Security Act of 2002, as added by subsection 
     (a)'' and inserting ``section 2213(b)(2) of the Homeland 
     Security Act of 2002'';
       (F) in section 226 (6 U.S.C. 1524)--
       (i) in subsection (a)--

       (I) in paragraph (1)--

       (aa) by striking ``section 230'' and inserting ``section 
     2213''; and
       (bb) by striking ``, as added by section 223(a)(6) of this 
     division'';

       (II) in paragraph (4)--

       (aa) by striking ``section 228(b)(1)'' and inserting 
     ``section 2210(b)(1)''; and
       (bb) by striking ``, as added by section 223(a)(4) of this 
     division''; and

       (III) in paragraph (5)--

       (aa) by striking ``section 230(b)'' and inserting ``section 
     2213(b)''; and
       (bb) by striking ``, as added by section 223(a)(6) of this 
     division''; and
       (ii) in subsection (c)(1)(A)(vi)--

       (I) by striking ``section 230(c)(5)'' and inserting 
     ``section 2213(c)(5)''; and
       (II) by striking ``, as added by section 223(a)(6) of this 
     division'';

       (G) in section 227 (6 U.S.C. 1525)--
       (i) in subsection (a)--

       (I) by striking ``section 230'' and inserting ``section 
     2213''; and
       (II) by striking ``, as added by section 223(a)(6) of this 
     division,''; and

       (ii) in subsection (b)--

       (I) by striking ``section 230(d)(2)'' and inserting 
     ``section 2213(d)(2)''; and
       (II) by striking ``, as added by section 223(a)(6) of this 
     division,''; and

       (H) in section 404 (6 U.S.C. 1532)--
       (i) by striking ``Director for Emergency Communications'' 
     each place that term appears and inserting ``Assistant 
     Director for Emergency Communications''; and
       (ii) in subsection (a)--

       (I) by striking ``section 227'' and inserting ``section 
     2209''; and
       (II) by striking ``, as redesignated by section 223(a)(3) 
     of this division,''.

       (2) Small business act.--Section 21(a)(8)(B) of the Small 
     Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking 
     ``section 227(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 148(a))'' and inserting ``section 2209(a) of the 
     Homeland Security Act of 2002''.
       (3) Title 5.--Subchapter II of chapter 53 of title 5, 
     United States Code, is amended--
       (A) in section 5314, by inserting after ``Under 
     Secretaries, Department of Homeland Security.'' the 
     following:
       ``Director, Cybersecurity and Infrastructure Security 
     Agency.''; and
       (B) in section 5315, by inserting after ``Assistant 
     Secretaries, Department of Homeland Security.'' the 
     following:
       ``Assistant Director for Cybersecurity, Cybersecurity and 
     Infrastructure Security Agency.
       ``Assistant Director for Infrastructure Security, 
     Cybersecurity and Infrastructure Security Agency.''.
       (i) Table of Contents Amendments.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended--
       (1) by striking the item relating to title II and inserting 
     the following:

                  ``TITLE II--INFORMATION ANALYSIS'';

       (2) by striking the item relating to subtitle A of title II 
     and inserting the following:

    ``Subtitle A--Information and Analysis; Access to Information'';

       (3) by striking the item relating to section 201 and 
     inserting the following:

``Sec. 201. Information and analysis.'';
       (4) by striking the items relating to sections 210E and 
     210F and inserting the following:

``Sec. 210E. Classified Information Advisory Officer.'';
       (5) by striking the items relating to subtitle B of title 
     II and sections 211 through 215;
       (6) by striking the items relating to section 223 through 
     section 230;
       (7) by striking the item relating to subtitle C and 
     inserting the following:

                 ``Subtitle B--Information Security'';

       (8) by striking the item relating to subtitle D and 
     inserting the following:

           ``Subtitle C--Office of Science and Technology'';

       (9) by striking the items relating to sections 317, 319, 
     318, and 319 and inserting the following:

``Sec. 317. Promoting antiterrorism through international cooperation 
              program.
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.'';
       (10) by striking the item relating to section 1801 and 
     inserting the following:

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

     ``TITLE XXII--CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

        ``Subtitle A--Cybersecurity and Infrastructure Security

``Sec. 2201. Definitions.
``Sec. 2202. Cybersecurity and Infrastructure Security Agency.
``Sec. 2203. Cybersecurity Division.
``Sec. 2204. Infrastructure Security Division.
``Sec. 2205. Enhancement of Federal and non-Federal cybersecurity.
``Sec. 2206. Net guard.
``Sec. 2207. Cyber Security Enhancement Act of 2002.
``Sec. 2208. Cybersecurity recruitment and retention.
``Sec. 2209. National cybersecurity and communications integration 
              center.
``Sec. 2210. Cybersecurity plans.
``Sec. 2211. Cybersecurity strategy.
``Sec. 2212. Clearances.
``Sec. 2213. Federal intrusion detection and prevention system.
``Sec. 2214. National Asset Database.

           ``Subtitle B--Critical Infrastructure Information

``Sec. 2221. Short title.
``Sec. 2222. Definitions.
``Sec. 2223. Designation of critical infrastructure protection program.
``Sec. 2224. Protection of voluntarily shared critical infrastructure 
              information.
``Sec. 2225. No private right of action.''.

     SEC. 1602. TRANSFER OF OTHER ENTITIES.

       (a) Office of Biometric Identity Management.--The Office of 
     Biometric Identity Management of the Department of Homeland 
     Security located in the National Protection and Programs 
     Directorate of the Department of Homeland Security on the day 
     before the date of enactment of this Act is hereby 
     transferred to the Management Directorate of the Department.
       (b) Federal Protective Service.--
       (1) In general.--Not later than 90 days following the 
     completion of the Government Accountability Office review of 
     the organizational placement of the Federal Protective 
     Service, as requested by Congress, the Secretary of Homeland 
     Security shall submit to the Director of the Office of 
     Management and Budget and the appropriate committees of 
     Congress a recommendation regarding the appropriate placement 
     of the Federal Protective Service within the executive branch 
     of the Federal Government.
       (2) Consultation and assessment.--The recommendation 
     described in paragraph (1) shall--
       (A) be developed after consultation with the head of any 
     executive branch entity that the Secretary intends to 
     recommend for the placement of the Federal Protective 
     Service; and
       (B) include--
       (i) an assessment of the how the Department of Homeland 
     Security considered the Government Accountability Office 
     review described in paragraph (1) and any other relevant 
     analysis; and
       (ii) an explanation of any statutory changes that may be 
     necessary to effectuate the recommendation.

     SEC. 1603. DHS REPORT ON CLOUD-BASED CYBERSECURITY.

       (a) Definition.--In this section, the term ``Department'' 
     means the Department of Homeland Security.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     coordination with the Director of the Office of Management 
     and Budget and the Administrator of General Services, shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Government Reform and the Committee on Homeland Security of 
     the House of Representatives a report on the leadership role 
     of the Department in cloud-based cybersecurity deployments 
     for civilian Federal departments and agencies, which shall 
     include--
       (1) information on the plan of the Department for offering 
     automated, software-based Security Operations Center as a 
     service capabilities in accordance with the December 2017 
     Report to the President on Federal IT Modernization issued by 
     the American Technology Council;
       (2) information on what capabilities the Department will 
     prioritize for those service capabilities, including--

[[Page S3821]]

       (A) criteria the Department will use to evaluate 
     capabilities offered by the private sector; and
       (B) information on how government- and private sector-
     provided capabilities will be integrated to enable visibility 
     and consistency of security capabilities across all cloud and 
     on premise environments, as called for in the report 
     described in paragraph (1); and
       (3) information on how the Department will adapt the 
     current capabilities of, and future enhancements to, the 
     intrusion detection and prevention system of the Department 
     and the Continuous Diagnostics and Mitigation Program of the 
     Department to secure civilian government networks in a cloud 
     environment.

     SEC. 1604. RULE OF CONSTRUCTION.

       Nothing in this title or an amendment made by this title 
     may be construed as--
       (1) conferring new authorities to the Secretary of Homeland 
     Security, including programmatic, regulatory, or enforcement 
     authorities, outside of the authorities in existence on the 
     day before the date of enactment of this Act;
       (2) reducing or limiting the programmatic, regulatory, or 
     enforcement authority vested in any other Federal agency by 
     statute; or
       (3) affecting in any manner the authority, existing on the 
     day before the date of enactment of this Act, of any other 
     Federal agency or component of the Department of Homeland 
     Security.

     SEC. 1605. PROHIBITION ON ADDITIONAL FUNDING.

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

                        TITLE VII--OTHER MATTERS

                       Subtitle A--Miscellaneous

     SEC. 1701. AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF 
                   INSPECTOR GENERAL.

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

     SEC. 1702. CANINE TEAMS.

       Components of the Department of Homeland Security may 
     request additional canine teams when there is a justified and 
     documented shortage and such additional canine teams would be 
     effective for drug detection or to enhance security.

     SEC. 1703. REPORT ON RESOURCE REQUIREMENTS TO RESPOND TO 
                   CONGRESSIONAL REQUESTS.

       (a) Definitions.--In this section--
       (1) the term ``Department'' means the Department of 
     Homeland Security; and
       (2) the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, and every year thereafter, the 
     Secretary shall submit to Congress a report on requests made 
     by Congress to the Department that shall include, with 
     respect to the fiscal year preceding the report or, if 
     available, the preceding 5 fiscal years--
       (1) the total number of congressional requests to the 
     Department, including a breakdown of the number of requests 
     made by committees, subcommittees, and caucuses;
       (2) the total number of congressional responses for which 
     the Department was required to prepare, including a breakdown 
     of the number of hearings, briefings, and outreach events for 
     the Department and each component of the Department;
       (3) the total number of requests for similar or duplicative 
     briefings, hearings, and other events that were made by 
     multiple committees of Congress, including--
       (A) a breakdown of the number of requests for the 
     Department and each component of the Department; and
       (B) a breakdown of the number of requests for hearings by 
     topic and by the requesting committees and subcommittees of 
     Congress;
       (4) the total number of written testimony before committees 
     and reports that the Department had to prepare for or respond 
     to, including--
       (A) a breakdown of the number of written testimony before 
     committees and reports that the Department and each component 
     of the Department had to prepare for or respond to; and
       (B) a breakdown of the number of written testimony before 
     committees and reports that the Department and each component 
     of the Department had to prepare for or respond to by topic, 
     as determined by the Secretary;
       (5) the total number and a list of congressional document 
     requests and subpoenas sent to the Department, including all 
     pending document requests and subpoenas, including--
       (A) whether a request is currently pending;
       (B) how long it took the Department to respond fully to 
     each request, or, for pending requests, how long the request 
     has been outstanding; and
       (C) the reason for any response time greater than 90 days 
     from the date on which the original request was received;
       (6) the total number and a list of congressional questions 
     for the record sent to the Department, including all pending 
     questions for the record, including--
       (A) whether a question for the record is currently pending;
       (B) how long it took the Department to respond fully to 
     each question for the record, or, for pending questions for 
     the record, how long the request has been outstanding; and
       (C) the reason for any response time greater than 90 days 
     from the date on which the original question for the record 
     was received; and
       (7) the total number and a list of congressional letter 
     requests for information, not including requests for 
     documents or questions for the record, sent to the 
     Department, including all pending requests for information, 
     including--
       (A) whether the request for information is currently 
     pending;
       (B) how long it took the Department to respond fully to 
     each request for information, or, pending requests for 
     information, how long the request has been outstanding; and
       (C) the reason for any response time greater than 90 days 
     from the date on which the original request for information 
     was received; and
       (8) any additional information as determined by the 
     Secretary.
       (c) Termination.--This section shall terminate on the date 
     that is 5 years after the date of enactment of this Act.

     SEC. 1704. REPORT ON COOPERATION WITH THE PEOPLE'S REPUBLIC 
                   OF CHINA TO COMBAT ILLICIT OPIOID SHIPMENTS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, in consultation with 
     the Attorney General and the Secretary of State, shall submit 
     to Congress a report on current and planned cooperation with 
     the Government of the People's Republic of China to end 
     opioid smuggling, including through online sellers, which 
     shall include a discussion of--
       (1) plans to leverage high-level partnerships with Chinese 
     officials established through the United States-China Law 
     Enforcement and Cybersecurity Dialogue to combat the shipment 
     of illicit opioids to the United States;
       (2) the current status and expected time frame for 
     scheduling additional illicit opioids as illegal;
       (3) the current status and expected time frame for shutting 
     down smuggling routes and methods, including online sellers 
     located in China; and
       (4) any additional forums or diplomatic channels that 
     should be used to further cooperation with other foreign 
     governments to combat illicit opioid shipments.

  Subtitle B--Commission to Review the Congressional Oversight of the 
                    Department of Homeland Security

     SEC. 1711. SHORT TITLE.

       This subtitle may be cited as the ``Congressional 
     Commission to Review the Congressional Oversight of the 
     Department of Homeland Security Act of 2018''.

     SEC. 1712. ESTABLISHMENT.

       There is established in the legislative branch a commission 
     to be known as the ``Congressional Commission to Review 
     Congressional Oversight of the Department of Homeland 
     Security'' (in this subtitle referred to as the 
     ``Commission'').

     SEC. 1713. MEMBERS OF THE COMMISSION.

       (a) Members.--The Commission shall be composed of 6 
     members, of whom--
       (1) 1 member shall be appointed by the Majority Leader of 
     the Senate, in consultation with the leader of the House of 
     Representatives who is a member of the political party of 
     which the Majority Leader is a member, who shall serve as 
     chairperson of the Commission;
       (2) 1 member shall be appointed by the Minority Leader of 
     the Senate, in consultation with the leader of the House of 
     Representatives who is a member of the political party of 
     which the Minority Leader is a member, who shall serve as 
     vice chairperson of the Commission;
       (3) 1 member shall be appointed by the Majority Leader of 
     the Senate;
       (4) 1 member shall be appointed by the Minority Leader of 
     the Senate;
       (5) 1 member shall be appointed by the Majority Leader of 
     the House of Representatives; and
       (6) 1 member shall be appointed by the Minority Leader of 
     the House of Representatives.
       (b) Expertise.--In making appointments under this section, 
     the individual making the appointment shall give 
     consideration to--
       (1) individuals with expertise in homeland security and 
     congressional oversight; and
       (2) individuals with prior senior leadership experience in 
     the executive or legislative branch.
       (c) Timing of Appointments.--Appointments to the Commission 
     shall be made not later than 45 days after the date of 
     enactment of this Act.
       (d) Terms; Vacancies.--Each member shall be appointed for 
     the duration of the Commission. Any vacancy in the Commission 
     shall not affect the powers of the Commission, and shall be 
     filled in the manner in which the original appointment was 
     made.
       (e) Compensation.--Members of the Commission shall serve 
     without pay.
       (f) Travel Expenses.--Each member of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (g) Security Clearances.--The appropriate Federal agencies 
     or departments shall

[[Page S3822]]

     cooperate with the Commission in expeditiously providing to 
     the members and employees of the Commission appropriate 
     security clearances to the extent possible, pursuant to 
     existing procedures and requirements, except that no person 
     shall be provided with access to classified information under 
     this subtitle without the appropriate security clearances.

     SEC. 1714. DUTIES OF THE COMMISSION.

       (a) Study of the Department of Homeland Security.--The 
     Commission shall conduct a comprehensive study of the 
     congressional oversight of the Department of Homeland 
     Security, including its components, subcomponents, 
     directorates, agencies, and any other entities within the 
     Department to--
       (1) review the congressional oversight of the Department of 
     Homeland Security; and
       (2) make recommendations on how congressional committee 
     jurisdictions in the Senate and House of Representatives 
     could be modified to promote homeland security and the 
     efficiency and congressional oversight of the Department.
       (b) Report.--Upon the affirmative vote of not less than 4 
     of the members of the Commission, the Commission shall submit 
     to the President and Congress a detailed statement of the 
     findings and conclusions of the Commission based on the study 
     carried out under subsection (a), together with the 
     recommendations of the Commission for such legislation or 
     administrative actions as the Commission considers 
     appropriate in light of the results of the study.
       (c) Deadline.--The Commission shall submit the report under 
     subsection (b) not later than 9 months after the date on 
     which a majority of the members of the Commission are 
     appointed.

     SEC. 1715. OPERATION AND POWERS OF THE COMMISSION.

       (a) Executive Branch Assistance.--The heads of the 
     following agencies shall advise and consult with the 
     Commission on matters within their respective areas of 
     responsibility:
       (1) The Department of Homeland Security.
       (2) The Department of Justice.
       (3) The Department of State.
       (4) The Office of Management and Budget.
       (5) Any other agency, as determined by the Commission.
       (b) Meetings.--The Commission shall meet--
       (1) not later than 30 days after the date on which a 
     majority of the members of the Commission have been 
     appointed; and
       (2) at such times thereafter, at the call of the 
     chairperson or vice chairperson.
       (c) Rules of Procedure.--The chairperson and vice 
     chairperson shall, with the approval of a majority of the 
     members of the Commission, establish written rules of 
     procedure for the Commission, which shall include a quorum 
     requirement to conduct the business of the Commission.
       (d) Hearings.--The Commission may, for the purpose of 
     carrying out this subtitle, hold hearings, sit, and act at 
     times and places, take testimony, and receive evidence as the 
     Commission considers appropriate.
       (e) Contracts.--The Commission may contract with and 
     compensate government and private agencies or persons for any 
     purpose necessary to enable it to carry out this subtitle.
       (f) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     agencies of the Federal Government.
       (g) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (h) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the functions of the Commission.
       (2) Other departments and agencies.--In addition to the 
     assistance under paragraph (1), departments and agencies of 
     the United States may provide to the Commission such 
     services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.

     SEC. 1716. FUNDING.

       (a) In General.--Subject to subsection (b) and the 
     availability of appropriations, at the request of the 
     chairperson of the Commission, the Secretary of Homeland 
     Security shall transfer funds, as specified in advance in 
     appropriations Acts and in a total amount not to exceed 
     $1,000,000, to the Commission for purposes of carrying out 
     the activities of the Commission as provided in this 
     subtitle.
       (b) Duration of Availability.--Amounts transferred to the 
     Commission under subsection (a) shall remain available until 
     the date on which the Commission terminates.
       (c) Prohibition on New Funding.--No additional funds are 
     authorized to be appropriated to carry out this Act. This Act 
     shall be carried out using amounts otherwise available for 
     the Department of Homeland Security and transferred under 
     subsection (a).

     SEC. 1717. PERSONNEL.

       (a) Executive Director.--The Commission shall have an 
     Executive Director who shall be appointed by the chairperson 
     with the concurrence of the vice chairperson. The Executive 
     Director shall be paid at a rate of pay established by the 
     chairperson and vice chairperson, not to exceed the annual 
     rate of basic pay payable for level V of the Executive 
     Schedule under section 5316 of title 5, United States Code.
       (b) Staff of the Commission.--The Executive Director of the 
     Commission may appoint and fix the pay of additional staff as 
     the Executive Director considers appropriate.
       (c) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (d) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 1718. TERMINATION.

       The Commission shall terminate not later than 1 year after 
     the date of enactment of this Act.

            Subtitle C--Technical and Conforming Amendments

     SEC. 1731. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT 
                   OF 2002.

       (a) Title IV.--Title IV of the Homeland Security Act of 
     2002 (6 U.S.C. 201 et seq.) is amended as follows:
       (1) In section 427 (6 U.S.C. 235), by striking subsection 
     (c).
       (2) By striking section 431 (6 U.S.C. 239).
       (3) In section 476 (6 U.S.C. 296)--
       (A) by striking ``the Bureau of Citizenship and Immigration 
     Services'' each place the term appears and inserting ``United 
     States Citizenship and Immigration Services''; and
       (B) by striking ``the Bureau of Border Security'' each 
     place the term appears and inserting ``U.S. Immigration and 
     Customs Enforcement''.
       (4) In section 478 (6 U.S.C. 298)--
       (A) in the section heading, by inserting ``annual report 
     on'' before ``immigration'';
       (B) by striking subsection (b);
       (C) in subsection (a)--
       (i) by striking ``Report.--'' and all that follows through 
     ``One year'' and inserting ``Report.--One year''; and
       (ii) by redesignating paragraph (2) as subsection (b) and 
     adjusting the margin accordingly; and
       (D) in subsection (b), as so redesignated--
       (i) in the heading, by striking ``Matter included'' and 
     inserting ``Matter Included''; and
       (ii) by redesignating subparagraphs (A) through (H) as 
     paragraphs (1) through (8), respectively, and adjusting the 
     margin accordingly.
       (b) Title VIII.--Section 812 of the Homeland Security Act 
     of 2002 (Public Law 107-296; 116 Stat. 2222; 5 U.S.C. App., 
     note to section 6 of Public Law 95-452) is amended as 
     follows:
       (1) By redesignating such section 812 as section 811.
       (2) By striking subsections (a) and (c).
       (3) In subsection (b)--
       (A) by striking ``(as added by subsection (a) of this 
     section)'' each place it appears;
       (B) by redesignating paragraphs (2), (3), and (4) as 
     subsections (b), (c), and (d), respectively, and adjusting 
     the margin accordingly;
       (C) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively, and 
     adjusting the margin accordingly; and
       (D) by striking ``(b) Promulgation of Initial Guidelines.--
     '' and all that follows through ``In this subsection'' and 
     inserting the following:
       ``(a) Definition.--In this section''.
       (4) In subsection (b), as so redesignated, by striking ``In 
     general'' and inserting ``In General''.
       (5) In subsection (c), as so redesignated, by striking 
     ``Minimum requirements'' and inserting ``Minimum 
     Requirements''.
       (6) In subsection (d), as so redesignated, by striking ``No 
     lapse of authority'' and inserting ``No Lapse of Authority''.
       (c) Title IX.--Section 903(a) of the Homeland Security Act 
     of 2002 (6 U.S.C. 493(a)) is amended in the subsection 
     heading by striking ``Members--'' and inserting ``Members.--
     ''.
       (d) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended as 
     follows:
       (1) By striking the item relating to section 478 and 
     inserting the following:

``Sec. 478. Annual report on immigration functions.''.

       (2) By striking the items relating to sections 811 and 812 
     and inserting the following:

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

                   DIVISION F--TSA MODERNIZATION ACT

     SEC. 2001. SHORT TITLE; REFERENCES.

       (a) Short Title.--This division may be cited as the ``TSA 
     Modernization Act''.
       (b) References to Title 49, United States Code.--Except as 
     otherwise expressly provided, wherever in this division an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 49, United States Code.

     SEC. 2002. DEFINITIONS.

       In this division:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the TSA.
       (2) Appropriate committees of congress.--

[[Page S3823]]

       (A) In general.--The term ``appropriate committees of 
     Congress'' means--
       (i) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (ii) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (iii) the Committee on Homeland Security of the House of 
     Representatives.
       (B) Inclusions.--In title III, the term ``appropriate 
     committees of Congress'' includes the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.
       (3) ASAC.--The term ``ASAC'' means the Aviation Security 
     Advisory Committee established under section 44946 of title 
     49, United States Code.
       (4) Explosive detection canine team.--The term ``explosives 
     detection canine team'' means a canine and a canine handler 
     that are trained to detect explosives and other threats as 
     defined by the Secretary.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) TSA.--The term ``TSA'' means the Transportation 
     Security Administration.

                TITLE I--ORGANIZATION AND AUTHORIZATIONS

     SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

       Section 114(w) is amended to read as follows:
       ``(w) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Transportation Security 
     Administration for salaries, operations, and maintenance of 
     the Administration--
       ``(1) $7,849,247,000 for fiscal year 2019;
       ``(2) $7,888,494,000 for fiscal year 2020; and
       ``(3) $7,917,936,000 for fiscal year 2021.''.

     SEC. 2102. ADMINISTRATOR OF THE TRANSPORTATION SECURITY 
                   ADMINISTRATION; 5-YEAR TERM.

       (a) In General.--Section 114, as amended by section 2101, 
     is further amended--
       (1) in subsection (a), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Leadership.--
       ``(1) Head of transportation security administration.--
       ``(A) Appointment.--The head of the Administration shall be 
     the Administrator of the Transportation Security 
     Administration (referred to in this section as the 
     `Administrator'). The Administrator shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(B) Qualifications.--The Administrator must--
       ``(i) be a citizen of the United States; and
       ``(ii) have experience in a field directly related to 
     transportation or security.
       ``(C) Term.--Effective with respect to any individual 
     appointment by the President, by and with the advice and 
     consent of the Senate, after August 1, 2017, the term of 
     office of an individual appointed as the Administrator shall 
     be 5 years.
       ``(2) Deputy administrator.--
       ``(A) Appointment.--There is established in the 
     Transportation Security Administration a Deputy 
     Administrator, who shall assist the Administrator in the 
     management of the Transportation Security Administration. The 
     Deputy Administrator shall be appointed by the President.
       ``(B) Vacancy.--The Deputy Administrator shall be Acting 
     Administrator during the absence or incapacity of the 
     Administrator or during a vacancy in the office of 
     Administrator.
       ``(C) Qualifications.--The Deputy Administrator must--
       ``(i) be a citizen of the United States; and
       ``(ii) have experience in a field directly related to 
     transportation or security.
       ``(3) Chief counsel.--
       ``(A) Appointment.--There is established in the 
     Transportation Security Administration a Chief Counsel, who 
     shall advise the Administrator and other senior officials on 
     all legal matters relating to the responsibilities, 
     functions, and management of the Transportation Security 
     Administration. The Chief Counsel shall be appointed by the 
     President. The Chief Counsel shall be Acting Deputy 
     Administrator during the absence or incapacity of the Deputy 
     Administrator or during a vacancy in the office of the Deputy 
     Administrator.
       ``(B) Qualifications.--The Chief Counsel must be a citizen 
     of the United States.'';
       (3) in subsections (c), (e) through (n), (p), (q), and (r), 
     by striking ``Under Secretary'' each place it appears and 
     inserting ``Administrator''; and
       (4) by amending subsection (d) to read as follows:
       ``(d) Functions.--The Administrator shall be responsible 
     for--
       ``(1) carrying out chapter 449, relating to civil aviation 
     security, and related research and development activities;
       ``(2) security in land-based transportation, including 
     railroad, highway, pipeline, public transportation, and over-
     the-road bus; and
       ``(3) supporting the Coast Guard with maritime security.''.
       (b) Technical and Conforming Amendments.--Section 114, as 
     amended by subsection (a), is further amended--
       (1) in subsection (g)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Subject to the direction and control of the Secretary'' and 
     inserting ``Subject to the direction and control of the 
     Secretary of Homeland Security''; and
       (ii) in subparagraph (D), by inserting ``of Homeland 
     Security'' after ``Secretary''; and
       (B) in paragraph (3), by inserting ``of Homeland Security'' 
     after ``Secretary'';
       (2) in subsection (j)(1)(D), by inserting ``of Homeland 
     Security'' after ``Secretary'';
       (3) in subsection (k), by striking ``functions transferred, 
     on or after the date of enactment of the Aviation and 
     Transportation Security Act,'' and inserting ``functions 
     assigned'';
       (4) in subsection (l)(4)(B), by striking ``Administrator 
     under subparagraph (A)'' and inserting ``Administrator of the 
     Federal Aviation Administration under subparagraph (A)'';
       (5) in subsection (n), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (6) in subsection (o), by striking ``Department of 
     Transportation'' and inserting ``Department of Homeland 
     Security'';
       (7) in subsection (p)(4), by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security'';
       (8) in subsection (s)--
       (A) in paragraph (3)(B), by inserting ``)'' after ``Act of 
     2007''; and
       (B) in paragraph (4)--
       (i) in the heading, by striking ``Submissions of plans to 
     congress'' and inserting ``Submission of plans'';
       (ii) by striking subparagraph (A);
       (iii) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through (D), respectively;
       (iv) in subparagraph (A), as redesignated--

       (I) in the heading, by striking ``Subsequent versions'' and 
     inserting ``In general''; and
       (II) by striking ``After December 31, 2015, the'' and 
     inserting ``The''; and

       (v) in subparagraph (B)(ii)(III)(cc), as redesignated, by 
     striking ``for the Department'' and inserting ``for the 
     Department of Homeland Security'';
       (9) by redesignating subsections (u), (v), and (w) as 
     subsections (t), (u), and (v), respectively;
       (10) in subsection (t), as redesignated--
       (A) in paragraph (1)--
       (i) by striking subparagraph (D); and
       (ii) by redesignating subparagraph (E) as subparagraph (D);
       (B) in paragraph (2), by inserting ``of Homeland Security'' 
     after ``Plan, the Secretary'';
       (C) in paragraph (4)(B)--
       (i) by inserting ``of Homeland Security'' after ``agency 
     within the Department''; and
       (ii) by inserting ``of Homeland Security'' after 
     ``Secretary'';
       (D) by amending paragraph (6) to read as follows:
       ``(6) Annual report on plan.--The Secretary of Homeland 
     Security shall annually submit to the appropriate 
     congressional committees a report containing the Plan.''; and
       (E) in paragraphs (7) and (8), by inserting ``of Homeland 
     Security'' after ``Secretary''; and
       (11) in subsection (u), as redesignated--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by inserting ``or the 
     Administrator'' after ``Secretary of Homeland Security''; and
       (ii) in subparagraph (C)(ii), by striking ``Secretary's 
     designee'' and inserting ``Secretary of Defense's designee'';
       (B) in subparagraphs (B), (C), (D), and (E) of paragraph 
     (3), by inserting ``of Homeland Security'' after 
     ``Secretary'' each place it appears;
       (C) in paragraph (4)(A), by inserting ``of Homeland 
     Security'' after ``Secretary'';
       (D) in paragraph (5), by inserting ``of Homeland Security'' 
     after ``Secretary''; and
       (E) in paragraph (7)--
       (i) in subparagraph (A), by striking ``Not later than 
     December 31, 2008, and annually thereafter, the Secretary'' 
     and inserting ``The Secretary of Homeland Security''; and
       (ii) by striking subparagraph (D).
       (c) Executive Schedule.--
       (1) Administrator of the tsa.--
       (A) Positions at level ii.--Section 5313 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to the Under Secretary of Homeland Security for Management 
     the following:
       ``Administrator of the Transportation Security 
     Administration.''.
       (B) Bonus eligibility.--Section 101(c)(2) of the Aviation 
     and Transportation Security Act (5 U.S.C. 5313 note) is 
     amended--
       (i) by striking ``Under Secretary'' and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (ii) by striking ``on the Secretary's'' and inserting ``on 
     the Secretary of Homeland Security's''; and
       (iii) by striking ``Under Secretary's'' and inserting 
     ``Administrator's''.
       (2) Deputy administrator of the tsa.--Section 5315 of title 
     5, United States Code, is amended by inserting after the item 
     relating to the Deputy Administrator, Federal Aviation 
     Administration the following:
       ``Deputy Administrator, Transportation Security 
     Administration.''.
       (3) Chief counsel of the tsa.--Section 5315 of title 5, 
     United States Code, is amended by inserting after the item 
     relating to the Deputy Administrator, Federal Aviation 
     Administration the following:
       ``Chief Counsel, Transportation Security Administration.''.

     SEC. 2103. TRANSPORTATION SECURITY ADMINISTRATION 
                   ORGANIZATION.

       Section 114, as amended by sections 2101 and 2102, is 
     further amended by adding at the end the following:
       ``(w) Leadership and Organization.--

[[Page S3824]]

       ``(1) In general.--For each of the areas described in 
     paragraph (2), the Administrator of the Transportation 
     Security Administration shall appoint at least 1 individual 
     who shall--
       ``(A) report directly to the Administrator or the 
     Administrator's designated direct report; and
       ``(B) be responsible and accountable for that area.
       ``(2) Areas described.--The areas described in this 
     paragraph are as follows:
       ``(A) Aviation security operations and training, including 
     risk-based, adaptive security focused on airport checkpoint 
     and baggage screening operations, workforce training and 
     development programs, and other specialized programs designed 
     to secure air transportation.
       ``(B) Surface transportation security operations and 
     training, including risk-based, adaptive security focused on 
     accomplishing security systems assessments, reviewing and 
     prioritizing projects for appropriated surface transportation 
     security grants, operator compliance with voluntary industry 
     standards, workforce training and development programs, and 
     other specialized programs designed to secure surface 
     transportation.
       ``(C) Air cargo security operations, including risk-based, 
     adaptive security focused on air cargo operations, 
     inspections, and other specialized programs designed to 
     secure cargo.
       ``(D) Industry engagement and planning, including the 
     development, interpretation, promotion, and oversight of a 
     unified effort regarding risk-based, risk-reducing security 
     policies and plans (including strategic planning for future 
     contingencies and security challenges) between government and 
     transportation stakeholders, including airports, domestic and 
     international airlines, general aviation, air cargo, mass 
     transit and passenger rail, freight rail, pipeline, highway 
     and motor carriers, and maritime.
       ``(E) International strategy and operations, including 
     agency efforts to work with international partners to secure 
     the global transportation network.
       ``(F) Trusted and registered traveler programs, including 
     the management and marketing of the agency's trusted traveler 
     initiatives, including the PreCheck Program, and coordination 
     with trusted traveler programs of other Department of 
     Homeland Security agencies and the private sector.
       ``(G) Technology acquisition and deployment, including the 
     oversight, development, testing, evaluation, acquisition, 
     deployment, and maintenance of security technology and other 
     acquisition programs.
       ``(H) Inspection and compliance, including the integrity, 
     efficiency and effectiveness of the agency's workforce, 
     operations, and programs through objective audits, covert 
     testing, inspections, criminal investigations, and regulatory 
     compliance.
       ``(I) Civil rights, liberties, and traveler engagement, 
     including ensuring that agency employees and the traveling 
     public are treated in a fair and lawful manner consistent 
     with Federal laws and regulations protecting privacy and 
     prohibiting discrimination and reprisal.
       ``(J) Legislative and public affairs, including 
     communication and engagement with internal and external 
     audiences in a timely, accurate, and transparent manner, and 
     development and implementation of strategies within the 
     agency to achieve congressional approval or authorization of 
     agency programs and policies.
       ``(3) Notification.--The Administrator shall transmit to 
     the appropriate committees of Congress--
       ``(A) not later than 180 days after the date of enactment 
     of the TSA Modernization Act, a list of the names of the 
     individuals appointed under paragraph (1); and
       ``(B) an update of the list not later than 5 days after any 
     new individual is appointed under paragraph (1).''.

     SEC. 2104. TSA LEAP PAY REFORM.

       (a) Definition of Basic Pay.--Clause (ii) of section 
     8331(3)(E) of title 5, United States Code, is amended to read 
     as follows:
       ``(ii) received after September 11, 2001, by a Federal air 
     marshal or criminal investigator (as defined in section 
     5545a(a)(2)) of the Transportation Security Administration, 
     subject to all restrictions and earning limitations imposed 
     on criminal investigators receiving such pay under section 
     5545a, including the premium pay limitations under section 
     5547;''.
       (b) Effective Date; Applicability.--
       (1) In general.--Subject to paragraph (2), this section, 
     and the amendments made by this section, shall take effect on 
     the first day of the first pay period commencing on or after 
     the date of enactment of this section.
       (2) Retroactive application.--
       (A) In general.--Any availability pay received for any pay 
     period commencing before the date of enactment of this Act by 
     a Federal air marshal or criminal investigator employed by 
     the Transportation Security Administration shall be deemed 
     basic pay under section 8331(3) of title 5, United States 
     Code, if the Transportation Security Administration treated 
     such pay as retirement-creditable basic pay, but the Office 
     of Personnel Management, based on an interpretation of 
     section 8331(3) of title 5, United States Code, did not 
     accept such pay as retirement-creditable basic pay.
       (B) Implementation.--Not later than 3 months after the date 
     of enactment of this Act, the Director of the Office of 
     Personnel Management shall commence taking such actions as 
     are necessary to implement the amendments made by this 
     section with respect to availability pay deemed to be basic 
     pay under subparagraph (A).

     SEC. 2105. TRANSMITTALS TO CONGRESS.

       With regard to each report, legislative proposal, or other 
     communication of the Executive Branch related to the TSA and 
     required to be submitted to Congress or the appropriate 
     committees of Congress, the Administrator shall transmit such 
     communication directly to the appropriate committees of 
     Congress.

                   TITLE II--TRANSPORTATION SECURITY

                    Subtitle A--Security Technology

     SEC. 2201. THIRD PARTY TESTING AND EVALUATION OF SCREENING 
                   TECHNOLOGY.

       (a) In General.--In carrying out the responsibilities under 
     section 114(f)(9), the Administrator shall develop and 
     implement, not later than 1 year after the date of enactment 
     of this Act, a program to enable a vendor of related security 
     screening technology to obtain testing and verification, 
     including as an alternative to the TSA's test and evaluation 
     process, by an appropriate third party, of such technology 
     before procurement or deployment.
       (b) Detection Testing.--
       (1) In general.--The third party testing and verification 
     program authorized under subsection (a) shall include 
     detection testing to evaluate the performance of the security 
     screening technology system regarding the probability of 
     detection, the probability of false alarm, and such other 
     indicators that the system is able to meet the TSA's mission 
     needs.
       (2) Results.--The results of the third party detection 
     testing under paragraph (1) shall be considered final if the 
     results are approved by the Administration in accordance with 
     approval standards developed by the Administrator.
       (3) Coordination with final testing.--To the extent 
     practicable, but without compromising the integrity of the 
     TSA test and evaluation process, the Administrator shall 
     coordinate the third party detection testing under paragraph 
     (1) with any subsequent, final Federal Government testing.
       (4) International standards.--To the extent practicable and 
     permissible under law and considering the national security 
     interests of the United States, the Administrator shall--
       (A) share detection testing information and standards with 
     appropriate international partners; and
       (B) coordinate with the appropriate international partners 
     to align TSA testing and evaluation with relevant 
     international standards to maximize the capability to detect 
     explosives and other threats.
       (c) Operational Testing.--
       (1) In general.--Subject to paragraph (2), the third party 
     testing and verification program authorized under subsection 
     (a) shall include operational testing.
       (2) Limitation.--Third party operational testing under 
     paragraph (1) may not exceed 1 year.
       (d) Alternative.--Third party testing under subsection (a) 
     shall replace as an alternative, at the discretion of the 
     Administrator, the testing at the TSA Systems Integration 
     Facility, including operational testing for--
       (1) health and safety factors;
       (2) operator interface;
       (3) human factors;
       (4) environmental factors;
       (5) throughput;
       (6) reliability, maintainability, and availability factors; 
     and
       (7) interoperability.
       (e) Testing and Verification Framework.--
       (1) In general.--The Administrator shall--
       (A) establish a framework for the third party testing and 
     for verifying a security technology is operationally 
     effective and able to meet the TSA's mission needs before it 
     may enter or re-enter, as applicable, the operational context 
     at an airport or other transportation facility;
       (B) use phased implementation to allow the TSA and the 
     third party to establish best practices; and
       (C) oversee the third party testing and evaluation 
     framework.
       (2) Recommendations.--The Administrator shall request 
     ASAC's Security Technology Subcommittee, in consultation with 
     representatives of the security manufacturers industry, to 
     develop and submit to the Administrator recommendations for 
     the third party testing and verification framework.
       (f) Field Testing.--The Administrator shall prioritize the 
     field testing and evaluation, including by third parties, of 
     security technology and equipment at airports and on site at 
     security technology manufacturers whenever possible as an 
     alternative to the TSA Systems Integration Facility.

     SEC. 2202. RECIPROCAL RECOGNITION OF SECURITY STANDARDS.

       (a) In General.--The Administrator, in coordination with 
     appropriate international aviation security authorities, 
     shall develop a validation process for the reciprocal 
     recognition of security equipment technology approvals among 
     international security partners or recognized certification 
     authorities for deployment.
       (b) Requirement.--The validation process shall ensure that 
     the certification by each participating international 
     security partner or recognized certification authority 
     complies with detection, qualification, and information 
     security, including cybersecurity, standards of the TSA, the 
     Department of

[[Page S3825]]

     Homeland Security, and the National Institute of Standards 
     and Technology.

     SEC. 2203. TRANSPORTATION SECURITY LABORATORY.

       (a) In General.--The Secretary, acting through the 
     Administrator, shall administer the Transportation Security 
     Laboratory.
       (b) Periodic Reviews.--The Administrator shall review the 
     screening technology test and evaluation process conducted at 
     the Transportation Security Laboratory to improve the 
     coordination, collaboration, and communication between the 
     Transportation Security Laboratory and the Office of 
     Acquisition Program Management at the TSA to identify factors 
     contributing to acquisition inefficiencies, develop 
     strategies to reduce acquisition inefficiencies, facilitate 
     more expeditious initiation and completion of testing, and 
     identify how laboratory practices can better support 
     acquisition decisions.

     SEC. 2204. INNOVATION TASK FORCE.

       (a) In General.--The Administrator shall establish an 
     innovation task force--
       (1) to cultivate innovations in aviation security;
       (2) to develop and recommend how to prioritize and 
     streamline requirements for new approaches to aviation 
     security;
       (3) to accelerate the development and introduction of new 
     innovative aviation security technologies and improvements to 
     aviation security operations; and
       (4) to provide industry with access to the airport 
     environment during the technology development and assessment 
     process to demonstrate the technology and to collect data to 
     understand and refine technical operations and human factor 
     issues.
       (b) Activities.--The task force shall--
       (1) conduct activities to identify and develop an 
     innovative technology, emerging security capability, or 
     process designed to enhance aviation security, including--
       (A) by conducting a field demonstration of such a 
     technology, capability, or process in the airport 
     environment;
       (B) by gathering performance data from such a demonstration 
     to inform the acquisition process; and
       (C) by enabling a small business with an innovative 
     technology or emerging security capability, but less than 
     adequate resources, to participate in such a demonstration;
       (2) conduct at least quarterly collaboration meetings with 
     industry, including air carriers, airport operators, and 
     other aviation security stakeholders to highlight and discuss 
     best practices on innovative security operations and 
     technology evaluation and deployment; and
       (3) submit to the appropriate committees of Congress an 
     annual report on the effectiveness of key performance data 
     from task force-sponsored projects and checkpoint 
     enhancements.
       (c) Composition.--
       (1) Appointment.--The Administrator, in consultation with 
     the Chairperson of ASAC shall appoint the members of the task 
     force.
       (2) Chairperson.--The task force shall be chaired by the 
     Administrator's designee.
       (3) Representation.--The task force shall be comprised of 
     representatives of--
       (A) the relevant offices of the TSA;
       (B) if considered appropriate by the Administrator, the 
     Science and Technology Directorate of the Department of 
     Homeland Security;
       (C) any other component of the Department of Homeland 
     Security that the Administrator considers appropriate; and
       (D) such industry representatives as the Administrator 
     considers appropriate.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to require the acquisition or deployment of an 
     innovative technology, emerging security capability, or 
     process identified, developed, or recommended under this 
     section.
       (e) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the task 
     force established under this section.

     SEC. 2205. 5-YEAR TECHNOLOGY INVESTMENT PLAN UPDATE.

       Section 1611(g) of the Homeland Security Act of 2002 (6 
     U.S.C. 563(g)) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting ``The Administrator shall, in collaboration with 
     relevant industry and government stakeholders, annually 
     submit to Congress in an appendix to the budget request and 
     publish in an unclassified format in the public domain--'';
       (2) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (3) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(3) information about acquisitions completed during the 
     fiscal year preceding the fiscal year during which the report 
     is submitted.''.

     SEC. 2206. BIOMETRICS EXPANSION.

       Not later than 270 days after the date of enactment of this 
     Act, the Administrator, in coordination with the Commissioner 
     of Customs and Border Protection, shall--
       (1) assess the operational and security impact of using 
     biometric technology to identify passengers;
       (2) assess the effects on privacy of the expansion of the 
     use of biometric technology under paragraph (1), including 
     methods to mitigate any risks to privacy identified by the 
     Administrator related to the active or passive collection of 
     biometric data;
       (3) facilitate, if appropriate, the deployment of such 
     biometric technology at checkpoints, screening lanes, bag 
     drop and boarding areas, and other areas where such 
     deployment would enhance security and facilitate passenger 
     movement;
       (4) submit to the appropriate committees of Congress a 
     report on the assessments under paragraph (1) and (2) and 
     deployment under paragraph (3); and
       (5) if practicable, publish the assessment required by 
     paragraph (2) on a publicly accessible Internet website of 
     the TSA.

     SEC. 2207. PILOT PROGRAM FOR AUTOMATED EXIT LANE TECHNOLOGY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall establish a 
     pilot program to implement and evaluate the use of automated 
     exit lane technology at small hub airports and nonhub 
     airports (as those terms are defined in section 40102 of 
     title 49, United States Code).
       (b) Partnership.--The Administrator shall carry out the 
     pilot program in partnership with the applicable airport 
     directors.
       (c) Cost Share.--The Federal share of the cost of the pilot 
     program under this section shall not exceed 85 percent of the 
     total cost of the program.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the pilot program under this 
     section $15,000,000 for each of fiscal years 2019 through 
     2021.
       (e) GAO Report.--Not later than 2 years after the date the 
     pilot program is implemented, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report on the pilot program, including--
       (1) the extent of airport participation in the pilot 
     program and how the program was implemented;
       (2) the results of the pilot program and any reported 
     benefits, including the impact on security and any cost-
     related efficiencies realized by TSA or at the participating 
     airports; and
       (3) the feasibility of expanding the pilot program to 
     additional airports, including to medium and large hub 
     airports.

     SEC. 2208. AUTHORIZATION OF APPROPRIATIONS; EXIT LANE 
                   SECURITY.

       There is authorized to be appropriated to carry out section 
     44903(n)(1) of title 49, United States Code, $77,000,000 for 
     each of fiscal years 2019 through 2021.

     SEC. 2209. REAL-TIME SECURITY CHECKPOINT WAIT TIMES.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall make available 
     to the public information on wait times at each airport 
     security checkpoint.
       (b) Requirements.--The information described in subsection 
     (a) shall be provided in real time via technology and 
     published--
       (1) online; and
       (2) in physical locations at the applicable airport 
     terminal.
       (c) Considerations.--The Administrator shall make the 
     information described in subsection (a) available to the 
     public in a manner that does not increase public area 
     security risks.
       (d) Definition of Wait Time.--In this section, the term 
     ``wait time'' means the period beginning when a passenger 
     enters a queue for a screening checkpoint and ending when 
     that passenger exited the checkpoint.

     SEC. 2210. GAO REPORT ON UNIVERSAL DEPLOYMENT OF ADVANCED 
                   IMAGING TECHNOLOGIES.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the cost to the TSA or an airport to 
     redesign, if necessary, airport security areas to fully 
     deploy advanced imaging technologies at each airport at which 
     security screening operations are conducted or overseen by 
     the TSA.
       (b) Cost Analysis.--As a part of the study conducted under 
     subsection (a), the Comptroller General shall identify the 
     costs that would be incurred by the TSA or the airport--
       (1) to purchase the equipment and other assets necessary to 
     deploy advanced imaging technologies at the airport;
       (2) to install such equipment, including any related 
     variant, and assets in the airport; and
       (3) to maintain such equipment and assets.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the appropriate committees of Congress a report on the 
     findings of the study under subsection (a).

     SEC. 2211. TESTING AND VERIFICATION PERFORMANCE OBJECTIVES.

       (a) In General.--The Administrator shall establish 
     performance objectives for the testing and verification of 
     security technology, including testing and verification 
     conducted by third parties under section 2201, to ensure that 
     progress is made, at a minimum, toward--
       (1) reducing time for each phase of testing while 
     maintaining security (including testing for detection 
     testing, operational testing, testing and verification 
     framework, and field testing);
       (2) eliminating testing and verification delays; and
       (3) increasing accountability.
       (b) Performance Metrics.--
       (1) In general.--In carrying out subsection (a), the 
     Administrator shall establish and continually track 
     performance metrics for each type of security technology 
     submitted for testing and verification, including testing and 
     verification conducted by third parties under section 2201.

[[Page S3826]]

       (2) Measuring progress toward goals.--The Administrator 
     shall use the metrics established and tracked under paragraph 
     (1) to generate data on an ongoing basis and to measure 
     progress toward the achievement of the performance objectives 
     established under subsection (a).
       (3) Report required.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report assessing the 
     extent to which the performance objectives established under 
     subsection (a), as measured by the performance metrics 
     established and tracked under paragraph (1), have been met.
       (B) Elements.--The report required by subparagraph (A) 
     shall include--
       (i) a list of the performance metrics established under 
     paragraph (1), including the length of time for each phase of 
     testing and verification for each type of security 
     technology; and
       (ii) a comparison of the progress achieved for testing and 
     verification of security technology conducted by the TSA and 
     the testing and verification of security technology conducted 
     by third parties.
       (C) Proprietary information.--The report required by 
     subparagraph (A) shall--
       (i) not include identifying information regarding an 
     individual or entity or equipment; and
       (ii) protect proprietary information.

     SEC. 2212. COMPUTED TOMOGRAPHY PILOT PROGRAM.

       Not later than 90 days after the date of enactment of this 
     Act, the Administrator shall carry out a pilot program to 
     test the use of screening equipment using computed tomography 
     technology to screen baggage at passenger screening 
     checkpoints at airports.

     SEC. 2213. NUCLEAR MATERIAL AND EXPLOSIVE DETECTION 
                   TECHNOLOGY.

       The Secretary, in coordination with the Director of the 
     National Institute of Standards and Technology and the head 
     of each relevant Federal department or agency researching 
     nuclear material detection systems or explosive detection 
     systems, shall research, facilitate, and, to the extent 
     practicable, deploy next generation technologies, including 
     active neutron interrogation, to detect nuclear material and 
     explosives in transportation systems and transportation 
     facilities.

                    Subtitle B--Public Area Security

     SEC. 2221. THIRD PARTY CANINES.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, to enhance the efficiency and efficacy 
     of transportation security by increasing the supply of canine 
     teams for use by the TSA and transportation stakeholders, the 
     Administrator shall develop and issue standards that a third 
     party explosives detection canine must satisfy to be 
     certified for the screening of individuals and property, 
     including detection of explosive vapors among individuals and 
     articles of property, in public areas of an airport under 
     section 44901 of title 49, United States Code.
       (b) Augmenting Public Area Security.--
       (1) In general.--The Administrator shall develop guidance 
     on the coordination of development and deployment of 
     explosives detection canine teams for use by transportation 
     stakeholders to enhance public area security at 
     transportation hubs, including airports.
       (2) Consultation.--In developing the guidance under 
     paragraph (1), the Administrator shall consult with such 
     transportation stakeholders, canine providers, law 
     enforcement, and transportation security providers as the 
     Administrator considers relevant.
       (c) Agreement.--Subject to subsections (d), (e), and (f), 
     not later than 180 days after the date of enactment of this 
     Act, the Administrator shall enter into an agreement with at 
     least 1 third party to test and certify the capabilities of 
     canines in accordance with the standards under subsection 
     (a).
       (d) Expedited Deployment.--In entering into an agreement 
     under subsection (c), the Administrator shall use--
       (1) the other transaction authority under section 114(m) of 
     title 49, United States Code; or
       (2) such other authority of the Administrator as the 
     Administrator considers appropriate to expedite the 
     deployment of additional canine teams.
       (e) Process.--Before entering into an agreement under 
     subsection (c), the Administrator shall--
       (1) evaluate and verify the third party's ability to 
     effectively evaluate the capabilities of canines;
       (2) designate at least 3 evaluation centers to which 
     vendors may send canines for testing and certification by the 
     third party; and
       (3) periodically assess the program at evaluation centers 
     to ensure the proficiency of the canines beyond the initial 
     testing and certification by the third party.
       (f) Consultation.--To determine best practices for the use 
     of third parties to test and certify the capabilities of 
     canines, the Administrator shall consult with the following 
     persons before entering into an agreement under subsection 
     (c):
       (1) The Secretary of State.
       (2) The Secretary of Defense.
       (3) Non-profit organizations that train, certify, and 
     provide the services of canines for various purposes.
       (4) Institutions of higher education with research programs 
     related to use of canines for the screening of individuals 
     and property, including detection of explosive vapors among 
     individuals and articles of property.
       (g) Third Party Explosives Detection Canine Provider 
     List.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop and 
     maintain a list of the names of each third party from which 
     the TSA procures explosive detection canines, including for 
     each such third party the relevant contractual period of 
     performance.
       (2) Distribution.--The Administrator shall make the list 
     under paragraph (1) available to appropriate transportation 
     stakeholders in such form and manner as the Administrator 
     prescribes.
       (h) Oversight.--The Administrator shall establish a process 
     to ensure appropriate oversight of the certification program 
     and compliance with the standards under subsection (a), 
     including periodic audits of participating third parties.
       (i) Authorization.--
       (1) TSA.--The Administrator shall develop and implement a 
     process for the TSA to procure third party explosives 
     detection canines certified under this section.
       (2) Aviation stakeholders.--
       (A) In general.--The Administrator shall authorize an 
     aviation stakeholder, under the oversight of and in 
     coordination with the Federal Security Director at an 
     applicable airport, to contract with, procure or purchase, 
     and deploy one or more third party explosives detection 
     canines certified under this section to augment public area 
     security at that airport.
       (B) Applicable large hub airports.--
       (i) In general.--Notwithstanding any law to the contrary 
     and subject to the other provisions of this paragraph, an 
     applicable large hub airport may provide a certified canine 
     described in subparagraph (A) on an in-kind basis to the TSA 
     to be deployed as a passenger screening canine at that 
     airport unless the applicable large hub airport consents to 
     the use of that certified canine elsewhere.
       (ii) Nondeployable canines.--Any certified canine provided 
     to the TSA under clause (i) that does not complete training 
     for deployment under that clause shall be the responsibility 
     of the large hub airport unless the TSA agrees to a different 
     outcome.
       (C) Handlers.--Not later than 30 days before an applicable 
     large hub airport begins training a certified canine under 
     subparagraph (B), the airport shall notify the TSA of such 
     training and the Administrator shall assign a TSA canine 
     handler to participate in the training with that canine, as 
     appropriate.
       (D) Limitation.--The Administrator may not reduce the 
     staffing allocation model for an applicable large hub airport 
     based on that airport's provision of a certified canine under 
     this paragraph.
       (j) Definitions.--In this section:
       (1) Applicable large hub airport.--The term ``applicable 
     large hub airport'' means a large hub airport (as defined in 
     section 40102 of title 49, United States Code) that has less 
     than 100 percent of the allocated passenger screening canine 
     teams staffed by the TSA.
       (2) Aviation stakeholder.--The term ``aviation 
     stakeholder'' includes an airport, airport operator, and air 
     carrier.

     SEC. 2222. TRACKING AND MONITORING OF CANINE TRAINING AND 
                   TESTING.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator shall use, to the extent practicable, 
     a digital monitoring system for all training, testing, and 
     validation or certification of public and private canine 
     assets utilized or funded by the TSA to facilitate improved 
     review, data analysis, and record keeping of canine testing 
     performance and program administration.

     SEC. 2223. VIPR TEAM STATISTICS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall notify the appropriate committees of 
     Congress of the number of VIPR teams available for deployment 
     at transportation facilities, including--
       (1) the number of VIPR team operations that include 
     explosive detection canine teams; and
       (2) the distribution of VIPR team operations deployed 
     across different modes of transportation.
       (b) Annex.--The notification under subsection (a) may 
     contain a classified annex.
       (c) Definition of VIPR Team.--In this section, the term 
     ``VIPR'' means a Visible Intermodal Prevention and Response 
     team authorized under section 1303 of the National Transit 
     Systems Security Act of 2007 (6 U.S.C. 1112).

     SEC. 2224. PUBLIC AREA BEST PRACTICES.

       (a) In General.--The Administrator shall, in accordance 
     with law and as received or developed, periodically submit 
     information, on any best practices developed by the TSA or 
     appropriate transportation stakeholders related to protecting 
     the public spaces of transportation infrastructure from 
     emerging threats, to the following:
       (1) Federal Security Directors at airports.
       (2) Appropriate security directors for other modes of 
     transportation.
       (3) Other appropriate transportation security stakeholders.
       (b) Information Sharing.--The Administrator shall, in 
     accordance with law--
       (1) in coordination with the Office of the Director of 
     National Intelligence and industry partners, implement 
     improvements to the Air Domain Intelligence and Analysis

[[Page S3827]]

     Center to encourage increased participation from stakeholders 
     and enhance government and industry security information 
     sharing on transportation security threats, including on 
     cybersecurity threat awareness;
       (2) expand and improve the City and Airport Threat 
     Assessment or similar program to public and private 
     stakeholders to capture, quantify, communicate, and apply 
     applicable intelligence to inform transportation 
     infrastructure mitigation measures, such as--
       (A) quantifying levels of risk by airport that can be used 
     to determine risk-based security mitigation measures at each 
     location;
       (B) determining random and surge employee inspection 
     operations based on changing levels of risk; and
       (C) targeting any high-risk employee groups and specific 
     points of risk within the airport perimeter for such 
     mitigation measures as random inspections;
       (3) continue to disseminate Transportation Intelligence 
     Notes, tear-lines, and related intelligence products to 
     appropriate transportation security stakeholders on a regular 
     basis; and
       (4) continue to conduct both regular routine and threat-
     specific classified briefings between the TSA and appropriate 
     transportation sector stakeholders on an individual or group 
     basis to provide greater information sharing between public 
     and private sectors.
       (c) Mass Notification.--The Administrator shall encourage 
     security stakeholders to utilize mass notification systems, 
     including the Integrated Public Alert Warning System of the 
     Federal Emergency Management Agency and social media 
     platforms, to disseminate information to transportation 
     community employees, travelers, and the general public, as 
     appropriate.
       (d) Public Awareness Programs.--The Secretary, in 
     coordination with the Administrator, shall expand public 
     programs of the Department of Homeland Security and the TSA 
     that increase security threat awareness, education, and 
     training to include transportation network public area 
     employees, including airport and transportation vendors, 
     local hotels, cab and limousine companies, ridesharing 
     companies, cleaning companies, gas station attendants, cargo 
     operators, and general aviation members.
       (e) Aviation Employee Vetting.--The Administrator shall 
     allow an air carrier, airport, or airport operator, in 
     addition to any background check required for initial 
     employment, to utilize the Federal Bureau of Investigation's 
     Rap Back Service and other vetting tools as appropriate, 
     including the No-Fly and Selectee lists, to get immediate 
     notification of any criminal activity relating to an employee 
     with access to an airport or its perimeter, regardless of 
     whether the employee is seeking access to a public or secured 
     area of the airport.

     SEC. 2225. LAW ENFORCEMENT OFFICER REIMBURSEMENT PROGRAM.

       (a) In General.--In accordance with section 44903(c)(1) of 
     title 49, United States Code, the Administrator shall 
     increase the number of awards, and the total funding amount 
     of each award, under the Law Enforcement Officer 
     Reimbursement Program--
       (1) to increase the presence of law enforcement officers in 
     the public areas of airports, including baggage claim, ticket 
     counters, and nearby roads;
       (2) to increase the presence of law enforcement officers at 
     screening checkpoints;
       (3) to reduce the response times of law enforcement 
     officers during security incidents; and
       (4) to provide visible deterrents to potential terrorists.
       (b) Cooperation by Administrator.--In carrying out 
     subsection (a), the Administrator shall use the authority 
     provided to the Administrator under section 114(m) of title 
     49, United States Code, that is the same authority as is 
     provided to the Administrator of the Federal Aviation 
     Administration under section 106(m) of that title.
       (c) Administrative Burdens.--The Administrator shall review 
     the regulations and compliance policies related to the Law 
     Enforcement Officer Reimbursement Program and, if necessary, 
     revise such regulations and policies to reduce any 
     administrative burdens on applicants or recipients of such 
     awards.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out section 44901(h) of title 49, 
     United States Code, $55,000,000 for each of fiscal years 2019 
     through 2021.

                Subtitle C--Passenger and Cargo Security

     SEC. 2231. PRECHECK PROGRAM.

       (a) In General.--Section 44919 is amended to read as 
     follows:

     ``Sec. 44919. PreCheck Program

       ``(a) In General.--The Administrator of the Transportation 
     Security Administration shall continue to administer the 
     PreCheck Program in accordance with section 109(a)(3) of the 
     Aviation and Transportation Security Act (49 U.S.C. 114 
     note).
       ``(b) Expansion.--Not later than 180 days after the date of 
     enactment of the TSA Modernization Act, the Administrator 
     shall enter into an agreement, using other transaction 
     authority under section 114(m) of this title, with at least 2 
     private sector entities to increase the methods and 
     capabilities available for the public to enroll in the 
     PreCheck Program.
       ``(c) Minimum Capability Requirements.--At least 1 
     agreement under subsection (b) shall include the following 
     capabilities:
       ``(1) Start-to-finish secure online or mobile enrollment 
     capability.
       ``(2) Vetting of an applicant by means other than 
     biometrics, such as a risk assessment, if--
       ``(A) such means--
       ``(i) are evaluated and certified by the Secretary of 
     Homeland Security;
       ``(ii) meet the definition of a qualified anti-terrorism 
     technology under section 865 of the Homeland Security Act of 
     2002 (6 U.S.C. 444); and
       ``(iii) are determined by the Administrator to provide a 
     risk assessment that is as effective as a fingerprint-based 
     criminal history records check conducted through the Federal 
     Bureau of Investigation with respect to identifying 
     individuals who are not qualified to participate in the 
     PreCheck Program due to disqualifying criminal history; and
       ``(B) with regard to private sector risk assessments, the 
     Secretary has certified that reasonable procedures are in 
     place with regard to the accuracy, relevancy, and proper 
     utilization of information employed in such risk assessments.
       ``(d) Additional Capability Requirements.--At least 1 
     agreement under subsection (b) shall include the following 
     capabilities:
       ``(1) Start-to-finish secure online or mobile enrollment 
     capability.
       ``(2) Vetting of an applicant by means of biometrics if the 
     collection--
       ``(A) is comparable with the appropriate and applicable 
     standards developed by the National Institute of Standards 
     and Technology;
       ``(B) protects privacy and data security, including that 
     any personally identifiable information is collected, 
     retained, used, and shared in a manner consistent with 
     section 552a of title 5, United States Code (commonly known 
     as `Privacy Act of 1974'), and with agency regulations; and
       ``(C) is evaluated and certified by the Secretary of 
     Homeland Security.
       ``(e) Target Enrollment.--Subject to subsections (b), (c), 
     and (d), the Administrator shall take actions to expand the 
     total number of individuals enrolled in the PreCheck Program 
     as follows:
       ``(1) 7,000,000 passengers before October 1, 2019.
       ``(2) 10,000,000 passengers before October 1, 2020.
       ``(3) 15,000,000 passengers before October 1, 2021.
       ``(f) Marketing of PreCheck Program.--Not later than 90 
     days after the date of enactment of the TSA Modernization 
     Act, the Administrator shall--
       ``(1) enter into at least 2 agreements, using other 
     transaction authority under section 114(m) of this title, to 
     market the PreCheck Program; and
       ``(2) implement a long-term strategy for partnering with 
     the private sector to encourage enrollment in such program.
       ``(g) Identity Verification Enhancement.--The Administrator 
     shall--
       ``(1) coordinate with the heads of appropriate components 
     of the Department to leverage Department-held data and 
     technologies to verify the identity and citizenship of 
     individuals enrolling in the PreCheck Program;
       ``(2) partner with the private sector to use biometrics and 
     authentication standards, such as relevant standards 
     developed by the National Institute of Standards and 
     Technology, to facilitate enrollment in the program; and
       ``(3) consider leveraging the existing resources and 
     abilities of airports to collect fingerprints for use in 
     background checks to expedite identity verification.
       ``(h) PreCheck Program Lanes Operation.--The Administrator 
     shall--
       ``(1) ensure that PreCheck Program screening lanes are open 
     and available during peak and high-volume travel times at 
     appropriate airports to individuals enrolled in the PreCheck 
     Program; and
       ``(2) make every practicable effort to provide expedited 
     screening at standard screening lanes during times when 
     PreCheck Program screening lanes are closed to individuals 
     enrolled in the program in order to maintain operational 
     efficiency.
       ``(i) Vetting for PreCheck Program Participants.--The 
     Administrator shall initiate an assessment to identify any 
     security vulnerabilities in the vetting process for the 
     PreCheck Program, including determining whether subjecting 
     PreCheck Program participants to recurrent fingerprint-based 
     criminal history records checks, in addition to recurrent 
     checks against the terrorist watchlist, could be done in a 
     cost-effective manner to strengthen the security of the 
     PreCheck Program.
       ``(j) Assurance of Separate Program.--In carrying out this 
     section, the Administrator shall ensure that the additional 
     private sector application capabilities under subsections 
     (b), (c), and (d) are undertaken in addition to any other 
     related TSA program, initiative, or procurement, including 
     the Universal Enrollment Services program.
       ``(k) Expenditure of Funds.--Any Federal funds expended by 
     the Administrator to expand PreCheck Program enrollment shall 
     be expended in a manner that includes the requirements of 
     this section.''.
       (b) Technical and Conforming Amendments.--
       (1) Repeal.--Subtitle A of title III of the FAA Extension, 
     Safety, and Security Act of 2016 (49 U.S.C. 44901 note) and 
     the items relating to that subtitle in the table of contents 
     of that Act are repealed.
       (2) Table of contents.--The table of contents of chapter 
     449 is amended by amending

[[Page S3828]]

     the item relating to section 44919 to read as follows:

``44919. PreCheck Program.''.

       (3) Screening passengers and property.--Section 44901(a) is 
     amended by striking ``44919 or''.

     SEC. 2232. TRUSTED TRAVELER PROGRAMS; COLLABORATION.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator, in consultation with the Commissioner 
     of U.S. Customs and Border Protection, shall--
       (1) review each trusted traveler program administered by 
     U.S. Customs and Border Protection and the PreCheck Program;
       (2) identify any improvements that can be made to such 
     programs--
       (A) to streamline and integrate the requirements and 
     operations of such programs to reduce administrative burdens, 
     including applications for inclusion and determining whether 
     a valid credential can satisfy the requirements for another 
     credential;
       (B) to increase information and data sharing across such 
     programs; and
       (C) to allow the public to access and link to the 
     applications for enrollment in all of such programs from 1 
     online portal;
       (3) identify any law, including regulations, policy, or 
     procedure that may unnecessarily inhibit collaboration among 
     Department of Homeland Security agencies regarding such 
     programs or implementation of the improvements identified 
     under paragraph (2);
       (4) recommend any legislative, administrative, or other 
     actions that can be taken to eliminate any unnecessary 
     barriers to collaboration or implementation identified in 
     paragraph (3); and
       (5) submit to the appropriate committees of Congress a 
     report on the review, including any unnecessary barriers to 
     collaboration or implementation identified under paragraph 
     (3), and any recommendations under paragraph (4).

     SEC. 2233. PASSENGER SECURITY FEE.

       Section 44940(c) is amended by adding at the end the 
     following:
       ``(3) Offsetting collections.--Beginning on October 1, 
     2025, fees collected under subsection (a)(1) for any fiscal 
     year shall be credited as offsetting collections to 
     appropriations made for aviation security measures carried 
     out by the Transportation Security Administration, to remain 
     available until expended.''.

     SEC. 2234. THIRD PARTY CANINE TEAMS FOR AIR CARGO SECURITY.

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

     SEC. 2235. KNOWN SHIPPER PROGRAM REVIEW.

       The Administrator shall direct the Air Cargo Subcommittee 
     of ASAC--
       (1) to conduct a comprehensive review and security 
     assessment of the Known Shipper Program;
       (2) to recommend whether the Known Shipper Program should 
     be modified or eliminated considering the full implementation 
     of 100 percent screening under section 44901(g) of title 49, 
     United States Code; and
       (3) to report its findings and recommendations to the 
     Administrator.

     SEC. 2236. SCREENING PARTNERSHIP PROGRAM UPDATES.

       (a) Security Screening Opt-Out Program.--Section 44920 is 
     amended--
       (1) in the heading by striking ``Security screening opt-out 
     program'' and inserting ``Screening partnership program'';
       (2) by amending subsection (a) to read as follows:
       ``(a) In General.--An operator of an airport, airport 
     terminal, or airport security checkpoint may submit to the 
     Administrator of the Transportation Security Administration 
     an application to carry out the screening of passengers and 
     property at the airport under section 44901 by personnel of a 
     qualified private screening company pursuant to a contract 
     with the Transportation Security Administration.'';
       (3) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Not later than 30 days after the date of 
     receipt of an application submitted by an operator of an 
     airport, airport terminal, or airport security checkpoint 
     under subsection (a), the Administrator shall approve or deny 
     the application.''; and
       (B) in paragraphs (2) and (3), by striking ``Under 
     Secretary'' each place it appears and inserting 
     ``Administrator'';
       (4) in subsection (d)--
       (A) in the heading, by striking ``Standards'' inserting 
     ``Selection of Contracts and Standards'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) in paragraph (1)--
       (i) by striking ``The Under Secretary may enter'' and all 
     that follows through ``certifies to Congress that--'' and 
     inserting ``The Administrator shall, upon approval of the 
     application, provide each operator of an airport, airport 
     terminal, or airport security checkpoint with a list of 
     qualified private screening companies.''; and
       (ii) by inserting before subparagraphs (A) and (B) the 
     following:
       ``(2) Contracts.--Not later than 90 days after the 
     selection of a qualified private screening company by the 
     operator, the Administrator shall enter into a contract with 
     such company for the provision of screening at the airport, 
     airport terminal, or airport security checkpoint if--''; and
       (D) in paragraph (2), as redesignated--
       (i) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (B)--

       (I) by striking ``Under Secretary'' and inserting 
     ``Administrator''; and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (iii) by adding at the end the following:
       ``(C) the selected qualified private screening company 
     offered contract price is equal to or less than the cost to 
     the Federal Government to provide screening services at the 
     airport, airport terminal, or airport security checkpoint.''; 
     and
       (E) in paragraph (3), as redesignated--
       (i) by striking ``paragraph (1)(B)'' and inserting 
     ``paragraph (2)(B)''; and
       (ii) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator'';
       (5) in subsection (e)--
       (A) in the heading, by striking ``Screened'' and inserting 
     ``Screening'';
       (B) by striking the period at the end and inserting ``; 
     and'';
       (C) by striking ``The Under Secretary shall'' and inserting 
     ``The Administrator shall--'';
       (D) by inserting ``(1)'' before ``provide Federal 
     Government'' and indenting appropriately; and
       (E) by adding at the end the following:
       ``(2) undertake covert testing and remedial training 
     support for employees of private screening companies 
     providing screening at airports.'';
       (6) in subsection (f)--
       (A) in the heading, by inserting ``or Suspension'' after 
     ``Termination'';
       (B) by striking ``terminate'' and inserting ``suspend or 
     terminate, as appropriate,''; and
       (C) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (7) by striking subsection (h).
       (b) Applications Submitted Before the Date of Enactment.--
     Not later than 30 days after the date of enactment of this 
     Act, the Administrator shall approve or deny, in accordance 
     with section 44920(b) of title 49, United States Code, as 
     amended by this Act, each application submitted before the 
     date of enactment of this Act, by an airport operator under 
     subsection (a) of that section, that is awaiting such a 
     determination.

     SEC. 2237. SCREENING PERFORMANCE ASSESSMENTS.

       Subject to part 1520 of title 49, Code of Federal 
     Regulations, the Administrator shall quarterly make available 
     to the airport director of an airport--
       (1) an assessment of the screening performance of that 
     airport compared to the mean average performance of all 
     airports in the equivalent airport category for screening 
     performance data; and
       (2) a briefing on the results of performance data reports, 
     including--
       (A) a scorecard of objective metrics developed by the 
     Office of Security Operations to

[[Page S3829]]

     measure screening performance, such as results of annual 
     proficiency reviews and covert testing, at the appropriate 
     level of classification; and
       (B) other performance data, including--
       (i) passenger throughput;
       (ii) wait times; and
       (iii) employee attrition, absenteeism, injury rates, and 
     any other human capital measures collected by TSA.

     SEC. 2238. TSA ACADEMY REVIEW.

       (a) Review.--Not later than 270 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) conduct an assessment of the efficiency and 
     effectiveness of the new-hire TSA Academy at training airport 
     security personnel compared to when such training of 
     transportation security officers was conducted at local 
     airports; and
       (2) submit to the appropriate committees of Congress a 
     report on the findings of the assessment and any 
     recommendations to maximize the efficiency and effectiveness 
     of training for airport security personnel.
       (b) Contents.--The assessment shall--
       (1) include a cost-benefit analysis of training new 
     Transportation Security Officer and Screening Partnership 
     Program contractor hires at the TSA Academy compared to when 
     such training of transportation security officers was 
     conducted at local airports;
       (2) examine the impact on performance, professionalism, and 
     retention rates of Transportation Security Officer and 
     Screening Partnership Program contractor employees since the 
     new training protocols at the TSA Academy have been put in 
     place compared to when training was conducted at local 
     airports; and
       (3) examine whether new hire training at the TSA Academy 
     has had any impact on the airports and companies that 
     participate in the Screening Partnership Program.

     SEC. 2239. IMPROVEMENTS FOR SCREENING OF DISABLED PASSENGERS.

       (a) Revised Training.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator, in consultation 
     with nationally-recognized veterans and disability 
     organizations, shall revise the training requirements for 
     Transportation Security Officers related to the screening of 
     disabled passengers, including disabled passengers who 
     participate in the PreCheck program.
       (2) Training specifications.--In revising the training 
     requirements under paragraph (1), the Administrator shall 
     address the proper screening, and any particular 
     sensitivities related to the screening, of a disabled 
     passenger traveling with--
       (A) a medical device, including an indwelling medical 
     device;
       (B) a prosthetic;
       (C) a wheelchair, walker, scooter, or other mobility 
     device; or
       (D) a service animal.
       (3) Training frequency.--The Administrator shall implement 
     the revised training under paragraph (1) during initial and 
     recurrent training of all Transportation Security Officers.
       (b) Best Practices.--The individual at the TSA responsible 
     for civil rights, liberties, and traveler engagement shall--
       (1) record each complaint from a disabled passenger 
     regarding the screening practice of the TSA;
       (2) identify the most frequent concerns raised, or 
     accommodations requested, in the complaints;
       (3) determine the best practices for addressing the 
     concerns and requests identified in paragraph (2); and
       (4) recommend appropriate training based on such best 
     practices.
       (c) Signage.--At each category X airport, the TSA shall 
     place signage at each security checkpoint that--
       (1) specifies how to contact the appropriate TSA employee 
     at the airport designated to address complaints of screening 
     mistreatment based on disability; and
       (2) describes how to receive assistance from that 
     individual or other qualified personnel at the security 
     screening checkpoint.
       (d) Reports to Congress.--Not later than September 30 of 
     the first full fiscal year after the date of enactment of 
     this Act, and each fiscal year thereafter, the Administrator 
     shall submit to the appropriate committees of Congress a 
     report on the checkpoint experiences of disabled passengers, 
     including the following:
       (1) The number and most frequent types of disability-
     related complaints received.
       (2) The best practices recommended under subsection (b) to 
     address the top areas of concern.
       (3) The estimated wait times for assist requests for 
     disabled passengers, including disabled passengers who 
     participate in the PreCheck program.

     SEC. 2240. AIR CARGO ADVANCE SCREENING PROGRAM.

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

     SEC. 2241. GENERAL AVIATION AIRPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Securing General Aviation and Charter Air Carrier Service 
     Act''.
       (b) Advanced Passenger Prescreening System.--Not later than 
     120 days after the date of enactment of this Act, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the status of the deployment of the 
     advanced passenger prescreening system, and access thereto 
     for certain aircraft charter operators, as required by 
     section 44903(j)(2)(E) of title 49, United States Code, 
     including--

[[Page S3830]]

       (1) the reasons for the delay in deploying the system; and
       (2) a detailed schedule of actions necessary for the 
     deployment of the system.
       (c) Screening Services Other Than in Primary Passenger 
     Terminals.--
       (1) In general.--Subject to the provisions of this 
     subsection, the Administrator may provide screening services 
     to a charter air carrier in an area other than the primary 
     passenger terminal of an applicable airport.
       (2) Requests.--A request for screening services under 
     paragraph (1) shall be made at such time, in such form, and 
     in such manner as the Administrator may require, except that 
     the request shall be made to the Federal Security Director 
     for the applicable airport at which the screening services 
     are requested.
       (3) Availability.--A Federal Security Director may provide 
     requested screening services under this section if the 
     Federal Security Director determines such screening services 
     are available.
       (4) Agreements.--
       (A) Limitation.--No screening services may be provided 
     under this section unless a charter air carrier agrees in 
     writing to compensate the TSA for all reasonable costs, 
     including overtime, of providing the screening services.
       (B) Payments.--Notwithstanding section 3302 of title 31, 
     United States Code, payment received under subparagraph (A) 
     shall be credited to the account that was used to cover the 
     cost of providing the screening services. Amounts so credited 
     shall be merged with amounts in that account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as other amounts in that account.
       (5) Definitions.--In this subsection:
       (A) Applicable airport.--The term ``applicable airport'' 
     means an airport that--
       (i) is not a commercial service airport; and
       (ii) is receiving screening services for scheduled 
     passenger aircraft.
       (B) Charter air carrier.--The term ``charter air carrier'' 
     has the meaning given the term in section 40102 of title 49, 
     United States Code.
       (C) Screening services.--The term ``screening services'' 
     means the screening of passengers and property similar to the 
     screening of passengers and property described in section 
     44901 of title 49, United States Code.
       (d) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the ASAC, shall, consistent with the requirements of 
     paragraphs (6) and (7) of section 44946(b) of title 49, 
     United States Code, submit to the appropriate Committees of 
     Congress an implementation plan, including an implementation 
     schedule, for any of the following recommendations that were 
     adopted by the ASAC and with which the Administrator has 
     concurred before the date of the enactment of this Act:
       (1) The recommendation regarding general aviation access to 
     Ronald Reagan Washington National Airport, as adopted on 
     February 17, 2015.
       (2) The recommendation regarding the vetting of persons 
     seeking flight training in the United States, as adopted on 
     July 28, 2016.
       (3) Any other such recommendations relevant to the security 
     of general aviation adopted before the date of the enactment 
     of this Act.
       (e) Designated Staffing.--The Administrator may designate 1 
     or more full-time employees of the TSA to liaise with, and 
     respond to issues raised by, general aviation stakeholders.
       (f) Security Enhancements.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the ASAC, shall submit to the appropriate 
     committees of Congress a report on the feasibility of 
     requiring a security threat assessment before an individual 
     could obtain training from a private flight school to operate 
     an aircraft having a maximum certificated takeoff weight of 
     more than 12,500 pounds.

                  Subtitle D--Foreign Airport Security

     SEC. 2251. LAST POINT OF DEPARTURE AIRPORTS; SECURITY 
                   DIRECTIVES.

       (a) Notice and Consultation.--
       (1) In general.--The Administrator shall, to the maximum 
     extent practicable, consult and notify the following 
     stakeholders prior to making changes to security standards 
     via security directives and emergency amendments for last 
     points of departure:
       (A) Trade association representatives, for affected air 
     carriers and airports, who hold the appropriate security 
     clearances.
       (B) The head of each relevant Federal department or agency, 
     including the Administrator of the Federal Aviation 
     Administration.
       (2) Transmittal to congress.--Not later than 3 days after 
     the date that the Administrator issues a security directive 
     or emergency amendment for a last point of departure, the 
     Administrator shall transmit to the appropriate committees of 
     Congress a description of the extent to which the 
     Administrator consulted and notified the stakeholders under 
     paragraph (1).
       (b) GAO Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall review the effectiveness of the TSA process to 
     update, consolidate, or revoke security directives, emergency 
     amendments, and other policies related to international 
     aviation security at last point of departure airports and 
     submit to the appropriate committees of Congress and the 
     Administrator a report on the findings and recommendations.
       (2) Contents.--In conducting the review under paragraph 
     (1), the Comptroller General shall--
       (A) review current security directives, emergency 
     amendments, and any other policies related to international 
     aviation security at last point of departure airports;
       (B) review the extent of intra-agency and interagency 
     coordination, stakeholder outreach, coordination, and 
     feedback; and
       (C) review TSA's process and criteria for, and 
     implementation of, updating or revoking the policies 
     described in subparagraph (A).
       (c) Rescreening.--Subject to section 44901(d)(4)(c) of 
     title 49, United States Code, upon discovery of specific 
     threat intelligence, the Administrator shall immediately 
     direct TSA personnel to rescreen passengers and baggage 
     arriving from an airport outside the United States and 
     identify enhanced measures that should be implemented at that 
     airport.
       (d) Notification to Congress.--Not later than 1 day after 
     the date that the Administrator determines that a foreign air 
     carrier is in violation of part 1546 of title 49, Code of 
     Federal Regulations, or any other applicable security 
     requirement, the Administrator shall notify the appropriate 
     committees of Congress.
       (e) Decisions Not Subject to Judicial Review.--
     Notwithstanding any other provision of law, any decision of 
     the Administrator under subsection (a)(1) relating to 
     consultation or notification shall not be subject to judicial 
     review.

     SEC. 2252. TRACKING SECURITY SCREENING EQUIPMENT FROM LAST 
                   POINT OF DEPARTURE AIRPORTS.

       (a) Donation of Screening Equipment To Protect the United 
     States.--Chapter 449 is amended--
       (1) in subchapter I, by adding at the end the following:

     ``Sec. 44929. Donation of screening equipment to protect the 
       United States

       ``(a) In General.--Subject to subsection (b), the 
     Administrator is authorized to donate security screening 
     equipment to a foreign last point of departure airport 
     operator if such equipment can be reasonably expected to 
     mitigate a specific vulnerability to the security of the 
     United States or United States citizens.
       ``(b) Conditions.--Before donating any security screening 
     equipment to a foreign last point of departure airport 
     operator the Administrator shall--
       ``(1) ensure that the screening equipment has been restored 
     to commercially available settings;
       ``(2) ensure that no TSA-specific security standards or 
     algorithms exist on the screening equipment; and
       ``(3) verify that the appropriate officials have an 
     adequate system--
       ``(A) to properly maintain and operate the screening 
     equipment; and
       ``(B) to document and track any removal or disposal of the 
     screening equipment to ensure the screening equipment does 
     not come into the possession of terrorists or otherwise pose 
     a risk to security.
       ``(c) Reports.--Not later than 30 days before any donation 
     of security screening equipment under subsection (a), the 
     Administrator shall provide to the Committee on Commerce, 
     Science, and Transportation and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a detailed written explanation of the 
     following:
       ``(1) The specific vulnerability to the United States or 
     United States citizens that will be mitigated by such 
     donation.
       ``(2) An explanation as to why the recipient of such 
     donation is unable or unwilling to purchase security 
     screening equipment to mitigate such vulnerability.
       ``(3) An evacuation plan for sensitive technologies in case 
     of emergency or instability in the country to which such 
     donation is being made.
       ``(4) How the Administrator will ensure the security 
     screening equipment that is being donated is used and 
     maintained over the course of its life by the recipient.
       ``(5) The total dollar value of such donation.
       ``(6) How the appropriate officials will document and track 
     any removal or disposal of the screening equipment by the 
     recipient to ensure the screening equipment does not come 
     into the possession of terrorists or otherwise pose a risk to 
     security.''; and
       (2) in the table of contents, by inserting after the item 
     relating to section 44928 the following:

``44929. Donation of screening equipment to protect the United 
              States.''.

       (b) Technical and Conforming Amendments.--Section 3204 of 
     the Aviation Security Act of 2016 (49 U.S.C. 44901 note) and 
     the item relating to that section in the table of contents of 
     that Act are repealed.
       (c) Raising International Standards.--Not later than 90 
     days after the date of enactment of this Act, the 
     Administrator shall collaborate with other aviation 
     authorities and the United States Ambassador or the Charge 
     d'Affaires to the United States Mission to the International 
     Civil Aviation Organization, as applicable, to advance a 
     global standard for each international airport to document 
     and track the removal and disposal of any security screening 
     equipment to ensure the screening equipment does not come 
     into the possession of terrorists or otherwise pose a risk to 
     security.

[[Page S3831]]

  


     SEC. 2253. INTERNATIONAL SECURITY STANDARDS.

       (a) Global Aviation Security Review.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator, in coordination 
     with the Commissioner of the U.S. Customs and Border 
     Protection, the Director of the Office of International 
     Engagement of the Department of Homeland Security, and the 
     Secretary of State, shall conduct a global aviation security 
     review to improve aviation security standards, including 
     standards intended to mitigate cybersecurity threats, across 
     the global aviation system.
       (2) Best practices.--The global aviation security review 
     shall establish best practices regarding the following:
       (A) Collaborating with foreign partners to improve global 
     aviation security capabilities and standards.
       (B) Identifying foreign partners that--
       (i) have not successfully implemented security protocols 
     from the International Civil Aviation Organization or the 
     Department of Homeland Security; and
       (ii) have not taken steps to implement such security 
     protocols;
       (C) Improving the development, outreach, and implementation 
     process for security directives or emergency amendments 
     issued to domestic and foreign air carriers.
       (D) Assessing the cybersecurity risk of security screening 
     equipment.
       (b) Notification.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the United States Ambassador to the International Civil 
     Aviation Organization, shall notify the Committee on 
     Commerce, Science, and Transportation and the Committee on 
     Foreign Relations of the Senate, and the Committee on 
     Homeland Security and the Committee on Foreign Affairs of the 
     House of Representatives of the progress of the review under 
     subsection (a) and any proposed international improvements to 
     aviation security.
       (c) ICAO.--Subject to subsection (a), the Administrator and 
     Ambassador shall take such action at the International Civil 
     Aviation Organization as the Administrator and Ambassador 
     consider necessary to advance aviation security improvement 
     proposals, including if practicable, introducing a resolution 
     to raise minimum standards for aviation security.
       (d) Briefings to Congress.--Beginning not later than 180 
     days after the date of enactment of this Act, and 
     periodically thereafter, the Administrator, in consultation 
     with the Ambassador with respect to subsection (c), shall 
     brief the Committee on Commerce, Science, and Transportation 
     and the Committee on Foreign Relations of the Senate, and the 
     Committee on Homeland Security and the Committee on Foreign 
     Affairs of the House of Representatives on the implementation 
     of subsections (a) and (b).

                 Subtitle E--Cockpit and Cabin Security

     SEC. 2261. FEDERAL AIR MARSHAL SERVICE UPDATES.

       (a) Standardization.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     standard written agreement that shall be the basis of all 
     negotiations and agreements that begin after the date of 
     enactment of this Act between the United States and foreign 
     governments or partners regarding the presence of Federal air 
     marshals on flights to and from the United States, including 
     deployment, technical assistance, and information sharing.
       (2) Written agreements.--Except as provided in paragraph 
     (3), not later than 180 days after the date of enactment of 
     this Act, all agreements between the United States and 
     foreign governments or partners regarding the presence of 
     Federal air marshals on flights to and from the United States 
     shall be in writing and signed by the Administrator or other 
     authorized United States Government representative.
       (3) Exception.--The Administrator may schedule Federal air 
     marshal service on flights operating to a foreign country 
     with which no written agreement is in effect if the 
     Administrator determines that--
       (A) such mission is necessary for aviation security; and
       (B) the requirements of paragraph (4)(B) are met.
       (4) Notification to congress.--
       (A) Written agreements.--Not later than 30 days after the 
     date that the Administrator enters into a written agreement 
     under this section, the Administrator shall transmit to the 
     appropriate committees of Congress a copy of the agreement.
       (B) No written agreements.--The Administrator shall submit 
     to the appropriate committees of Congress--
       (i) not later than 30 days after the date of enactment of 
     this Act, a list of each foreign government or partner that 
     does not have a written agreement under this section, 
     including an explanation for why no written agreement exists 
     and a justification for the determination that such a mission 
     is necessary for aviation security; and
       (ii) not later than 30 days after the date that the 
     Administrator makes a determination to schedule Federal air 
     marshal service on flights operating to a foreign country 
     with which no written agreement is in effect under paragraph 
     (3), the name of the applicable foreign government or 
     partner, an explanation for why no written agreement exists, 
     and a justification for the determination that such mission 
     is necessary for aviation security.
       (b) Mission Scheduling Automation.--The Administrator shall 
     endeavor to acquire automated capabilities or technologies 
     for scheduling Federal air marshal service missions based on 
     current risk modeling.
       (c) Improving Federal Air Marshal Service Deployments.--
       (1) After-action reports.--The Administrator shall 
     strengthen internal controls to ensure that all after-action 
     reports on Federal air marshal service special mission 
     coverage provided to stakeholders include documentation of 
     supervisory review and approval, and mandatory narratives.
       (2) Study.--The Administrator shall contract with an 
     independent entity to conduct a validation and verification 
     study of the risk analysis and risk-based determinations 
     guiding Federal air marshal service deployment, including the 
     use of risk-based strategies under subsection (d).
       (3) Cost-benefit analysis.--The Administrator shall conduct 
     a cost-benefit analysis regarding mitigation of aviation 
     security threats through Federal air marshal service 
     deployment.
       (4) Performance measures.--The Administrator shall improve 
     existing performance measures to better determine the 
     effectiveness of in-flight operations in addressing the 
     highest risk facing aviation transportation.
       (5) Long distance flights.--Section 44917 is amended--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) through (d) as 
     subsections (b) through (c), respectively.
       (d) Use of Risk-based Strategies.--
       (1) In general.--Section 44917(a) is amended--
       (A) in paragraph (7), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(9) shall require the Federal Air Marshal Service to 
     utilize a risk-based strategy when allocating resources 
     between international and domestic flight coverage, including 
     when initially setting its annual target numbers of average 
     daily international and domestic flights to cover;
       ``(10) shall require the Federal Air Marshal Service to 
     utilize a risk-based strategy to support domestic allocation 
     decisions;
       ``(11) shall require the Federal Air Marshal Service to 
     utilize a risk-based strategy to support international 
     allocation decisions; and
       ``(12) shall ensure that the seating arrangements of 
     Federal air marshals on aircraft are determined in a manner 
     that is risk-based and most capable of responding to current 
     threats to aviation security.''.
       (2) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate committees of Congress a report on the Federal 
     Air Marshal Service's compliance with the requirements under 
     paragraphs (9) through (12) of section 44917(a) of title 49, 
     United States Code, as added by this Act, and the documented 
     methodology used by the Federal Air Marshal Service to 
     conduct risk assessments in accordance with such paragraphs.
       (3) Implementation deadline.--Not later than 180 days after 
     the date of enactment of this Act, the Administrator shall 
     begin implementing the requirements under paragraphs (9) 
     through (12) of section 44917(a), United States Code, as 
     added by this Act.

     SEC. 2262. CREW MEMBER SELF-DEFENSE TRAINING.

       The Administrator, in consultation with the Administrator 
     of the Federal Aviation Administration, shall continue to 
     carry out and encourage increased participation by air 
     carrier employees in the voluntary self-defense training 
     program under section 44918(b) of title 49, United States 
     Code.

     SEC. 2263. FLIGHT DECK SAFETY AND SECURITY.

       (a) Threat Assessment.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, shall complete a detailed threat assessment 
     to identify any safety or security risks associated with 
     unauthorized access to the flight decks on commercial 
     aircraft and any appropriate measures that should be taken 
     based on the risks.
       (b) RTCA Report.--The Administrator, in coordination with 
     the Administrator of the Federal Aviation Administration, 
     shall disseminate RTCA Document (DO-329) Aircraft Secondary 
     Barriers and Alternative Flight Deck Security Procedure to 
     aviation stakeholders, including air carriers and flight 
     crew, to convey effective methods and best practices to 
     protect the flight deck.

     SEC. 2264. CARRIAGE OF WEAPONS, EXPLOSIVES, AND INCENDIARIES 
                   BY INDIVIDUALS.

       (a) Interpretive Rule.--Subject to subsections (b) and (c), 
     the Administrator shall periodically review and amend, as 
     necessary, the interpretive rule (68 Fed. Reg. 7444) that 
     provides guidance to the public on the types of property 
     considered to be weapons, explosives, and incendiaries 
     prohibited under section 1540.111 of title 49, Code of 
     Federal Regulations.
       (b) Considerations.--Before determining whether to amend 
     the interpretive rule to include or remove an item from the 
     prohibited list, the Administrator shall--
       (1) research and evaluate--
       (A) the impact, if any, the amendment would have on 
     security risks;

[[Page S3832]]

       (B) the impact, if any, the amendment would have on 
     screening operations, including effectiveness and efficiency; 
     and
       (C) whether the amendment is consistent with international 
     standards and guidance, including of the International Civil 
     Aviation Organization; and
       (2) consult with appropriate aviation security 
     stakeholders, including ASAC.
       (c) Exceptions.--Except for plastic or round bladed butter 
     knives, the Administrator may not amend the interpretive rule 
     described in subsection (a) to authorize any knife to be 
     permitted in an airport sterile area or in the cabin of an 
     aircraft.
       (d) Notification.--The Administrator shall--
       (1) publish in the Federal Register any amendment to the 
     interpretive rule described in subsection (a); and
       (2) notify the appropriate committees of Congress of the 
     amendment not later than 3 days before publication under 
     paragraph (1).

     SEC. 2265. FEDERAL FLIGHT DECK OFFICER PROGRAM IMPROVEMENTS.

       (a) Improved Access to Training Facilities.--Section 
     44921(c)(2)(C)(ii) is amended--
       (1) by striking ``The training of'' and inserting the 
     following:

       ``(I) In general.--The training of'';

       (2) in subclause (I), as designated, by striking ``approved 
     by the Under Secretary''; and
       (3) by adding at the end the following:

       ``(II) Access to training facilities.--Not later than 180 
     days after the date of enactment of the TSA Modernization 
     Act, the Administrator shall designate additional firearms 
     training facilities located in various regions of the United 
     States for Federal flight deck officers for recurrent and 
     requalifying training relative to the number of such 
     facilities available on the day before such date of 
     enactment.''.

       (b) Firearms Requalification.--Section 44921(c)(2)(C) is 
     amended--
       (1) in clause (iii)--
       (A) by striking ``The Under Secretary shall'' and inserting 
     the following:

       ``(I) In general.--The Administrator shall'';

       (B) in subclause (I), as designated by subparagraph (A), by 
     striking ``the Under Secretary'' and inserting ``the 
     Administrator''; and
       (C) by adding at the end the following:

       ``(II) Use of facilities for requalification.--The 
     Administrator shall allow a Federal flight deck officer to 
     requalify to carry a firearm under the program through 
     training at a Transportation Security Administration-approved 
     firearms training facility utilizing a Transportation 
     Security Administration-approved contractor and a curriculum 
     developed and approved by the Transportation Security 
     Administration.''; and

       (2) by adding at the end the following:
       ``(iv) Periodic review.--The Administrator shall 
     periodically review requalification training intervals and 
     assess whether it is appropriate and sufficient to adjust the 
     time between each requalification training to facilitate 
     continued participation in the program under this section 
     while still maintaining effectiveness of the training, and 
     update the training requirements as appropriate.''.
       (c) Training Review.--Section 44921(c)(2) is amended by 
     adding at the end the following:
       ``(D) Training review.--The Administrator shall 
     periodically review training requirements for initial and 
     recurrent training for Federal flight deck officers and 
     evaluate how training requirements, including the length of 
     training, could be streamlined while maintaining the 
     effectiveness of the training, and update the training 
     requirements as appropriate.''.
       (d) Other Measures to Facilitate Training.--Section 
     44921(e) is amended--
       (1) by striking ``Pilots participating'' and inserting the 
     following:
       ``(1) In general.--Pilots participating''; and
       (2) by adding at the end the following:
       ``(2) Facilitation of training.--An air carrier shall 
     permit a pilot seeking to be deputized as a Federal flight 
     deck officer or a Federal flight deck officer to take a 
     reasonable amount of leave to participate in initial, 
     recurrent, or requalification training, as applicable, for 
     the program. Leave required under this paragraph may be 
     provided without compensation.''.
       (e) International Harmonization.--Section 44921(f) is 
     amended--
       (1) in paragraphs (1) and (3), by striking ``Under 
     Secretary'' and inserting ``Administrator''; and
       (2) by adding at the end the following:
       ``(4) Consistency with federal air marshal program.--The 
     Administrator shall harmonize, to the extent practicable, the 
     policies relating to the carriage of firearms on flights in 
     foreign air transportation by Federal flight deck officers 
     with the policies of the Federal air marshal program for 
     carrying firearms on such flights and carrying out the duties 
     of a Federal flight deck officer, notwithstanding Annex 17 of 
     the International Civil Aviation Organization.''.
       (f) Physical Standards.--Section 44921(d)(2) is amended--
       (1) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively;
       (2) in clause (ii), as redesignated, by striking ``Under 
     Secretary's'' and inserting ``Administrator's'';
       (3) by striking ``A pilot is'' and inserting the following:
       ``(A) In general.--A pilot is''; and
       (4) by adding at the end the following:
       ``(B) Consistency with requirements for certain medical 
     certificates.--In establishing standards under subparagraph 
     (A)(ii), the Administrator may not establish medical or 
     physical standards for a pilot to become a Federal flight 
     deck officer that are inconsistent with or more stringent 
     than the requirements of the Federal Aviation Administration 
     for the issuance of the required airman medical certificate 
     under part 67 of title 14, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).''.
       (g) Transfer of Status.--Section 44921(d) is amended by 
     adding at the end the following:
       ``(5) Transfer from inactive to active status.--In 
     accordance with any applicable Transportation Security 
     Administration appeals processes, a pilot deputized as a 
     Federal flight deck officer who moves to inactive status may 
     return to active status upon successful completion of a 
     recurrent training program administered within program 
     guidelines.''.
       (h) Technical Corrections.--Section 44921, as amended by 
     this section, is further amended--
       (1) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting 
     ``Administrator'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``Not later than 3 months 
     after the date of enactment of this section, the Under 
     Secretary'' and inserting ``The Administrator'';
       (B) in paragraph (2), by striking ``Beginning 3 months 
     after the date of enactment of this section, the Under 
     Secretary shall begin the process of training and 
     deputizing'' and inserting ``The Administrator shall train 
     and deputize''; and
       (C) in paragraph (3)(N), by striking ``Under Secretary's'' 
     and inserting ``Administrator's'';
       (3) in subsection (d)(4)--
       (A) by striking ``may,'' and inserting ``may''; and
       (B) by striking ``Under Secretary's'' and inserting 
     ``Administrator's'';
       (4) in subsection (i)(2), by striking ``the Under Secretary 
     may'' and inserting ``may'';
       (5) in subsection (k)--
       (A) by striking paragraphs (2) and (3); and
       (B) by striking ``Applicability.--'' and all that follows 
     through ``This section'' and inserting ``Applicability.--This 
     section'';
       (6) by adding at the end the following:
       ``(l) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Transportation Security Administration.
       ``(2) Air transportation.--The term `air transportation' 
     includes all-cargo air transportation.
       ``(3) Firearms training facility.--The term `firearms 
     training facility' means a private or government-owned gun 
     range approved by the Administrator to provide recurrent or 
     requalification training, as applicable, for the program, 
     utilizing a Transportation Security Administration-approved 
     contractor and a curriculum developed and approved by the 
     Transportation Security Administration.
       ``(4) Pilot.--The term `pilot' means an individual who has 
     final authority and responsibility for the operation and 
     safety of the flight or any other flight deck crew member.''; 
     and
       (7) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''.
       (i) Sensitive Security Information.--Not later than 180 
     days after the date of enactment of this Act--
       (1) the Secretary of Transportation shall revise section 
     15.5(b)(11) of title 49, Code of Federal Regulations, to 
     classify information about pilots deputized as Federal flight 
     deck officers under section 44921 of title 49, United States 
     Code, as sensitive security information in a manner 
     consistent with the classification of information about 
     Federal air marshals; and
       (2) the Administrator shall revise section 1520.5(b)(11) of 
     title 49, Code of Federal Regulations, to classify 
     information about pilots deputized as Federal flight deck 
     officers under section 44921 of title 49, United States Code, 
     as sensitive security information in a manner consistent with 
     the classification of information about Federal air marshals.
       (j) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall prescribe such 
     regulations as may be necessary to carry out this section and 
     the amendments made by this section.

              Subtitle F--Surface Transportation Security

     SEC. 2271. SURFACE TRANSPORTATION SECURITY ASSESSMENT AND 
                   IMPLEMENTATION OF RISK-BASED STRATEGY.

       (a) Security Assessment.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall complete an 
     assessment of the vulnerabilities of and risks to surface 
     transportation systems.
       (2) Considerations.--In conducting the security assessment 
     under paragraph (1), the Administrator shall, at a minimum--
       (A) consider appropriate intelligence;
       (B) consider security breaches and attacks at domestic and 
     international transportation facilities;
       (C) consider the vulnerabilities and risks associated with 
     specific modes of surface transportation;

[[Page S3833]]

       (D) evaluate the vetting and security training of--
       (i) employees in surface transportation; and
       (ii) other individuals with access to sensitive or secure 
     areas of transportation networks; and
       (E) consider input from--
       (i) representatives of different modes of surface 
     transportation;
       (ii) subject to paragraph (3)--

       (I) representatives of maritime transportation;
       (II) critical infrastructure entities; and
       (III) the Transportation Systems Sector Coordinating 
     Council; and

       (iii) the heads of other relevant Federal departments or 
     agencies.
       (3) Maritime facilities.--The Commandant of the Coast Guard 
     shall assess the vulnerabilities of and risks to maritime 
     facilities and ensure the adjacent security responsibilities 
     of the Coast Guard and TSA are coordinated.
       (b) Risk-based Security Strategy.--
       (1) In general.--Not later than 180 days after the date the 
     security assessment under subsection (a) is complete, the 
     Administrator shall use the results of the assessment--
       (A) to develop and implement a cross-cutting, risk-based 
     security strategy that includes--
       (i) all surface transportation modes;
       (ii) to the extent the Transportation Security 
     Administration provides support in maritime transportation 
     security efforts, maritime transportation;
       (iii) a coordinated strategy with the Commandant of the 
     Coast Guard to ensure adjacent security responsibilities are 
     synchronized;
       (iv) a mitigating strategy that aligns with each 
     vulnerability and risk identified in subsection (a);
       (v) a planning process to inform resource allocation;
       (vi) priorities, milestones, and performance metrics to 
     measure the effectiveness of the risk-based security 
     strategy; and
       (vii) processes for sharing relevant and timely 
     intelligence threat information with appropriate 
     stakeholders;
       (B) to develop a management oversight strategy that--
       (i) identifies the parties responsible for the 
     implementation, management, and oversight of the risk-based 
     security strategy; and
       (ii) includes a plan for implementing the risk-based 
     security strategy; and
       (C) to modify the risk-based budget and resource 
     allocations, in accordance with section 262(c), for the 
     Transportation Security Administration.
       (2) Coordinated approach.--In developing and implementing 
     the risk-based security strategy under paragraph (1), the 
     Administrator shall--
       (A) coordinate with the heads of other relevant Federal 
     departments or agencies, and stakeholders, as appropriate--
       (i) to evaluate existing surface transportation security 
     programs, policies, and initiatives, including the explosives 
     detection canine teams, for consistency with the risk-based 
     security strategy and, to the extent practicable, avoid any 
     unnecessary duplication of effort;
       (ii) to determine the extent to which stakeholder security 
     programs, policies, and initiatives address the 
     vulnerabilities and risks to surface transportation systems 
     identified in subsection (a); and
       (iii) subject to clause (ii), to mitigate each 
     vulnerability and risk to surface transportation systems 
     identified in subsection (a); and
       (B) coordinate with the Commandant of the Coast Guard to 
     ensure there are no security gaps between jurisdictional 
     authorities.
       (c) Report.--
       (1) In general.--Not later than 180 days after the date the 
     security assessment under subsection (a) is complete, the 
     Administrator shall submit to the appropriate committees of 
     Congress and the Inspector General of the Department a report 
     that--
       (A) describes the process used to complete the security 
     assessment;
       (B) describes the process used to develop the risk-based 
     security strategy;
       (C) describes the risk-based security strategy;
       (D) includes the management oversight strategy;
       (E) includes--
       (i) the findings of the security assessment;
       (ii) a description of the actions recommended or taken by 
     the Administrator, the Commandant of the Coast Guard, or the 
     head of another Federal department or agency to mitigate the 
     vulnerabilities and risks identified in subsection (a);
       (iii) any recommendations for improving the coordinated 
     approach to mitigating vulnerabilities and risks to surface 
     and maritime transportation systems; and
       (iv) any recommended changes to the National Infrastructure 
     Protection Plan, the modal annexes to such plan, or relevant 
     surface or maritime transportation security programs, 
     policies, or initiatives; and
       (F) may contain a classified annex.
       (2) Protections.--In preparing the report, the 
     Administrator shall take appropriate actions to safeguard 
     information described by section 552(b) of title 5, United 
     States Code, or protected from disclosure by any other law of 
     the United States.
       (d) Updates.--Not less frequently than semiannually, the 
     Administrator shall report to or brief the appropriate 
     committees of Congress on the vulnerabilities of and risks to 
     surface and maritime transportation systems and how those 
     vulnerabilities and risks affect the risk-based security 
     strategy.

     SEC. 2272. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.

       (a) Report.--In conjunction with the submission of the 
     Department's annual budget request to the Office of 
     Management and Budget, the Administrator shall submit to the 
     appropriate committees of Congress a report that describes a 
     risk-based budget and resource allocation plan for surface 
     transportation sectors, within and across modes, that--
       (1) reflects the risk-based security strategy under section 
     2271(b); and
       (2) is organized by appropriations account, program, 
     project, and initiative.
       (b) Budget Transparency.--In submitting the annual budget 
     of the United States Government under section 1105 of title 
     31, United States Code, the President shall clearly 
     distinguish the resources requested for surface 
     transportation security from the resources requested for 
     aviation security.
       (c) Resource Reallocation.--
       (1) In general.--Not later than 15 days after the date on 
     which the Transportation Security Administration allocates 
     any resources or personnel, including personnel sharing, 
     detailing, or assignment, or the use of facilities, 
     technology systems, or vetting resources, for a 
     nontransportation security purpose or National Special 
     Security Event (as defined in section 2001 of Homeland 
     Security Act of 2002 (6 U.S.C. 601)), the Secretary shall 
     provide the notification described in paragraph (2) to the 
     appropriate committees of Congress.
       (2) Notification.--A notification described in this 
     paragraph shall include--
       (A) the reason for and a justification of the resource or 
     personnel allocation;
       (B) the expected end date of the resource or personnel 
     allocation; and
       (C) the projected cost to the Transportation Security 
     Administration of the personnel or resource allocation.
       (d) 5-year Capital Investment Plan.--Not later than 180 
     days after the date of enactment of this Act, the 
     Administrator shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Homeland Security of the House of Representatives a 5-year 
     capital investment plan, consistent with the 5-year 
     technology investment plan under section 1611 of title XVI of 
     the Homeland Security Act of 2002, as amended by section 3 of 
     the Transportation Security Acquisition Reform Act (Public 
     Law 113-245; 128 Stat. 2871).

     SEC. 2273. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND 
                   INTERAGENCY COORDINATION REVIEW.

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

     SEC. 2274. TRANSPARENCY.

       (a) Regulations.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and every 180 days thereafter, the 
     Administrator shall publish on a public website information 
     regarding the status of each regulation relating to surface 
     transportation security that is directed by law to be issued 
     and that has not been issued if not less than 2 years have 
     passed since the date of enactment of the law.
       (2) Contents.--The information published under paragraph 
     (1) shall include--
       (A) an updated rulemaking schedule for the outstanding 
     regulation;
       (B) current staff allocations;
       (C) data collection or research relating to the development 
     of the rulemaking;
       (D) current efforts, if any, with security experts, 
     advisory committees, and other stakeholders; and
       (E) other relevant details associated with the development 
     of the rulemaking that impact the progress of the rulemaking.
       (b) Inspector General Review.--Not later than 180 days 
     after the date of enactment of this Act, and every 2 years 
     thereafter until all of the requirements under titles XIII, 
     XIV, and XV of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (6 U.S.C. 1111 et seq.) and under this 
     Act have been fully implemented, the Inspector

[[Page S3834]]

     General of the Department shall submit to the appropriate 
     committees of Congress a report that--
       (1) identifies the requirements under such titles of that 
     Act and under this Act that have not been fully implemented;
       (2) describes what, if any, additional action is necessary; 
     and
       (3) includes recommendations regarding whether any of the 
     requirements under such titles of that Act or this Act should 
     be amended or repealed.

     SEC. 2275. TSA COUNTERTERRORISM ASSET DEPLOYMENT.

       (a) In General.--If the Transportation Security 
     Administration deploys any counterterrorism personnel or 
     resource, such as explosive detection sweeps, random bag 
     inspections, or patrols by Visible Intermodal Prevention and 
     Response teams, to enhance security at a transportation 
     system or transportation facility for a period of not less 
     than 180 consecutive days, the Administrator shall provide 
     sufficient notification to the system or facility operator, 
     as applicable, not less than 14 days prior to terminating the 
     deployment.
       (b) Exception.--This section shall not apply if the 
     Administrator--
       (1) determines there is an urgent security need for the 
     personnel or resource described in subsection (a); and
       (2) notifies the appropriate committees of Congress of the 
     determination under paragraph (1).

     SEC. 2276. SURFACE TRANSPORTATION SECURITY ADVISORY 
                   COMMITTEE.

       (a) In General.--Subtitle A of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 404. SURFACE TRANSPORTATION SECURITY ADVISORY 
                   COMMITTEE.

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

[[Page S3835]]

       ``(B) provide the appropriate congressional committees with 
     a briefing upon request.
       ``(4) Updates.--Not later than 90 days after the date the 
     Administrator receives a recommendation from the Advisory 
     Committee under subsection (d)(2) that the Administrator 
     agrees with, and quarterly thereafter until the 
     recommendation is fully implemented, the Administrator shall 
     submit a report to the appropriate congressional committees 
     or post on the public website under paragraph (5) an update 
     on the status of the recommendation.
       ``(5) Website.--The Administrator shall maintain a public 
     website that--
       ``(A) lists the members of the Advisory Committee; and
       ``(B) provides the contact information for the Advisory 
     Committee.
       ``(f) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee or any subcommittee established under this 
     section.''.
       (b) Advisory Committee Members.--
       (1) Voting members.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator shall appoint the 
     voting members of the Surface Transportation Security 
     Advisory Committee established under section 404 of the 
     Homeland Security Act of 2002, as added by subsection (a) of 
     this section.
       (2) Nonvoting members.--Not later than 90 days after the 
     date of enactment of this Act, each Federal Government 
     department and agency with regulatory authority over a mode 
     of surface or maritime transportation, as the Administrator 
     considers appropriate, shall designate an appropriate 
     representative to serve as a nonvoting member of the Surface 
     Transportation Security Advisory Committee.
       (c) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 403 the following:

``Sec. 404. Surface Transportation Security Advisory Committee.''.

     SEC. 2277. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM 
                   PROGRAM.

       (a) In General.--Not later than 90 days after the date that 
     the Inspector General of the Department receives the report 
     under section 2271(c), the Inspector General of the 
     Department shall--
       (1) review the explosives detection canine team program, 
     including--
       (A) the development by the Transportation Security 
     Administration of a deployment strategy for explosives 
     detection canine teams;
       (B) the national explosives detection canine team training 
     program, including canine training, handler training, 
     refresher training, and updates to such training;
       (C) the use of the canine assets during an urgent security 
     need, including the reallocation of such program resources 
     outside the transportation systems sector during an urgent 
     security need; and
       (D) the monitoring and tracking of canine assets; and
       (2) submit to the appropriate committees of Congress a 
     report on the review, including any recommendations.
       (b) Considerations.--In conducting the review of the 
     deployment strategy under subsection (a)(1)(A), the Inspector 
     General shall consider whether the Transportation Security 
     Administration's method to analyze the risk to transportation 
     facilities and transportation systems is appropriate.

     SEC. 2278. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE 
                   TEAM PROGRAM.

       (a) In General.--The Secretary, where appropriate, shall 
     encourage State, local, and tribal governments and private 
     owners of high-risk transportation facilities to strengthen 
     security through the use of explosives detection canine 
     teams.
       (b) Increased Capacity.--
       (1) In general.--Before the date the Inspector General of 
     the Department submits the report under section 2277, the 
     Administrator may increase the number of State and local 
     surface and maritime transportation canines by not more than 
     70 explosives detection canine teams.
       (2) Additional teams.--Beginning on the date the Inspector 
     General of the Department submits the report under section 
     2277, the Secretary may increase the State and local surface 
     and maritime transportation canines up to 200 explosives 
     detection canine teams unless more are identified in the 
     risk-based security strategy under section 2271, consistent 
     with section 2272 or with the President's most recent budget 
     submitted under section 1105 of title 31, United States Code.
       (3) Recommendations.--Before initiating any increase in the 
     number of explosives detection teams under paragraph (2), the 
     Secretary shall consider any recommendations in the report 
     under section 2277 on the efficacy and management of the 
     explosives detection canine program.
       (c) Deployment.--The Secretary shall--
       (1) use the additional explosives detection canine teams, 
     as described in subsection (b)(1), as part of the 
     Department's efforts to strengthen security across the 
     Nation's surface and maritime transportation networks;
       (2) make available explosives detection canine teams to all 
     modes of transportation, subject to the requirements under 
     section 2275, to address specific vulnerabilities or risks, 
     on an as-needed basis and as otherwise determined appropriate 
     by the Secretary; and
       (3) consider specific needs and training requirements for 
     explosives detection canine teams to be deployed across the 
     Nation's surface and maritime transportation networks, 
     including in venues of multiple modes of transportation, as 
     the Secretary considers appropriate.
       (d) Authorization.--There are authorized to be appropriated 
     to the Secretary such sums as may be necessary to carry out 
     this section for each of fiscal years 2019 through 2021.

     SEC. 2279. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR 
                   PASSENGER TRANSPORTATION SYSTEMS.

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

     SEC. 2280. AMTRAK SECURITY UPGRADES.

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

     SEC. 2281. PASSENGER RAIL VETTING.

       (a) In General.--Not later than 180 days after the date on 
     which the Amtrak Board of Directors submits a request to the 
     Administrator, the Administrator shall issue a decision on 
     the use by Amtrak of the Transportation Security 
     Administration's Secure Flight Program or a similar passenger 
     vetting system to enhance passenger rail security.
       (b) Strategic Plan.--If the Administrator decides to grant 
     the request by Amtrak under subsection (a), the decision 
     shall include a strategic plan for working with rail 
     stakeholders to enhance passenger rail security by vetting 
     passengers using terrorist watch lists maintained by the 
     Federal Government or a similar passenger vetting system 
     maintained by the Transportation Security Administration.
       (c) Notices.--The Administrator shall notify the 
     appropriate committees of Congress of any decision made under 
     subsection (a) and the details of the strategic plan under 
     subsection (b).
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to limit the Administrator's authority to set the 
     access to, or terms and conditions of using, the Secure 
     Flight Program or a similar passenger vetting system.

     SEC. 2282. STUDY ON SURFACE TRANSPORTATION INSPECTORS.

       Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate committees of Congress a report 
     that--
       (1) identifies the roles and responsibilities of surface 
     transportation security inspectors authorized under section 
     1304 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (6 U.S.C. 1113);
       (2) determines whether surface transportation security 
     inspectors--
       (A) have appropriate qualifications to help secure and 
     inspect surface transportation systems; and

[[Page S3836]]

       (B) have adequate experience and training to perform the 
     responsibilities identified under paragraph (1);
       (3) evaluates feedback from surface transportation industry 
     stakeholders on the effectiveness of surface transportation 
     security inspectors and inspection programs to the overall 
     security of the surface transportation systems of such 
     stakeholders;
       (4) evaluates the consistency of surface transportation 
     inspections, recommendations, and regulatory enforcement, 
     where applicable;
       (5) identifies any duplication or redundancy between the 
     Transportation Security Administration and the Department of 
     Transportation relating to surface transportation security 
     inspections or oversight; and
       (6) provides recommendations, if any, relating to--
       (A) improvements to the surface transportation security 
     inspectors program, including--
       (i) changes in organizational and supervisory structures;
       (ii) coordination procedures to enhance consistency; and
       (iii) effectiveness in inspection and compliance 
     activities; and
       (B) whether each transportation mode needs inspectors 
     trained and qualified for that specific mode.

     SEC. 2283. SECURITY AWARENESS PROGRAM.

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

     SEC. 2284. VOLUNTARY USE OF CREDENTIALING.

       (a) In General.--An individual who is subject to 
     credentialing or a background investigation may satisfy that 
     requirement by obtaining a valid transportation security card 
     issued under section 70105 of title 46, United States Code.
       (b) Issuance of Cards.--The Secretary of Homeland 
     Security--
       (1) shall expand the transportation security card program, 
     consistent with section 70105 of title 46, United States 
     Code, to allow an individual who is subject to credentialing 
     or a background investigation to apply for a transportation 
     security card; and
       (2) may charge reasonable fees, in accordance with section 
     520(a) of the Department of Homeland Security Appropriations 
     Act, 2004 (6 U.S.C. 469(a)), for providing the necessary 
     credentialing and background investigation.
       (c) Vetting.--The Administrator shall utilize, in addition 
     to any background check required for initial issue, the 
     Federal Bureau of Investigation's Rap Back Service and other 
     vetting tools as appropriate, including the No-Fly and 
     Selectee lists, to get immediate notification of any criminal 
     activity relating to any person with a valid transportation 
     security card.
       (d) Definition.--In this section, the term ``individual who 
     is subject to credentialing or a background investigation'' 
     means an individual who--
       (1) because of employment is regulated by the 
     Transportation Security Administration, Department of 
     Transportation, or Coast Guard and is required to have a 
     background records check to obtain a hazardous materials 
     endorsement on a commercial driver's license issued by a 
     State under section 5103a of title 49, United States Code; or
       (2) is required to have a credential and background records 
     check under section 2102(d)(2) of the Homeland Security Act 
     of 2002 (6 U.S.C. 622(d)(2)) at a facility with activities 
     that are regulated by the Transportation Security 
     Administration, Department of Transportation, or Coast Guard.

     SEC. 2285. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT 
                   LICENSES.

       Section 5103a(d) is amended by adding at the end the 
     following:
       ``(3) Transportation security cards.--An individual who 
     holds a valid transportation security card issued by the 
     Secretary of the department in which the Coast Guard is 
     operating under section 70105 of title 46 shall be deemed to 
     have met the background records check required under this 
     subsection.''.

     SEC. 2286. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW.

       (a) Designations.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and not less frequently than once 
     every 5 years thereafter until the date of full-scale 
     implementation of 100 percent screening of cargo containers 
     and 100 percent scanning of high-risk containers required 
     under section 232 of the SAFE Port Act (6 U.S.C. 982), the 
     Secretary shall solicit proposals for scanning technologies, 
     consistent with the standards under subsection (b)(8) of that 
     section, to improve scanning of cargo at domestic ports.
       (2) Evaluation.--In soliciting proposals under paragraph 
     (1), the Secretary shall establish measures to assess the 
     performance of the proposed scanning technologies, 
     including--
       (A) the rate of false positives;
       (B) the delays in processing times; and
       (C) the impact on the supply chain.
       (b) Pilot Program.--
       (1) Establishment.--The Secretary may establish a pilot 
     program to determine the efficacy of a scanning technology 
     referred to in subsection (a).
       (2) Application process.--In carrying out the pilot program 
     under this subsection, the Secretary shall--
       (A) solicit applications from domestic ports;
       (B) select up to 4 domestic ports to participate in the 
     pilot program; and
       (C) select ports with unique features and differing levels 
     of trade volume.
       (3) Report.--Not later than 1 year after initiating a pilot 
     program under paragraph (1), the Secretary shall submit to 
     the appropriate committees of Congress a report on the pilot 
     program, including--
       (A) an evaluation of the scanning technologies proposed to 
     improve security at domestic ports and to meet the full-scale 
     implementation requirement;
       (B) the costs to implement a pilot program;
       (C) the benefits of the proposed scanning technologies;
       (D) the impact of the pilot program on the supply chain; 
     and
       (E) recommendations for implementation of advanced cargo 
     scanning technologies at domestic ports.
       (4) Sharing pilot program testing results.--The results of 
     the pilot testing of advanced cargo scanning technologies 
     shall be shared, as appropriate, with government agencies and 
     private stakeholders whose responsibilities encompass the 
     secure transport of cargo.

     SEC. 2287. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Transportation Security Administration.--Section 114 is 
     amended by redesignating subsections (u), (v), and (w) as 
     subsections (t), (u), and (v), respectively.
       (b) Transportation Security Strategic Planning.--Section 
     114(s)(3)(B) is amended by striking ``2007'' and inserting 
     ``2007)''.
       (c) Congressional Oversight of Security Assurance for 
     Public and Private Stakeholders.--Section 1203(b)(1)(B) of 
     the Implementing Recommendations of the 9/11 Commission Act 
     of 2007 (49 U.S.C. 114 note) is amended by striking ``, under 
     section 114(u)(7) of title 49, United States Code, as added 
     by this section, or otherwise,''.

                      TITLE III--MARITIME SECURITY

     SEC. 2301. COORDINATION WITH TSA ON MARITIME FACILITIES.

       (a) In General.--The Commandant of the Coast Guard shall 
     assess the vulnerabilities of and risks to maritime 
     facilities to ensure

[[Page S3837]]

     the adjacent security responsibilities of the Coast Guard and 
     TSA are coordinated.
       (b) Requirements.--In carrying out the requirements under 
     subsection (a), the Commandant shall--
       (1) provide the TSA with any results from an evaluation 
     threats to the maritime transportation system and 
     effectiveness of existing maritime transportation security 
     programs, policies, and initiatives for input into the 
     development of the risk-based security strategy in section 
     2271 and, to the extent practicable, avoid any unnecessary 
     duplication of effort;
       (2) ensure there are no security gaps between 
     jurisdictional authorities that a threat can exploit to cause 
     harm;
       (3) determine the extent to which stakeholder security 
     programs, policies, and initiatives address the 
     vulnerabilities and risks to maritime transportation systems 
     identified in subsection (a); and
       (4) subject to paragraphs (2) and (3), mitigate each 
     vulnerability and risk to maritime transportation systems 
     identified in subsection (a).

     SEC. 2302. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE 
                   INTERNATIONAL SUPPLY CHAIN.

       Section 201 of the Security and Accountability for Every 
     Port Act of 2006 (6 U.S.C. 941) is amended--
       (1) in subsection (a), by striking ``as appropriate'' and 
     inserting ``triennially''; and
       (2) in subsection (g)--
       (A) in the heading, by striking ``Report'' and inserting 
     ``Reports''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Updates.--Not later than 270 days after the date of 
     enactment of the TSA Modernization Act and triennially 
     thereafter, the Secretary shall submit to the appropriate 
     congressional committees a report that contains any updates 
     to the strategic plan under subsection (a) since the prior 
     report.''.

     SEC. 2303. CYBERSECURITY INFORMATION SHARING AND COORDINATION 
                   IN PORTS.

       (a) Maritime Cybersecurity Risk Assessment Model.--The 
     Secretary of Homeland Security, through the Commandant of the 
     Coast Guard shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, coordinate with the National Maritime Security 
     Advisory Committee, the Area Maritime Security Advisory 
     Committees, and other maritime stakeholders, as necessary, to 
     develop and implement a maritime cybersecurity risk 
     assessment model, consistent with the activities described in 
     section 2(e) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 272(e)), to evaluate current and 
     future cybersecurity risks that have the potential to affect 
     the marine transportation system or that would cause a 
     transportation security incident (as defined in section 70101 
     of title 46, United States Code) in ports; and
       (2) not less than biennially thereafter, evaluate the 
     effectiveness of the cybersecurity risk assessment model 
     established under paragraph (1).
       (b) Port Security; Definitions.--Section 70101 of title 46, 
     United States Code, is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) The term `cybersecurity risk' means the extent to 
     which a technology asset is vulnerable to information, 
     information systems, or operational technology being lost, 
     destroyed, or other adverse impact on the security, 
     availability, confidentiality, integrity, or functionality, 
     as applicable, of that information, information system, or 
     operational technology.''.
       (c) National Maritime Security Advisory Committee.--
       (1) Functions.--Section 70112(a)(1)(A) of title 46, United 
     States Code, is amended by inserting before the semicolon the 
     following: ``, including on enhancing the sharing of 
     information related to cybersecurity risks that may cause a 
     transportation security incident, between relevant Federal 
     agencies and--
       ``(i) State, local, and tribal governments;
       ``(ii) relevant public safety and emergency response 
     agencies;
       ``(iii) relevant law enforcement and security 
     organizations;
       ``(iv) maritime industry;
       ``(v) port owners and operators; and
       ``(vi) terminal owners and operators;''.
       (2) Information sharing.--The Commandant of the Coast Guard 
     shall--
       (A) ensure there is a process for each Area Maritime 
     Security Advisory Committee established under section 70112 
     of title 46, United States Code--
       (i) to facilitate the sharing of information related to 
     cybersecurity risks that may cause transportation security 
     incidents;
       (ii) to timely report transportation security incidents to 
     the national level; and
       (iii) to disseminate such reports across the entire 
     maritime transportation system; and
       (B) issue voluntary guidance for the management of such 
     cybersecurity risks in each Area Maritime Transportation 
     Security Plan and facility security plan required under 
     section 70103 of title 46, United States Code, approved after 
     the date that the cybersecurity risk assessment model is 
     developed under subsection (a) of this section.
       (d) Vulnerability Assessments and Security Plans.--
       (1) Facility and vessel assessments.--Section 70102(b)(1) 
     of title 46, United States Code, is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``and by not later than December 31, 2004''; and
       (B) in subparagraph (C), by inserting ``security against 
     cybersecurity risks,'' after ``physical security,''.
       (2) Maritime transportation security plans.--Section 70103 
     of title 46, United States Code, is amended--
       (A) in subsection (a)(1), by striking ``Not later than 
     April 1, 2005, the'' and inserting ``The'';
       (B) in subsection (a)(2), by adding at the end the 
     following:
       ``(K) A plan to detect, respond to, and recover from 
     cybersecurity risks that may cause transportation security 
     incidents.'';
       (C) in subsection (b)(2)--
       (i) in subparagraph (G)(ii), by striking ``; and'' and 
     inserting a semicolon;
       (ii) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (iii) by inserting after subparagraph (G) the following:
       ``(H) include a plan for detecting, responding to, and 
     recovering from cybersecurity risks that may cause 
     transportation security incidents; and''; and
       (D) in subsection (c)(3)(C)--
       (i) in clause (iv), by striking ``; and'' and inserting a 
     semicolon;
       (ii) by redesignating clause (v) as clause (vi); and
       (iii) by inserting after clause (iv) the following:
       ``(v) detecting, responding to, and recovering from 
     cybersecurity risks that may cause transportation security 
     incidents; and''.
       (3) Applicability.--The amendments made by this subsection 
     shall apply to assessments or security plans, or updates to 
     such assessments or plans, submitted after the date that the 
     cybersecurity risk assessment model is developed under 
     subsection (a).
       (e) Brief to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Commandant of the Coast 
     Guard shall provide to the appropriate committees of Congress 
     a briefing on how the Coast Guard will assist in security and 
     response in the port environment when a cyber-caused 
     transportation security incident occurs, to include the use 
     of cyber protection teams.

     SEC. 2304. FACILITY INSPECTION INTERVALS.

       Section 70103(c)(4)(D) of title 46, United States Code, is 
     amended to read as follows:
       ``(D) subject to the availability of appropriations, 
     periodically, but not less than one time per year, conduct a 
     risk-based, no notice facility inspection to verify the 
     effectiveness of each such facility security plan.''.

     SEC. 2305. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN .

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

     ``SEC. 434. MARITIME OPERATIONS COORDINATION PLAN.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the TSA Modernization Act, and biennially 
     thereafter, the Secretary shall--
       ``(1) update the Maritime Operations Coordination Plan, 
     published by the Department on July 7, 2011, to strengthen 
     coordination, planning, information sharing, and intelligence 
     integration for maritime operations of components and offices 
     of the Department with responsibility for maritime security 
     missions; and
       ``(2) submit each update to the Committee on Commerce, 
     Science, and Transportation and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives.
       ``(b) Contents.--Each update shall address the following:
       ``(1) Coordinating the planning, integration of maritime 
     operations, and development of joint maritime domain 
     awareness efforts of any component or office of the 
     Department with responsibility for maritime security 
     missions.
       ``(2) Maintaining effective information sharing and, as 
     appropriate, intelligence integration, with Federal, State, 
     and local officials and the private sector, regarding threats 
     to maritime security.
       ``(3) Cooperating and coordinating with Federal departments 
     and agencies, and State and local agencies, in the maritime 
     environment, in support of maritime security missions.
       ``(4) Highlighting the work completed within the context of 
     other national and Department maritime security strategic 
     guidance and how that work fits with the Maritime Operations 
     Coordination Plan.''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2136) is amended by adding after the item 
     relating to section 433 the following:

``434. Maritime operations coordination plan.''.

     SEC. 2306. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED 
                   FORCES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Commerce, Science, 
     and Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Homeland

[[Page S3838]]

     Security of the House of Representatives a report on the 
     state of the Coast Guard's Deployable Specialized Forces 
     (referred to in this section as DSF).
       (b) Contents.--The report shall include, at a minimum, the 
     following:
       (1) For each of the past 3 fiscal years, and for each type 
     of DSF, the following:
       (A) A cost analysis, including training, operating, and 
     travel costs.
       (B) The number of personnel assigned.
       (C) The total number of units.
       (D) The total number of operations conducted.
       (E) The number of operations requested by each of the 
     following:
       (i) Coast Guard.
       (ii) Other components or offices of the Department of 
     Homeland Security.
       (iii) Other Federal departments or agencies.
       (iv) State agencies.
       (v) Local agencies.
       (F) The number of operations fulfilled in support of each 
     entity described in clauses (i) through (v) of subparagraph 
     (E).
       (2) An examination of alternative distributions of 
     deployable specialized forces, including the feasibility, 
     cost (including cost savings), and impact on mission 
     capability of such distributions, including at a minimum the 
     following:
       (A) Combining deployable specialized forces, primarily 
     focused on counterdrug operations, under one centralized 
     command.
       (B) Distributing counter-terrorism and anti-terrorism 
     capabilities to deployable specialized forces in each major 
     United States port.
       (c) Definition of Deployable Specialized Forces or DSF.--In 
     this section, the term ``deployable specialized forces'' or 
     ``DSF'' means the deployable specialized forces established 
     section 70106 of title 46, United States Code.

     SEC. 2307. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT 
                   SECURITY AND SECURE SYSTEMS OF TRANSPORTATION.

       (a) Interagency Operational Centers for Port Security.--
     Section 70107A of title 46, United States Code, is repealed.
       (b) Secure Systems of Transportation.--Section 70116 of 
     title 46, United States Code, is repealed.
       (c) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for chapter 
     701 of title 46, United States Code, is amended by striking 
     the items relating to sections 70107A and 70116.
       (2) Report requirement.--Section 108 of the Security and 
     Accountability for Every Port Act of 2006 (Public Law 109-
     347; 120 Stat. 1893) is amended by striking subsection (b) 
     (46 U.S.C. 70107A note) and inserting the following:
       ``(b) [Reserved].''.

     SEC. 2308. DUPLICATION OF EFFORTS IN THE MARITIME DOMAIN.

       (a) GAO Analysis.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) conduct an analysis of all operations in the applicable 
     location of--
       (A) the Air and Marine Operations of the U.S. Customs and 
     Border Protection; and
       (B) any other agency of the Department of Homeland Security 
     that operates air and marine assets;
       (2) in conducting the analysis under paragraph (1)--
       (A) determine whether any duplicative operations are 
     occurring among the agencies described in paragraph (1);
       (B) examine the extent to which the Air and Marine 
     Operations is synchronizing and deconflicting any duplicative 
     flight hours or patrols with the agencies described in 
     paragraph (1)(B);
       (C) include a sector-by-sector analysis of any potential 
     costs savings that would be derived through greater 
     coordination of flight hours and patrols; and
       (D) examine whether co-locating personnel from the agencies 
     described in paragraph (1) would enhance cooperation among 
     those agencies; and
       (3) submit to the Secretary of Homeland Security and the 
     appropriate committees of Congress a report on the analysis, 
     including any recommendations.
       (b) DHS Report.--Not later than 180 days after the date the 
     report is submitted under subsection (a)(3), the Secretary of 
     Homeland Security shall submit to the appropriate committees 
     of Congress a report on what actions the Secretary plans to 
     take in response to the findings of the analysis and 
     recommendations of the Comptroller General.
       (c) Definition of Applicable Location.--In this section, 
     the term ``applicable location'' means any location in which 
     the Air and Marine Operations of the U.S. Customs and Border 
     Protection is based within 45 miles of a location in which 
     any other agency of the Department of Homeland Security also 
     operates air and marine assets.

     SEC. 2309. MARITIME SECURITY CAPABILITIES ASSESSMENTS.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by 
     section 2305 of this Act, is further amended by adding at the 
     end the following:

     ``SEC. 435. MARITIME SECURITY CAPABILITIES ASSESSMENTS.

       ``Not later than 180 days after the date of enactment of 
     the TSA Modernization Act, and annually thereafter, the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives, an 
     assessment of the number and type of maritime assets and the 
     number of personnel required to increase the Department's 
     maritime response rate pursuant to section 1092 of the 
     National Defense Authorization Act for Fiscal Year 2017 (6 
     U.S.C. 223).''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2136), as amended by section 2305 of this Act, 
     is further amended by adding after the item relating to 
     section 434 the following:

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

     SEC. 2310. CONTAINER SECURITY INITIATIVE.

       Section 205(l) of the Security and Accountability for Every 
     Port Act of 2006 (6 U.S.C. 945) is amended--
       (1) by striking paragraph (2); and
       (2) in paragraph (1)--
       (A) by striking ``(1) In general.--Not later than September 
     30, 2007,'' and inserting ``Not later than 270 days after the 
     date of enactment of the TSA Modernization Act,''; and
       (B) by redesignating subparagraphs (A) through (H) as 
     paragraphs (1) through (8), respectively.

     SEC. 2311. MARITIME BORDER SECURITY COOPERATION.

       The Secretary of the department in which the Coast Guard is 
     operating shall, in accordance with law--
       (1) partner with other Federal, State, and local government 
     agencies to leverage existing technology, including existing 
     sensor and camera systems and other sensors, in place along 
     the maritime border on the date of enactment of this Act to 
     provide continuous monitoring of the high-risk maritime 
     borders, as determined by the Secretary; and
       (2) enter into such agreements as the Secretary considers 
     necessary to ensure 24-hour monitoring of the technology 
     described in paragraph (1).

     SEC. 2312. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Study to Identify Redundant Background Records 
     Checks.--Section 105 of the Security and Accountability for 
     Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1891) 
     and the item relating to that section in the table of 
     contents for that Act are repealed.
       (b) Domestic Radiation Detection and Imaging.--Section 121 
     of the Security and Accountability for Every Port Act of 2006 
     (6 U.S.C. 921)--
       (1) by striking subsections (c), (d), and (e);
       (2) redesignating subsections (f), (g), (h), and (i) as 
     subsections (c), (d), (e), and (f), respectively; and
       (3) in subsection (e)(1)(B), as redesignated, by striking 
     ``(and updating, if any, of that strategy under subsection 
     (c))''.
       (c) Inspection of Car Ferries Entering From Abroad.--
     Section 122 of the Security and Accountability for Every Port 
     Act of 2006 (6 U.S.C. 922) and the item relating to that 
     section in the table of contents for that Act are repealed.
       (d) Report on Arrival and Departure Manifest for Certain 
     Commercial Vessels in the United States Virgin Islands.--
     Section 127 of the Security and Accountability for Every Port 
     Act of 2006 (120 Stat. 1900) and the item relating to that 
     section in the table of contents for that Act are repealed.
       (e) International Cooperation and Coordination.--
       (1) In general.--Section 233 of the Security and 
     Accountability for Every Port Act of 2006 (6 U.S.C. 983) is 
     amended to read as follows:

     ``SEC. 233. INSPECTION TECHNOLOGY AND TRAINING.

       ``(a) In General.--The Secretary, in coordination with the 
     Secretary of State, the Secretary of Energy, and appropriate 
     representatives of other Federal agencies, may provide 
     technical assistance, equipment, and training to facilitate 
     the implementation of supply chain security measures at ports 
     designated under the Container Security Initiative.
       ``(b) Acquisition and Training.--Unless otherwise 
     prohibited by law, the Secretary may--
       ``(1) lease, loan, provide, or otherwise assist in the 
     deployment of nonintrusive inspection and radiation detection 
     equipment at foreign land and sea ports under such terms and 
     conditions as the Secretary prescribes, including 
     nonreimbursable loans or the transfer of ownership of 
     equipment; and
       ``(2) provide training and technical assistance for 
     domestic or foreign personnel responsible for operating or 
     maintaining such equipment.''.
       (2) Table of contents.--The table of contents in section 
     1(b) of the Security and Accountability for Every Port Act of 
     2006 (Public Law 109-347; 120 Stat. 1884) is amended by 
     amending the item relating to section 233 to read as follows:

``Sec. 233. Inspection technology and training.''.
       (f) Pilot Program to Improve the Security of Empty 
     Containers.--Section 235 of the Security and Accountability 
     for Every Port Act of 2006 (6 U.S.C. 984) and the item 
     relating to that section in the table of contents for that 
     Act are repealed.
       (g) Security Plan for Essential Air Service and Small 
     Community Airports.--Section 701 of the Security and 
     Accountability for Every Port Act of 2006 (Public

[[Page S3839]]

     Law 109-347; 120 Stat. 1943) and the item relating to that 
     section in the table of contents for that Act are repealed.
       (h) Aircraft Charter Customer and Lessee Prescreening 
     Program.--Section 708 of the Security and Accountability for 
     Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1947) 
     and the item relating to that section in the table of 
     contents for that Act are repealed.

           TITLE IV--CONFORMING AND MISCELLANEOUS AMENDMENTS

     SEC. 2401. TITLE 49 AMENDMENTS.

       (a) Deletion of Duties Related to Aviation Security.--
     Section 106(g) is amended to read as follows:
       ``(g) Duties and Powers of Administrator.--The 
     Administrator shall carry out the following:
       ``(1) Duties and powers of the Secretary of Transportation 
     under subsection (f) of this section related to aviation 
     safety (except those related to transportation, packaging, 
     marking, or description of hazardous material) and stated in 
     the following:
       ``(A) Section 308(b).
       ``(B) Subsections (c) and (d) of section 1132.
       ``(C) Sections 40101(c), 40103(b), 40106(a), 40108, 
     40109(b), 40113(a), 40113(c), 40113(d), 40113(e), and 
     40114(a).
       ``(D) Chapter 445, except sections 44501(b), 44502(a)(2), 
     44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, 
     and 44515.
       ``(E) Chapter 447, except sections 44717, 44718(a), 
     44718(b), 44719, 44720, 44721(b), 44722, and 44723.
       ``(F) Chapter 451.
       ``(G) Chapter 453.
       ``(H) Section 46104.
       ``(I) Subsections (d) and (h)(2) of section 46301 and 
     sections 46303(c), 46304 through 46308, 46310, 46311, and 
     46313 through 46316.
       ``(J) Chapter 465.
       ``(K) Sections 47504(b) (related to flight procedures), 
     47508(a), and 48107.
       ``(2) Additional duties and powers prescribed by the 
     Secretary of Transportation.''.
       (b) Transportation Security Oversight Board.--Section 115 
     is amended--
       (1) in subsection (c)(1), by striking ``Under Secretary of 
     Transportation for security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (2) in subsection (c)(6), by striking ``Under Secretary'' 
     and inserting ``Administrator''.
       (c) Chapter 401 Amendments.--Chapter 401 is amended--
       (1) in section 40109--
       (A) in subsection (b), by striking ``, 40119, 44901, 44903, 
     44906, and 44935-44937''; and
       (B) in subsection (c), by striking ``sections 44909 and'' 
     and inserting ``sections 44909(a), 44909(b), and'';
       (2) in section 40113--
       (A) in subsection (a)--
       (i) by striking ``the Under Secretary of Transportation for 
     Security with respect to security duties and powers 
     designated to be carried out by the Under Secretary or'' and 
     inserting ``the Administrator of the Transportation Security 
     Administration with respect to security duties and powers 
     designated to be carried out by that Administrator or'';
       (ii) by striking ``carried out by the Administrator'' and 
     inserting ``carried out by that Administrator''; and
       (iii) by striking ``, Under Secretary, or Administrator,'' 
     and inserting ``, Administrator of the Transportation 
     Security Administration, or Administrator of the Federal 
     Aviation Administration,''; and
       (B) in subsection (d)--
       (i) by striking ``Under Secretary of Transportation for 
     Security or the'';
       (ii) by striking ``Transportation Security Administration 
     or Federal Aviation Administration, as the case may be,'' and 
     inserting ``Federal Aviation Administration''; and
       (iii) by striking ``Under Secretary or Administrator, as 
     the case may be,'' and inserting ``Administrator'';
       (3) by striking section 40119; and
       (4) in the table of contents, by striking the item relating 
     to section 40119 and inserting the following:

``40119. [Reserved].''.
       (d) Chapter 449 Amendments.--Chapter 449 is amended--
       (1) in section 44901--
       (A) in subsection (a)--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) by striking ``, United States Code'';
       (B) in subsection (c), by striking ``but not later than the 
     60th day following the date of enactment of the Aviation and 
     Transportation Security Act'';
       (C) in subsection (d)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Under Secretary of Transportation for Security'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''; and
       (II) in subparagraph (A), by striking ``no later than 
     December 31, 2002'';

       (ii) by striking paragraphs (2) and (3);
       (iii) by redesignating paragraph (4) as paragraph (2); and
       (iv) in paragraph (2), as redesignated--

       (I) in subparagraph (A), by striking ``Assistant Secretary 
     (Transportation Security Administration)'' and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (II) in subparagraph (B), by striking ``Assistant 
     Secretary'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (III) in subparagraph (D)--

       (aa) by striking ``Assistant Secretary'' the first place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (bb) by striking ``Assistant Secretary'' the second place 
     it appears and inserting ``Administrator'';
       (D) in subsection (e)--
       (i) in that matter preceding paragraph (1)--

       (I) by striking ``but not later than the 60th day following 
     the date of enactment of the Aviation and Transportation 
     Security Act''; and
       (II) by striking ``Under Secretary'' and inserting 
     ``Administrator of the Transportation Security 
     Administration''; and

       (ii) in paragraph (4), by striking ``Under Secretary'' and 
     inserting ``Administrator'';
       (E) in subsection (f), by striking ``after the date of 
     enactment of the Aviation and Transportation Security Act'';
       (F) in subsection (g)--
       (i) in paragraph (1), by striking ``Not later than 3 years 
     after the date of enactment of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007, the'' and 
     inserting ``The'';
       (ii) in paragraph (2), by striking ``as follows:'' and all 
     that follows and inserting a period;
       (iii) by amending paragraph (3) to read as follows:
       ``(3) Regulations.--The Secretary of Homeland Security 
     shall issue a final rule as a permanent regulation to 
     implement this subsection in accordance with the provisions 
     of chapter 5 of title 5.'';
       (iv) by striking paragraph (4); and
       (v) by redesignating paragraph (5) as paragraph (4);
       (G) in subsection (h)--
       (i) in paragraph (1), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''; and
       (ii) in paragraph (2)--

       (I) by striking ``Under Secretary'' the first place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (II) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator'';

       (H) in subsection (i)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) in paragraph (2), by striking ``Under Secretary'' and 
     inserting ``Administrator'';
       (I) in subsection (j)(1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Before January 1, 2008, the'' and inserting ``The''; and
       (ii) in subparagraph (A), by striking ``the date of 
     enactment of this subsection'' and inserting ``August 3, 
     2007'';
       (J) in subsection (k)--
       (i) in paragraph (1), by striking ``Not later than one year 
     after the date of enactment of this subsection, the'' and 
     inserting ``The'';
       (ii) in paragraph (2), by striking ``Not later than 6 
     months after the date of enactment of this subsection, the'' 
     and inserting ``The''; and
       (iii) in paragraph (3), by striking ``Not later than 180 
     days after the date of enactment of this subsection, the'' in 
     paragraph (3) and inserting ``The''; and
       (K) in subsection (l)--
       (i) in paragraph (2)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Beginning June 1, 2012, the Assistant Secretary of Homeland 
     Security (Transportation Security Administration)'' and 
     inserting ``The Administrator of the Transportation Security 
     Administration''; and
       (II) in subparagraph (B), by striking ``Assistant 
     Secretary'' and inserting ``Administrator'';

       (ii) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) by striking ``Assistant Secretary'' the first place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (bb) by striking ``Assistant Secretary'' the second place 
     it appears and inserting ``Administrator''; and

       (II) in subparagraph (B), by striking ``Assistant 
     Secretary'' and inserting ``Administrator of the 
     Transportation Security Administration''; and

       (iii) in paragraph (4)--

       (I) in subparagraph (A)--

       (aa) by striking ``60 days after the deadline specified in 
     paragraph (2), and not later than'';
       (bb) by striking ``Assistant Secretary'' the first place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (cc) by striking ``Assistant Secretary'' the second place 
     it appears and inserting ``Administrator''; and

       (II) in subparagraph (B), by striking ``Assistant 
     Secretary'' each place it appears and inserting 
     ``Administrator of the Transportation Security 
     Administration'';

       (2) section 44902 is amended--
       (A) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (B) in subsection (b), by striking ``Under Secretary'' and 
     inserting ``Administrator of the Transportation Security 
     Administration'';

[[Page S3840]]

       (3) section 44903 is amended--
       (A) in subsection (a)--
       (i) in the heading, by striking ``Definition'' and 
     inserting ``Definitions'';
       (ii) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (iii) in subparagraph (B), as redesignated, by striking 
     ``Under Secretary of Transportation for Security'' and 
     inserting ``Administrator'';
       (iv) in the matter preceding subparagraph (A), as 
     redesignated, by striking ``In this section, `law enforcement 
     personnel' means individuals--'' and inserting ``In this 
     section:'';
       (v) by inserting before subparagraph (A), the following:
       ``(2) Law enforcement personnel.--The term `law enforcement 
     personnel' means individuals--''; and
       (vi) by inserting before paragraph (2), as redesignated, 
     the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Transportation Security 
     Administration.'';
       (B) in subsection (d), by striking ``Secretary of 
     Transportation'' and inserting ``Administrator'';
       (C) in subsection (g), by striking ``Under Secretary's'' 
     each place it appears and inserting ``Administrator's'';
       (D) in subsection (h)--
       (i) in paragraph (3), by striking ``Secretary'' and 
     inserting ``Secretary of Homeland Security'';
       (ii) in paragraph (4)--

       (I) in subparagraph (A), by striking ``, as soon as 
     practicable after the date of enactment of this 
     subsection,'';
       (II) in subparagraph (C), by striking ``section 44903(c)'' 
     and inserting ``subsection (c)''; and
       (III) in subparagraph (E), by striking ``, not later than 
     March 31, 2005,'';

       (iii) in paragraph (5), by striking ``Assistant Secretary 
     of Homeland Security (Transportation Security 
     Administration)'' and inserting ``Administrator'';
       (iv) in paragraph (6)(A)--

       (I) in the matter preceding clause (i), by striking ``Not 
     later than 18 months after the date of enactment of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007, the'' and inserting ``The''; and
       (II) in clause (i), by striking ``section'' and inserting 
     ``paragraph''; and

       (v) in paragraph (6)(C), by striking ``Secretary'' and 
     inserting ``Secretary of Homeland Security'';
       (E) in subsection (i)(3), by striking ``, after the date of 
     enactment of this paragraph,'';
       (F) in subsection (j)--
       (i) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Administrator shall periodically 
     recommend to airport operators commercially available 
     measures or procedures to prevent access to secure airport 
     areas by unauthorized persons.'';
       (ii) in paragraph (2)--

       (I) in the heading, by striking ``Computer-assisted 
     passenger prescreening system'' and inserting ``Secure flight 
     program'';
       (II) in subparagraph (A)--

       (aa) by striking ``Computer-Assisted Passenger Prescreening 
     System'' and inserting ``Secure Flight program'';
       (bb) by striking ``Secretary of Transportation'' and 
     inserting ``Administrator''; and
       (cc) by striking ``system'' each place it appears and 
     inserting ``program'';

       (III) in subparagraph (B)--

       (aa) by striking ``Computer-Assisted Passenger Prescreening 
     System'' and inserting ``Secure Flight program'';
       (bb) by striking ``Secretary of Transportation'' and 
     inserting ``Administrator''; and
       (cc) by striking ``Secretary'' and inserting 
     ``Administrator'';

       (IV) in subparagraph (C)--

       (aa) in clause (i), by striking ``Not later than January 1, 
     2005, the Assistant Secretary of Homeland Security 
     (Transportation Security Administration), or the designee of 
     the Assistant Secretary,'' and inserting ``The 
     Administrator'';
       (bb) in clause (ii), by striking ``Not later than 180 days 
     after completion of testing under clause (i), the'' and 
     inserting ``The''; and
       (cc) in clause (iv), by striking ``Not later than 180 days 
     after'' and inserting ``After'';

       (V) in subparagraph (D), by striking ``Assistant Secretary 
     of Homeland Security (Transportation Security 
     Administration)'' and inserting ``Administrator'';
       (VI) in subparagraph (E)(i), by striking ``Not later than 
     90 days after the date on which the Assistant Secretary 
     assumes the performance of the advanced passenger 
     prescreening function under subparagraph (C)(ii), the'' and 
     inserting ``The Administrator''; and
       (VII) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator'';

       (G) in subsection (l), by striking ``Under Secretary for 
     Border and Transportation Security of the Department of 
     Homeland Security'' and inserting ``Administrator'';
       (H) in subsection (m)--
       (i) in paragraph (1), by striking ``Assistant Secretary of 
     Homeland Security (Transportation Security Administration)'' 
     and inserting ``Administrator''; and
       (ii) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator''; and
       (I) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator'';
       (4) section 44904 is amended--
       (A) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration'';
       (B) in subsection (c)--
       (i) by striking ``section 114(t)(3)'' and inserting 
     ``section 114(s)(3)''; and
       (ii) by striking ``section 114(t)'' and inserting ``section 
     114(s)'';
       (C) in subsection (d)--
       (i) by striking ``Not later than 90 days after the date of 
     the submission of the National Strategy for Transportation 
     Security under section 114(t)(4)(A), the Assistant Secretary 
     of Homeland Security (Transportation Security 
     Administration)'' and inserting ``The Administrator of the 
     Transportation Security Administration''; and
       (ii) by striking ``section 114(t)(1)'' and inserting 
     ``section 114(s)(1)''; and
       (D) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (5) section 44905 is amended--
       (A) in subsection (a)--
       (i) by striking ``Secretary of Transportation'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''; and
       (ii) by striking ``Secretary.'' and inserting 
     ``Administrator.'';
       (B) in subsection (b), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (C) in subsections (c), (d), and (f), by striking ``Under 
     Secretary'' each place it appears and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (6) section 44906 is amended--
       (A) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (B) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator'';
       (7) section 44908 is amended--
       (A) by striking ``Secretary of Transportation'' each place 
     it appears and inserting ``Administrator of the 
     Transportation Security Administration'';
       (B) in subsection (a), by striking ``safety or''; and
       (C) in subsection (c), by striking ``The Secretary'' and 
     inserting ``The Administrator'';
       (8) section 44909 is amended--
       (A) in subsection (a)(1), by striking ``Not later than 
     March 16, 1991, the'' and inserting ``The''; and
       (B) in subsection (c)--
       (i) in paragraph (1), by striking ``Not later than 60 days 
     after the date of enactment of the Aviation and 
     Transportation Security Act, each'' and inserting ``Each'';
       (ii) in paragraphs (2)(F) and (5), by striking ``Under 
     Secretary'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (iii) in paragraph (6)--

       (I) in subparagraph (A), by striking ``Not later than 60 
     days after date of enactment of this paragraph, the'' and 
     inserting ``The''; and
       (II) in subparagraph (B)(ii)--

       (aa) by striking ``the Secretary will'' and inserting ``the 
     Secretary of Homeland Security will''; and
       (bb) by striking ``the Secretary to'' and inserting ``the 
     Secretary of Homeland Security to'';
       (9) section 44911 is amended--
       (A) in subsection (b), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration'';
       (B) in subsection (d), by striking ``request of the 
     Secretary'' and inserting ``request of the Secretary of 
     Homeland Security''; and
       (C) in subsection (e)--
       (i) by striking ``Secretary, and the Under Secretary'' and 
     inserting ``Secretary of Homeland Security, and the 
     Administrator of the Transportation Security 
     Administration''; and
       (ii) by striking ``intelligence community and the Under 
     Secretary'' and inserting ``intelligence community and the 
     Administrator of the Transportation Security 
     Administration'';
       (10) section 44912 is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator''; and
       (II) by striking ``, not later than November 16, 1993,''; 
     and

       (ii) in paragraph (4)(C), by striking ``Research, 
     Engineering and Development Advisory Committee'' and 
     inserting ``Administrator'';
       (B) in subsection (c)--
       (i) in paragraph (1), by striking ``, as a subcommittee of 
     the Research, Engineering, and Development Advisory 
     Committee,''; and
       (ii) in paragraph (4), by striking ``Not later than 90 days 
     after the date of the enactment of the Aviation and 
     Transportation Security Act, and every two years 
     thereafter,'' and inserting ``Biennially,'';
       (C) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (D) by adding at the end the following:
       ``(d) Security and Research and Development Activities.--

[[Page S3841]]

       ``(1) In general.--The Administrator shall conduct research 
     (including behavioral research) and development activities 
     appropriate to develop, modify, test, and evaluate a system, 
     procedure, facility, or device to protect passengers and 
     property against acts of criminal violence, aircraft piracy, 
     and terrorism and to ensure security.
       ``(2) Disclosure.--
       ``(A) In general.--Notwithstanding section 552 of title 5, 
     the Administrator shall prescribe regulations prohibiting 
     disclosure of information obtained or developed in ensuring 
     security under this title if the Secretary of Homeland 
     Security decides disclosing the information would--
       ``(i) be an unwarranted invasion of personal privacy;
       ``(ii) reveal a trade secret or privileged or confidential 
     commercial or financial information; or
       ``(iii) be detrimental to transportation safety.
       ``(B) Information to congress.--Subparagraph (A) does not 
     authorize information to be withheld from a committee of 
     Congress authorized to have the information.
       ``(C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to authorize the designation of 
     information as sensitive security information (as defined in 
     section 15.5 of title 49, Code of Federal Regulations)--
       ``(i) to conceal a violation of law, inefficiency, or 
     administrative error;
       ``(ii) to prevent embarrassment to a person, organization, 
     or agency;
       ``(iii) to restrain competition; or
       ``(iv) to prevent or delay the release of information that 
     does not require protection in the interest of transportation 
     security, including basic scientific research information not 
     clearly related to transportation security.
       ``(D) Privacy act.--Section 552a of title 5 shall not apply 
     to disclosures that the Administrator of the Transportation 
     Security Administration may make from the systems of records 
     of the Transportation Security Administration to any Federal 
     law enforcement, intelligence, protective service, 
     immigration, or national security official in order to assist 
     the official receiving the information in the performance of 
     official duties.
       ``(3) Transfers of duties and powers prohibited.--Except as 
     otherwise provided by law, the Administrator may not transfer 
     a duty or power under this section to another department, 
     agency, or instrumentality of the United States Government.
       ``(e) Definition of Administrator.--In this section, the 
     term `Administrator' means the Administrator of the 
     Transportation Security Administration.'';
       (11) section 44913 is amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration (referred to in 
     this section as `the Administrator')'';
       (ii) by striking paragraph (2);
       (iii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (iv) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (B) in subsection (b), by striking ``Secretary of 
     Transportation'' and inserting ``Administrator'';
       (12) section 44914 is amended--
       (A) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (B) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (C) by inserting ``the Department of Transportation,'' 
     before ``air carriers, airport authorities, and others'';
       (13) section 44915 is amended by striking ``Under Secretary 
     of Transportation for Security'' and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (14) section 44916 is amended--
       (A) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Administrator 
     of the Transportation Security Administration''; and
       (B) in subsection (b)--
       (i) by striking ``Under Secretary'' the first place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration''; and
       (ii) by striking ``Under Secretary'' the second place it 
     appears and inserting ``Administrator'';
       (15) section 44917 is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary of Transportation for Security'' and 
     inserting ``Administrator of the Transportation Security 
     Administration''; and
       (ii) in paragraph (2), by striking ``by the Secretary'';
       (B) in subsection (d)--
       (i) in paragraph (1), by striking ``Assistant Secretary for 
     Immigration and Customs Enforcement of the Department of 
     Homeland Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) in paragraph (3), by striking ``Assistant Secretary'' 
     each place it appears and inserting ``Administrator of the 
     Transportation Security Administration'';
       (16) section 44918 is amended--
       (A) in subsection (a)--
       (i) in paragraph (2)(E), by striking ``Under Secretary for 
     Border and Transportation Security of the Department of 
     Homeland Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (ii) in paragraph (4), by striking ``Not later than one 
     year after the date of enactment of the Vision 100--Century 
     of Aviation Reauthorization Act, the'' and inserting ``The''; 
     and
       (iii) in paragraph (5), by striking ``the date of enactment 
     of the Vision 100--Century of Aviation Reauthorization Act'' 
     and inserting ``December 12, 2003,'';
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``Not later than one year 
     after the date of enactment of the Vision 100--Century of 
     Aviation Reauthorization Act, the'' and inserting ``The''; 
     and
       (ii) in paragraph (6), by striking ``Federal Air Marshals 
     Service'' and inserting ``Federal Air Marshal Service''; and
       (C) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (17) section 44920 is amended--
       (A) in subsection (g)(1), by striking ``subsection (a) or 
     section 44919'' and inserting ``subsection (a)''; and
       (B) by adding at the end the following:
       ``(i) Definition of Administrator.--In this section, the 
     term `Administrator' means the Administrator of the 
     Transportation Security Administration.'';
       (18) section 44922 is amended--
       (A) in the heading, by striking ``Deputation'' and 
     inserting ``Deputization'';
       (B) in subsection (a)--
       (i) in the heading, by striking ``Deputation'' and 
     inserting ``Deputization''; and
       (ii) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (C) in subsection (e), by striking ``deputation'' and 
     inserting ``deputization''; and
       (D) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (19) section 44923 is amended--
       (A) in subsection (a), by striking ``Under Secretary for 
     Border and Transportation Security of the Department of 
     Homeland Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (B) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (C) in subsection (e)--
       (i) by striking paragraph (2); and
       (ii) by striking ``(1) In general.--''; and
       (D) by striking subsection (j);
       (20) section 44924 is amended--
       (A) in subsection (a)--
       (i) by striking ``Under Secretary for Border and 
     Transportation Security of the Department of Homeland 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) by striking ``Administrator under'' and inserting 
     ``Administrator of the Federal Aviation Administration 
     under'';
       (B) in subsections (b), (c), (d), (e), and (f), by striking 
     ``Administrator'' and inserting ``Administrator of the 
     Federal Aviation Administration'';
       (C) in subsection (f), by striking ``Not later than 240 
     days after the date of enactment of this section, the'' and 
     inserting ``The''; and
       (D) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (21) section 44925 is amended--
       (A) in subsection (b)(1), by striking ``Not later than 90 
     days after the date of enactment of this section, the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration)'' and inserting ``The Administrator 
     of the Transportation Security Administration'';
       (B) in subsection (b), by striking paragraph (3); and
       (C) in subsection (d), by striking ``Assistant Secretary'' 
     each place it appears and inserting ``Administrator of the 
     Transportation Security Administration'';
       (22) section 44926(b)(3) is amended by striking ``an 
     misidentified passenger'' and inserting ``a misidentified 
     passenger'';
       (23) section 44927 is amended--
       (A) by striking ``Assistant Secretary'' each place it 
     appears and inserting ``Administrator of the Transportation 
     Security Administration'';
       (B) in subsection (a), by striking ``Veteran Affairs'' and 
     inserting ``Veterans Affairs''; and
       (C) in subsection (f)--
       (i) in the heading, by striking ``Report'' and inserting 
     ``Reports''; and
       (ii) by striking ``Not later than 1 year after the date of 
     enactment of this section, and annually thereafter,'' and 
     inserting ``Each year,'';
       (24) section 44933 is amended--
       (A) in subsection (a)--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (ii) by striking ``Federal Security Manager'' and inserting 
     ``Federal Security Director''; and
       (iii) by striking ``Managers'' each place it appears and 
     inserting ``Federal Security Directors'';
       (B) in subsection (b), by striking ``Manager'' and 
     inserting ``Federal Security Director''; and

[[Page S3842]]

       (C) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator of the Transportation Security 
     Administration'';
       (25) section 44934 is amended--
       (A) in subsection (a)--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' and inserting ``Administrator of the 
     Transportation Security Administration'';
       (ii) by striking ``airports. In coordination with the 
     Secretary'' and inserting ``airports. In coordination with 
     the Secretary of State'';
       (iii) by striking ``The Secretary shall give high 
     priority'' and inserting ``The Secretary of State shall give 
     high priority''; and
       (iv) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Under Secretary'' and inserting ``Administrator of the 
     Transportation Security Administration''; and
       (ii) in paragraph (1), by striking ``Under Secretary'' and 
     inserting ``Administrator''; and
       (C) in subsection (c), by striking ``the Secretary and the 
     chief'' and inserting ``the Secretary of State and the 
     chief'';
       (26) section 44935 is amended--
       (A) in subsection (a), by striking ``Under Secretary of 
     Transportation for Security'' and inserting 
     ``Administrator'';
       (B) in subsection (e)--
       (i) in paragraph (1), by striking ``Under Secretary of 
     Transportation for Security'' and inserting 
     ``Administrator''; and
       (ii) in paragraph (2)(A)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``Within 30 days after the date of 
     enactment of the Aviation and Transportation Security Act, 
     the'' and inserting ``The''; and
       (bb) by inserting ``other'' before ``provision of law''; 
     and

       (II) in clause (ii), by striking ``section 1102(a)(22)'' 
     and inserting ``section 101(a)(22)'';

       (C) in subsection (f)(1), by inserting ``other'' before 
     ``provision of law'';
       (D) in subsection (g)(2), by striking ``Within 60 days 
     after the date of enactment of the Aviation and 
     Transportation Security Act, the'' and inserting ``The'';
       (E) by striking ``(i) Accessibility of Computer-based 
     Training Facilities.--'' and inserting ``(k) Accessibility of 
     Computer-based Training Facilities.--'';
       (F) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (G) by adding at the end the following:
       ``(l) Definition of Administrator.--In this section, the 
     term `Administrator' means the Administrator of the 
     Transportation Security Administration.'';
       (27) section 44936 is amended--
       (A) in subsection (a)--
       (i) by striking ``Under Secretary of Transportation for 
     Security'' each place it appears and inserting 
     ``Administrator'';
       (ii) in paragraph (1)--

       (I) in subparagraph (A), by striking ``,,'' and inserting a 
     comma; and
       (II) by striking subparagraph (C); and

       (iii) by redesignating subparagraph (D) as subparagraph 
     (C);
       (B) in subsection (c)(1), by striking ``Under Secretary's'' 
     and inserting ``Administrator's'';
       (C) by striking ``Under Secretary'' each place it appears 
     and inserting ``Administrator''; and
       (D) by adding at the end the following:
       ``(f) Definition of Administrator.--In this section, the 
     term `Administrator' means the Administrator of the 
     Transportation Security Administration.'';
       (28) section 44937 is amended by striking ``Under Secretary 
     of Transportation for Security'' and inserting 
     ``Administrator of the Transportation Security 
     Administration'';
       (29) section 44938 is amended--
       (A) in subsection (a)--
       (i) by striking ``Under Secretary of Trans