[House Report 115-198]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-198
======================================================================
DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT OF 2017
_______
June 28, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 2825]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2825) to amend the Homeland Security Act of 2002
to make certain improvements in the laws administered by the
Secretary of Homeland Security, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary...........................................113
Background and Need for Legislation...........................114
Hearings......................................................115
Committee Consideration.......................................121
Committee Votes...............................................128
Committee Oversight Findings..................................132
New Budget Authority, Entitlement Authority, and Tax Expenditu132
Congressional Budget Office Estimate..........................132
Statement of General Performance Goals and Objectives.........132
Duplicative Federal Programs..................................132
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits......................................................132
Federal Mandates Statement....................................133
Preemption Clarification......................................133
Disclosure of Directed Rule Makings...........................133
Advisory Committee Statement..................................133
Applicability to Legislative Branch...........................133
Section-by-Section Analysis of the Legislation................133
Changes in Existing Law Made by the Bill, as Reported.........200
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Homeland Security Authorization Act of 2017'' or the ``DHS
Authorization Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of contents.
TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
Subtitle A--Headquarters Operations
Sec. 101. Homeland security enterprise defined.
Sec. 102. Functions and components of Headquarters of Department of
Homeland Security.
Sec. 103. Repeal of Director of Shared Services and Office of
Counternarcotics Enforcement of Department of Homeland Security.
Sec. 104. Responsibilities and functions of Chief Privacy Officer.
Sec. 105. Responsibilities of Chief Financial Officer.
Sec. 106. Chief Information Officer.
Sec. 107. Quadrennial Homeland Security review.
Sec. 108. Office of Strategy, Policy, and Plans.
Sec. 109. Chief Procurement Officer.
Sec. 110. Chief Security Officer.
Sec. 111. Office of Inspector General.
Sec. 112. Office for Civil Rights and Civil Liberties.
Sec. 113. Department of Homeland Security Rotation Program.
Sec. 114. Future Years Homeland Security Program.
Sec. 115. Field efficiencies plan.
Sec. 116. Submission to Congress of information regarding reprogramming
or transfer of Department of Homeland Security resources to respond to
operational surges.
Sec. 117. Report to Congress on cost savings and efficiency.
Sec. 118. Research and development and CBRNE organizational review.
Sec. 119. Activities related to children.
Subtitle B--Human Resources and Other Matters
Sec. 121. Chief Human Capital Officer responsibilities.
Sec. 122. Employee engagement steering committee and action plan.
Sec. 123. Annual employee award program.
Sec. 124. Independent investigation and implementation plan.
Sec. 125. Center for faith-based and neighborhood partnerships.
Sec. 126. Timely guidance to DHS personnel regarding Executive Orders.
Sec. 127. Secretary's responsibilities regarding election
infrastructure.
TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY
AND EFFICIENCY
Sec. 201. Definitions.
Subtitle A--Acquisition Authorities
Sec. 211. Acquisition authorities for Under Secretary for Management of
the Department of Homeland Security.
Sec. 212. Acquisition authorities for Chief Financial Officer of the
Department of Homeland Security.
Sec. 213. Acquisition authorities for Chief Information Officer of the
Department of Homeland Security.
Sec. 214. Acquisition authorities for Program Accountability and Risk
Management.
Sec. 215. Acquisition innovation.
Subtitle B--Acquisition Program Management Discipline
Sec. 221. Acquisition Review Board.
Sec. 222. Requirements to reduce duplication in acquisition programs.
Sec. 223. Department leadership council.
Sec. 224. Government Accountability Office review of Board and of
requirements to reduce duplication in acquisition programs.
Sec. 225. Excluded party list system waivers.
Sec. 226. Inspector General oversight of suspension and debarment.
Subtitle C--Acquisition Program Management Accountability and
Transparency
Sec. 231. Congressional notification for major acquisition programs.
Sec. 232. Multiyear Acquisition Strategy.
Sec. 233. Acquisition reports.
TITLE III--INTELLIGENCE AND INFORMATION SHARING
Subtitle A--Department of Homeland Security Intelligence Enterprise
Sec. 301. Homeland intelligence doctrine.
Sec. 302. Analysts for the Chief Intelligence Officer.
Sec. 303. Annual homeland terrorist threat assessments.
Sec. 304. Department of Homeland Security data framework.
Sec. 305. Establishment of Insider Threat Program.
Sec. 306. Threat assessment on terrorist use of virtual currency.
Sec. 307. Department of Homeland Security counterterrorism advisory
board.
Sec. 308. Border and gang threat assessment.
Sec. 309. Security clearance management and administration.
Subtitle B--Stakeholder Information Sharing
Sec. 311. Department of Homeland Security Fusion Center Partnership
Initiative.
Sec. 312. Fusion center personnel needs assessment.
Sec. 313. Program for State and local analyst clearances.
Sec. 314. Information technology assessment.
Sec. 315. Department of Homeland Security classified facility inventory
and dissemination.
Sec. 316. Terror inmate information sharing.
Sec. 317. Annual report on Office for State and Local Law Enforcement.
Sec. 318. Annual catalog on Department of Homeland Security training,
publications, programs, and services for State, local, and tribal law
enforcement agencies.
TITLE IV--MARITIME SECURITY
Sec. 401. Strategic plan to enhance the security of the international
supply chain.
Sec. 402. Container Security Initiative.
Sec. 403. Cyber at ports.
Sec. 404. Facility inspection intervals.
Sec. 405. Updates of maritime operations coordination plan.
Sec. 406. Evaluation of Coast Guard Deployable Specialized Forces.
Sec. 407. Cost benefit analysis of co-locating DHS assets.
Sec. 408. Repeal of interagency operational centers for port security
and secure systems of transportation.
Sec. 409. Maritime security capabilities assessments.
Sec. 410. Conforming and clerical amendments.
TITLE V--TRANSPORTATION SECURITY ADMINISTRATION
Subtitle A--Administration
Sec. 501. Amendments to the Homeland Security Act of 2002 and title 5,
United States Code.
Sec. 502. Amendments to title 49, United States Code.
Sec. 503. Amendments to the Aviation and Transportation Security Act.
Sec. 504. Information required to be submitted to Congress under the
strategic 5-year technology investment plan of the Transportation
Security Administration.
Sec. 505. Maintenance of security-related technology.
Sec. 506. Transportation Security Administration efficiency.
Sec. 507. Transportation senior executive service accountability.
Subtitle B--Passenger Security and Screening
Sec. 511. Department of Homeland Security trusted traveler program
collaboration.
Sec. 512. PreCheck Biometric pilot project.
Sec. 513. Identity and travel document verification.
Sec. 514. Computed tomography pilot project.
Sec. 515. Explosives detection canine teams for aviation.
Sec. 516. Standard operating procedures at airport checkpoints.
Sec. 517. Traveler redress improvement.
Sec. 518. Screening in areas other than passenger terminals.
Sec. 519. Federal Air Marshal Service agreements.
Sec. 520. Federal Air Marshal mission scheduling automation.
Sec. 521. Canine detection research and development.
Sec. 522. International Civil Aviation Organization.
Sec. 523. Passenger security fee.
Sec. 524. Last point of departure airport certification.
Sec. 525. Security standards at foreign airports.
Sec. 526. Security incident response at airports and surface
transportation hubs.
Sec. 527. Airport security screening opt-out program.
Sec. 528. Personnel management system review.
Sec. 529. Innovation task force.
Sec. 530. Airport law enforcement reimbursement.
Subtitle C--Transportation Security Screening Personnel Training and
Accountability
Sec. 531. Transportation security training programs.
Sec. 532. Alternate new security screening personnel training program
cost and feasibility study.
Sec. 533. Prohibition of advance notice of covert testing to security
screeners.
Subtitle D--Airport Access Controls and Perimeter Security
Sec. 541. Reformation of certain programs of the Transportation
Security Administration.
Sec. 542. Airport perimeter and access control security.
Sec. 543. Exit lane security.
Sec. 544. Reimbursement for deployment of armed law enforcement
personnel at airports.
Subtitle E--Air Cargo Security
Sec. 551. Air cargo advance screening program.
Sec. 552. Explosives detection canine teams for air cargo security.
Subtitle F--Information Sharing and Cybersecurity
Sec. 561. Information sharing and cybersecurity.
Subtitle G--Surface Transportation Security
Sec. 571. Definitions.
Sec. 572. Surface transportation security assessment and implementation
of risk-based strategy.
Sec. 573. Risk-based budgeting and resource allocation.
Sec. 574. Surface transportation security management and interagency
coordination review.
Sec. 575. Transparency.
Sec. 576. TSA counterterrorism asset deployment.
Sec. 577. Surface transportation security advisory committee.
Sec. 578. Review of the explosives detection canine team program.
Sec. 579. Expansion of national explosives detection canine team
program.
Sec. 580. Explosive detection technology.
Sec. 581. Study on security standards and best practices for United
States and foreign passenger transportation systems.
Sec. 582. Amtrak security upgrades.
Sec. 583. Study on surface transportation inspectors.
Sec. 584. Security awareness program.
Sec. 585. Voluntary use of credentialing.
Sec. 586. Background records checks for issuance of hazmat licenses.
Sec. 587. Recurrent vetting for surface transportation credential-
holders.
Sec. 588. Pipeline security study.
Sec. 589. Repeal of limitation relating to motor carrier security-
sensitive material tracking technology.
Subtitle H--Security Enhancements in Public Areas of Transportation
Facilities
Sec. 591. Working group.
Sec. 592. Technical assistance; Vulnerability assessment tools.
Sec. 593. Operations centers.
Sec. 594. Review of regulations.
Sec. 595. Definition.
TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Subtitle A--Grants, Training, Exercises, and Coordination
Sec. 601. Urban Area Security Initiative.
Sec. 602. State Homeland Security Grant Program.
Sec. 603. Grants to directly eligible tribes.
Sec. 604. Law enforcement terrorism prevention.
Sec. 605. Prioritization.
Sec. 606. Allowable uses.
Sec. 607. Approval of certain equipment.
Sec. 608. Memoranda of understanding.
Sec. 609. Grants metrics.
Sec. 610. Grant management best practices.
Sec. 611. Prohibition on consolidation.
Sec. 612. Maintenance of grant investments.
Sec. 613. Transit security grant program.
Sec. 614. Port security grant program.
Sec. 615. National Domestic Preparedness Consortium.
Sec. 616. Rural Domestic Preparedness Consortium.
Sec. 617. Emergency support functions.
Sec. 618. Review of National Incident Management System.
Sec. 619. Remedial action management program.
Sec. 620. Cyber preparedness.
Sec. 621. Major metropolitan area counterterrorism training and
exercise grant program.
Sec. 622. Center for Domestic Preparedness.
Sec. 623. Operation Stonegarden.
Sec. 624. Non-Profit Security Grant Program.
Sec. 625. FEMA Senior Law Enforcement Advisor.
Sec. 626. Study of the use of grant funds for cybersecurity.
Sec. 627. Technical expert authorized.
Subtitle B--Communications
Sec. 631. Office of Emergency Communications.
Sec. 632. Responsibilities of Office of Emergency Communications
Director.
Sec. 633. Annual reporting on activities of the Office of Emergency
Communications.
Sec. 634. National Emergency Communications Plan.
Sec. 635. Technical edit.
Sec. 636. Public Safety Broadband Network.
Sec. 637. Communications training.
Subtitle C--Medical Preparedness
Sec. 641. Chief Medical Officer.
Sec. 642. Medical Countermeasures Program.
Subtitle D--Management
Sec. 651. Mission support.
Sec. 652. Systems modernization.
Sec. 653. Strategic human capital plan.
Sec. 654. Office of Disability Integration and Coordination of
Department of Homeland Security.
TITLE VII--OTHER MATTERS
Sec. 701. Decision regarding certain executive memoranda.
Sec. 702. Permanent authorization for Asia-Pacific Economic Cooperation
Business Travel Card Program.
Sec. 703. Authorization of appropriations for Office of Inspector
General.
Sec. 704. Canine teams.
Sec. 705. Technical amendments to the Homeland Security Act of 2002.
TITLE I--DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
Subtitle A--Headquarters Operations
SEC. 101. HOMELAND SECURITY ENTERPRISE DEFINED.
Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended--
(1) by redesignating paragraphs (9) through (20) as
paragraphs (10) through (21), respectively; and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) The term `homeland security enterprise' means any
relevant governmental or nongovernmental entity involved in
homeland security, including a Federal, State, or local
government official, private sector representative, academic,
or other policy expert.''.
SEC. 102. FUNCTIONS AND COMPONENTS OF HEADQUARTERS OF DEPARTMENT OF
HOMELAND SECURITY.
Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``through the Office of State and Local
Coordination (established under section 801)'' and
inserting ``through the Office of Partnership and
Engagement'';
(B) in paragraph (2), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (3), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) entering into agreements with governments of other
countries, in consultation with the Secretary of State, and
international nongovernmental organizations in order to achieve
the missions of the Department.''; and
(2) by adding at the end the following new subsection:
``(h) Headquarters.--
``(1) Components.--There is in the Department a Headquarters.
The Department Headquarters shall include each of the
following:
``(A) The Office of the Secretary.
``(B) The Office of the Deputy Secretary.
``(C) The Executive Secretary.
``(D) The Management Directorate, including the
Office of the Chief Financial Officer.
``(E) The Office of Strategy, Policy, and Plans.
``(F) The Office of the General Counsel.
``(G) The Office of the Chief Privacy Officer.
``(H) The Office for Civil Rights and Civil
Liberties.
``(I) The Office of Operations Coordination.
``(J) The Office of Intelligence and Analysis.
``(K) The Office of Legislative Affairs.
``(L) The Office of Public Affairs.
``(M) The Office of the Inspector General.
``(N) The Office of the Citizenship and Immigration
Services Ombudsman.
``(2) Functions.--The Secretary, acting through the
appropriate official of the Headquarters, shall--
``(A) establish an overall strategy to successfully
further the mission of the Department;
``(B) establish initiatives that improve Department-
wide operational performance;
``(C) establish mechanisms to--
``(i) ensure that components of the
Department comply with Department policies and
fully implement the strategies and initiatives
of the Secretary; and
``(ii) require the head of each component of
the Department and component chief officers to
comply with such policies and implement such
strategies and initiatives;
``(D) establish annual operational and management
objectives to evaluate the performance of the
Department;
``(E) ensure that the Department successfully meets
operational and management performance objectives
through conducting oversight of component agencies;
``(F) ensure that the strategies, priorities,
investments, and workforce of Department components
align with Department objectives;
``(G) establish and implement policies related to
Department ethics and compliance standards;
``(H) establish and implement, in consultation with
the Office of Civil Rights and Civil Liberties,
policies which preserve individual liberty, fairness,
and equality under the law;
``(I) manage and encourage shared services across
Department components;
``(J) lead and coordinate interaction with Congress
and other external organizations; and
``(K) carry out other such functions as the Secretary
determines are appropriate.''.
SEC. 103. REPEAL OF DIRECTOR OF SHARED SERVICES AND OFFICE OF
COUNTERNARCOTICS ENFORCEMENT OF DEPARTMENT OF
HOMELAND SECURITY.
(a) Abolishment of Director of Shared Services.--
(1) Abolishment.--The position of Director of Shared Services
of the Department of Homeland Security is abolished.
(2) Conforming amendment.--The Homeland Security Act of 2002
is amended by striking section 475 (6 U.S.C. 295).
(3) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 475.
(b) Abolishment of the Office of Counternarcotics Enforcement.--
(1) Abolishment.--The Office of Counternarcotics Enforcement
is abolished.
(2) Conforming amendments.--The Homeland Security Act of 2002
is amended--
(A) in subparagraph (B) of section 843(b)(1) (6
U.S.C. 413(b)(1)), by striking ``by--'' and all that
follows through the end of that subparagraph and
inserting ``by the Secretary; and''; and
(B) by striking section 878 (6 U.S.C. 112).
(3) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 878.
SEC. 104. RESPONSIBILITIES AND FUNCTIONS OF CHIEF PRIVACY OFFICER.
(a) In General.--Section 222 of the Homeland Security Act of 2002 (6
U.S.C. 142) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``to be the Chief Privacy
Officer of the Department,'' after ``in the
Department,''; and
(ii) by striking ``to the Secretary, to
assume'' and inserting ``to the Secretary. Such
official shall have'';
(B) in paragraph (5), by striking ``and'' at the end;
(C) by striking paragraph (6); and
(D) by inserting after paragraph (5) the following
new paragraphs:
``(6) developing guidance to assist components of the
Department in developing privacy policies and practices;
``(7) establishing a mechanism to ensure such components are
in compliance with Federal, regulatory, statutory, and
Department privacy requirements, mandates, directives, and
policies;
``(8) working with the Chief Information Officer of the
Department to identify methods for managing and overseeing the
records, management policies, and procedures of the Department;
``(9) working with components and offices of the Department
to ensure that information sharing activities incorporate
privacy protections;
``(10) serving as the Chief FOIA Officer of the Department
for purposes of subsection (j) of section 552 of title 5,
United States Code (popularly known as the Freedom of
Information Act), to manage and process requests related to
such section;
``(11) developing guidance on procedures to be followed by
individuals making requests for information under section 552
of title 5, United States Code;
``(12) overseeing the management and processing of requests
for information under section 552 of title 5, United States
Code, within Department Headquarters and relevant Department
component offices;
``(13) identifying and eliminating unnecessary and
duplicative actions taken by the Department in the course of
processing requests for information under section 552 of title
5, United States Code;
``(14) preparing an annual report to Congress that includes--
``(A) a description of the activities of the
Department that affect privacy during the fiscal year
covered by the report, including complaints of privacy
violations, implementation of section 552a of title 5,
United States Code (popularly known as the Privacy Act
of 1974), internal controls, and other matters; and
``(B) the number of new technology programs
implemented in the Department during the fiscal year
covered by the report, the number of such programs that
the Chief Privacy Officer has evaluated to ensure that
privacy protections are considered and implemented, the
number of such programs that effectively implemented
privacy protections into new technology programs, and
an explanation of why any new programs did not
effectively implement privacy protections; and
``(15) carrying out such other responsibilities as the
Secretary determines are appropriate, consistent with this
section.''; and
(2) by adding at the end the following new subsection:
``(f) Reassignment of Functions.--Notwithstanding subsection (a)(10),
the Secretary may reassign the functions related to managing and
processing requests for information under section 552 of title 5,
United States Code, to another officer within the Department,
consistent with requirements of that section.''.
SEC. 105. RESPONSIBILITIES OF CHIEF FINANCIAL OFFICER.
Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Responsibilities.--The Chief Financial Officer, in consultation
with the Under Secretary for Management and the Under Secretary for
Intelligence and Analysis, as appropriate, shall--
``(1) oversee Department budget formulation and execution;
``(2) lead and provide guidance on performance-based
budgeting practices for the Department to ensure that the
Department and its components are meeting missions and goals;
``(3) lead cost-estimating practices for the Department,
including the development of policies on cost estimating and
approval of life cycle cost estimates;
``(4) coordinate with the Office of Strategy, Policy, and
Plans to ensure that the development of the budget for the
Department is compatible with the long-term strategic plans,
priorities, and policies of the Secretary;
``(5) develop financial management policy for the Department
and oversee the implementation of such policy, including the
establishment of effective internal controls over financial
reporting systems and processes throughout the Department;
``(6) provide guidance for and over financial system
modernization efforts throughout the Department;
``(7) lead the efforts of the Department related to financial
oversight, including identifying ways to streamline and
standardize business processes;
``(8) oversee the costs of acquisition programs and related
activities to ensure that actual and planned costs are in
accordance with budget estimates and are affordable, or can be
adequately funded, over the lifecycle of such programs and
activities;
``(9) fully implement a common accounting structure to be
used across the entire Department by fiscal year 2020; and
``(10) track, approve, oversee, and make public information
on expenditures by components of the Department for
conferences, as appropriate, including by requiring each
component to--
``(A) report to the Inspector General of the
Department the expenditures by such component for each
conference hosted or attended by Department employees
for which the total expenditures of the Department
exceed $20,000, within 15 days after the date of the
conference; and
``(B) with respect to such expenditures, provide to
the Inspector General--
``(i) the information described in
subsections (a), (b), and (c) of section 739 of
title VII of division E of the Consolidated and
Further Continuing Appropriations Act, 2015
(Public Law 113-235); and
``(ii) documentation of such expenditures.''.
SEC. 106. CHIEF INFORMATION OFFICER.
(a) In General.--Section 703 of the Homeland Security Act of 2002 (6
U.S.C. 343) is amended--
(1) in subsection (a), by adding at the end the following new
sentence: ``In addition to the functions under section
3506(a)(2) of title 44, United States Code, the Chief
Information Officer shall perform the functions set forth in
this section and such other functions as may be assigned by the
Secretary.'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Responsibilities.--In addition to performing the functions
under section 3506 of title 44, United States Code, the Chief
Information Officer shall serve as the lead technical authority for
information technology programs of the Department and Department
components and, in consultation with the Under Secretary for
Management, shall--
``(1) advise and assist the Secretary, heads of the
components of the Department, and other senior officers in
carrying out the responsibilities of the Department for all
activities relating to the budgets, programs, security, and
operations of the information technology functions of the
Department;
``(2) to the extent delegated by the Secretary, exercise
leadership and authority over Department information technology
management and establish the information technology priorities,
policies, processes, standards, guidelines, and procedures of
the Department to ensure interoperability and standardization
of information technology;
``(3) maintain a consolidated inventory of the mission
critical and mission essential information systems of the
Department, and develop and maintain contingency plans for
responding to a disruption in the operation of any of those
information systems;
``(4) maintain the security, visibility, reliability,
integrity, and availability of data and information technology
of the Department;
``(5) establish and implement policies and procedures to
effectively monitor and manage vulnerabilities in the supply
chain for purchases of information technology, in consultation
with the Chief Procurement Officer of the Department;
``(6) review contracts and interagency agreements associated
with major information technology investments and information
technology investments that have had cost, schedule, or
performance challenges in the past;
``(7) assess the risk of all major information technology
investments and publically report the risk rating to the Office
of Management and Budget; and
``(8) carry out any other responsibilities delegated by the
Secretary consistent with an effective information system
management function.
``(c) Strategic Plans.--In coordination with the Chief Financial
Officer, the Chief Information Officer shall develop an information
technology strategic plan every five years and report to the Committee
on Homeland Security and the Committee on Appropriations of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the Senate
on the extent to which--
``(1) the budget of the Department aligns with priorities
specified in the information technology strategic plan;
``(2) the information technology strategic plan informs the
budget process of the Department;
``(3) information technology priorities were or were not
funded and the reasons for not funding all priorities in a
given fiscal year;
``(4) the Department has identified and addressed skills gaps
needed to implement the information technology strategic plan;
and
``(5) unnecessary duplicate information technology within and
across the components of the Department has been eliminated.''.
(b) Software Licensing.--
(1) Software inventory.--Not later than 180 days after the
date of the enactment of this Act and every two years
thereafter until 2022, the Chief Information Officer of the
Department of Homeland Security, in consultation with
Department component chief information officers, shall--
(A) conduct a Department-wide inventory of all
existing software licenses held by the Department,
including utilized and unutilized licenses;
(B) assess the needs of the Department and the
components of the Department for software licenses for
the subsequent two fiscal years;
(C) examine how the Department can achieve the
greatest possible economies of scale and cost savings
in the procurement of software licenses;
(D) determine how the use of shared cloud-computing
services will impact the needs for software licenses
for the subsequent two fiscal years;
(E) establish plans and estimated costs for
eliminating unutilized software licenses for the
subsequent two fiscal years; and
(F) submit a copy of each inventory conducted under
subparagraph (A) to the Committee on Homeland Security
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate.
(2) Plan to reduce software licenses.--If the Chief
Information Officer determines through the inventory conducted
under paragraph (1) that the number of software licenses held
by the Department and the components of the Department exceed
the needs of the Department, not later than 90 days after the
date on which the inventory is completed, the Secretary of
Homeland Security shall establish a plan for reducing the
number of such software licenses to meet needs of the
Department.
(3) Prohibition on procurement of new software licenses.--
(A) In general.--Except as provided in subparagraph
(B), upon completion of a plan under paragraph (2), no
additional resources may be obligated for the
procurement of new software licenses for the Department
until such time as the need of the Department exceeds
the number of used and unused licenses held by the
Department.
(B) Exception.--The Chief Information Officer may
authorize the purchase of additional licenses and amend
the number of needed licenses as necessary.
(c) Comptroller General Review.--Not later than fiscal year 2019, the
Comptroller General of the United States shall review the extent to
which the Chief Information Officer fulfilled all requirements
established in this section and the amendment made by this section.
(d) Completion of First Definition of Capabilities.--Not later than
one year after the date of the enactment of this Act, the Chief
Information Officer shall complete the first information technology
strategic plan required under subsection (c) of section 701 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section.
SEC. 107. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--Section 707 of the Homeland Security Act of 2002 (6
U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as subparagraph
(D); and
(C) by inserting after subparagraph (B) the following
new subparagraph (C):
``(C) representatives from appropriate advisory
committees established pursuant to section 871,
including the Homeland Security Advisory Council and
the Homeland Security Science and Technology Advisory
Committee, or otherwise established, including the
Aviation Security Advisory Committee established
pursuant to section 44946 of title 49, United States
Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on the risk
assessment required pursuant to subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan required to
provide sufficient resources to successfully''
and inserting ``resources required to''; and
(iii) by striking the semicolon at the end
and inserting ``, including any resources
identified from redundant, wasteful, or
unnecessary capabilities and capacities that
can be redirected to better support other
existing capabilities and capacities, as the
case may be; and'';
(D) in paragraph (5), by striking ``; and'' and
inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December 31 of
the year'' and inserting ``60 days after the date of
the submittal of the President's budget for the fiscal
year after the fiscal year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and inserting
``risk assessment of'';
(ii) in subparagraph (C), by inserting ``, as
required under subsection (b)(2)'' before the
semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the extent
practicable,'' before ``a
description''; and
(II) by striking ``budget plan'' and
inserting ``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
and
(II) by striking ``the status of'';
(v) in subparagraph (G)--
(I) by inserting ``to the extent
practicable,'' before ``a discussion'';
(II) by striking ``the status of'';
(III) by inserting ``and risks''
before ``to national homeland''; and
(IV) by inserting ``and'' after the
semicolon at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as
subparagraph (H);
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following
new paragraph (3):
``(3) Documentation.--The Secretary shall retain and, upon
request, provide to Congress the following documentation
regarding the quadrennial homeland security review:
``(A) Records regarding the consultation carried out
the pursuant to subsection (a)(3), including--
``(i) all written communications, including
communications sent out by the Secretary and
feedback submitted to the Secretary through
technology, online communications tools, in-
person discussions, and the interagency
process; and
``(ii) information on how feedback received
by the Secretary informed the quadrennial
homeland security review.
``(B) Information regarding the risk assessment, as
required under subsection (c)(2)(B), including--
``(i) the risk model utilized to generate the
risk assessment;
``(ii) information, including data used in
the risk model, utilized to generate the risk
assessment;
``(iii) sources of information, including
other risk assessments, utilized to generate
the risk assessment; and
``(iv) information on assumptions, weighing
factors, and subjective judgments utilized to
generate the risk assessment, together with
information on the rationale or basis
thereof.''; and
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new
subsection (d):
``(d) Review.--Not later than 90 days after the submission of each
report required under subsection (c)(1), the Secretary shall provide to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate information on the degree to which the findings and
recommendations developed in the quadrennial homeland security review
covered by the report were integrated into the acquisition strategy and
expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to a quadrennial homeland security review conducted after
December 31, 2017.
SEC. 108. OFFICE OF STRATEGY, POLICY, AND PLANS.
(a) In General.--Section 709 of the Homeland Security Act of 2002 (6
U.S.C. 349) is amended--
(1) in subsection (a), by adding at the end the following:
``The Office of Strategy, Policy, and Plans shall include the
following components:
``(1) The Office of Partnership and Engagement.
``(2) The Office of International Affairs.
``(3) The Office of Cyber, Infrastructure, and Resilience
Policy.
``(4) The Office of Strategy, Planning, Analysis, and Risk.
``(5) The Office of Threat Prevention and Security Policy.
``(6) The Office of Border, Immigration, and Trade Policy.'';
(2) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Assistant Secretaries and Directors.--
``(1) Assistant secretary for partnership and engagement.--
The Office of Partnership and Engagement shall be led by an
Assistant Secretary for Partnership and Engagement appointed by
the Secretary. The Assistant Secretary shall--
``(A) lead the efforts of the Department to
incorporate external feedback from stakeholders into
policy and strategic planning efforts, as appropriate,
in consultation with the Office for Civil Rights and
Civil Liberties;
``(B) conduct the activities specified in section
2006(b);
``(C) advise the Secretary on the effects of the
policies, regulations, processes, and actions of the
Department on the private sector and create and foster
strategic communications with the private sector to
enhance the primary mission of the Department to
protect the homeland;
``(D) coordinate the activities of the Department
relating to State and local government;
``(E) provide State and local governments with
regular information, research, and technical support to
assist local efforts at securing the homeland; and
``(F) perform such other functions as are established
by law or delegated by the Under Secretary for Policy.
``(2) Assistant secretary for international affairs.--The
Office of International Affairs shall be led by an Assistant
Secretary for International Affairs appointed by the Secretary.
The Assistant Secretary shall--
``(A) coordinate international activities within the
Department, including activities carried out by the
components of the Department, in consultation with
other Federal officials with responsibility for
counterterrorism and homeland security matters;
``(B) advise, inform, and assist the Secretary with
respect to the development and implementation of the
policy priorities of the Department, including
strategic priorities for the deployment of assets,
including personnel, outside the United States;
``(C) develop, in consultation with the Under
Secretary for Management, guidance for selecting,
assigning, training, and monitoring overseas
deployments of Department personnel, including minimum
standards for pre-deployment training;
``(D) maintain awareness regarding the international
travel of senior officers of the Department and their
intent to pursue negotiations with foreign government
officials, and review resulting draft agreements; and
``(E) perform such other functions as are established
by law or delegated by the Under Secretary for
Policy.''.
(b) Abolishment of Office of International Affairs.--
(1) In general.--The Office of International Affairs within
the Office of the Secretary of Homeland Security is abolished.
(2) Transfer of assets and personnel.--The functions
authorized to be performed by such office as of the day before
the date of the enactment of this Act, and the assets and
personnel associated with such functions, are transferred to
the head of the Office of International Affairs provided for by
section 709 of the Homeland Security Act of 2002, as amended by
this section.
(3) Conforming amendment.--The Homeland Security Act of 2002
is amended by striking section 879 (6 U.S.C. 459).
(4) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 879.
(c) Transfer of Functions, Assets, and Personnel of Office for State
and Local Law Enforcement.--The functions authorized to be performed by
the Office for State and Local Law Enforcement of the Department of
Homeland Security as of the day before the date of the enactment of
this Act, and the assets and personnel associated with such functions,
are transferred to the head of the Office of Partnership and Engagement
provided for by section 709 of the Homeland Security Act of 2002, as
amended by this section.
(d) Abolishment of Office for State and Local Government
Coordination.--
(1) In general.--The Office for State and Local Government
Coordination of the Department of Homeland Security is
abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by such office immediately before
the enactment of this Act, and the assets and personnel
associated with such functions, are transferred to the head of
Office of Partnership and Engagement provided for by section
709 of the Homeland Security Act of 2002, as amended by this
section.
(3) Conforming amendment.--The Homeland Security Act of 2002
is amended by striking section 801 (6 U.S.C. 631).
(4) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 801.
(e) Abolishment of Special Assistant to Secretary of Homeland
Security.--
(1) In general.--The Special Assistant to the Secretary
authorized by section 102(f) of the Homeland Security Act of
2002 (6 U.S.C. 112(f)), as in effect immediately before the
enactment of this Act, is abolished.
(2) Transfer of functions and assets.--The functions
authorized to be performed by such Special Assistant to the
Secretary immediately before the enactment of this Act, and the
assets and personnel associated with such functions, are
transferred to the head of the Office of Partnership and
Engagement provided for by section 709 of the Homeland Security
Act of 2002, as amended by this section.
(3) Conforming amendment.--Section 102 of the Homeland
Security Act of 2002 (6 U.S.C. 112) is amended by striking
subsection (f).
(f) Conforming Amendments Relating to Assistant Secretaries.--
Subsection (a) of section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113) is amended--
(1) in the subsection heading, by inserting ``; Assistant
Secretaries'' after ``Under Secretaries'';
(2) in paragraph (1), by striking subparagraph (I) and
redesignating subparagraphs (J) and (K) as subparagraphs (I)
and (J), respectively; and
(3) by amending paragraph (2) to read as follows:
``(2) Assistant secretaries and other officials.--
``(A) Advice and consent appointments.--The
Department shall have the following officials appointed
by the President, by and with the advice and consent of
the Senate:
``(i) The Assistant Secretary, U.S.
Immigration and Customs Enforcement.
``(ii) The Administrator, Transportation
Security Administration.
``(B) Other presidential appointments.--The
Department shall have the following Assistant
Secretaries appointed by the President:
``(i) The Assistant Secretary, Infrastructure
Protection.
``(ii) The Assistant Secretary, Office of
Public Affairs.
``(iii) The Assistant Secretary, Office of
Legislative Affairs.
``(C) Secretarial appointments.--The Department shall
have the following Assistant Secretaries appointed by
the Secretary:
``(i) The Assistant Secretary, Office of
Cybersecurity and Communications.
``(ii) The Assistant Secretary for
International Affairs.
``(iii) The Assistant Secretary for
Partnership and Engagement.
``(iv) The Assistant Secretary for Threat
Prevention and Security Policy.
``(v) The Assistant Secretary for Border,
Immigration, and Trade Policy.
``(vi) The Assistant Secretary for Cyber,
Infrastructure, and Resilience Policy.
``(vii) The Assistant Secretary for Strategy,
Planning, Analysis, and Risk.
``(viii) The Assistant Secretary for State
and Local Law Enforcement.''; and
(4) by adding at the end the following new paragraphs:
``(3) Assistant secretary, legislative affairs.--The
Assistant Secretary, Legislative Affairs shall oversee one
internal reporting structure for engaging with authorizing and
appropriating congressional committees.
``(4) Limitation on creation of positions.--No Assistant
Secretary position may be created in addition to the positions
provided for by this section unless such position is authorized
by a statute enacted after the date of the enactment of the
Department of Homeland Security Authorization Act of 2017.''.
(g) Homeland Security Advisory Council.--Subsection (b) of section
102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) shall establish a Homeland Security Advisory Council to
provide advice and recommendations on homeland security-related
matters, including advice with respect to the preparation of
the Quadrennial Homeland Security Review.''.
(h) Prohibition on New Offices.--No new office may be created to
perform functions transferred by this section, other than as provided
in section 709 of the Homeland Security Act of 2002, as amended by this
Act.
(i) Definitions.--In this section each of the terms ``functions'',
``assets'', and ``personnel'' has the meaning given each such term
under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(j) Duplication Review.--
(1) Review required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Homeland
Security shall complete a review of the functions and
responsibilities of each Department of Homeland Security
component responsible for international affairs to identify and
eliminate areas of unnecessary duplication.
(2) Submittal to congress.--Not later than 30 days after the
completion of the review required under paragraph (1), the
Secretary shall provide the results of the review to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate.
(3) Action plan.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional homeland security committees an action plan,
including corrective steps and an estimated date of completion,
to address areas of duplication, fragmentation, and overlap and
opportunities for cost savings and revenue enhancement, as
identified by the Government Accountability Office based on the
annual report of the Government Accountability Office entitled
``Additional Opportunities to Reduce Fragmentation, Overlap,
and Duplication and Achieve Other Financial Benefits''.
SEC. 109. CHIEF PROCUREMENT OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 710. CHIEF PROCUREMENT OFFICER.
``(a) In General.--There is in the Department a Chief Procurement
Officer, who shall serve as a senior business advisor to agency
officials on procurement-related matters and report directly to the
Under Secretary for Management. The Chief Procurement Officer is the
senior procurement executive for purposes of subsection (c) of section
1702 of title 41, United States Code, and shall perform procurement
functions as specified in such subsection.
``(b) Responsibilities.--The Chief Procurement Officer shall--
``(1) delegate or retain contracting authority, as
appropriate;
``(2) issue procurement policies and oversee the heads of
contracting activity of the Department to ensure compliance
with those policies;
``(3) serve as the main liaison of the Department to industry
on procurement-related issues;
``(4) account for the integrity, performance, and oversight
of Department procurement and contracting functions;
``(5) ensure that procurement contracting strategies and
plans are consistent with the intent and direction of the
Acquisition Review Board;
``(6) oversee a centralized acquisition workforce
certification and training program using, as appropriate,
existing best practices and acquisition training opportunities
from the Federal Government, private sector, or universities
and colleges to include training on how best to identify
actions that warrant referrals for suspension or debarment;
``(7) provide input on the periodic performance reviews of
each head of contracting activity of the Department;
``(8) collect baseline data and use such data to establish
performance measures on the impact of strategic sourcing
initiatives on the private sector, including small businesses;
``(9) establish and implement policies and procedures to
effectively monitor and manage vulnerabilities in the supply
chain for all Department purchases;
``(10) ensure that a fair proportion of the value of Federal
contracts and subcontracts are awarded to small businesses (in
accordance with the procurement contract goals under section
15(g) of the Small Business Act (15 U.S.C. 644(g)), maximize
opportunities for small business participation in such
contracts, and ensure, to the extent practicable, small
businesses that achieve qualified vendor status for security-
related technologies are provided an opportunity to compete for
contracts for such technology;
``(11) conduct oversight of implementation of administrative
agreements to resolve suspension or debarment proceedings and,
upon request, provide information to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate about
the effectiveness of such agreements at improving contractor
responsibility; and
``(12) carry out any other procurement duties that the Under
Secretary for Management may designate.
``(c) Head of Contracting Activity Defined.--In this section the term
`head of contracting activity' means an official responsible for the
creation, management, and oversight of a team of procurement
professionals properly trained, certified, and warranted to accomplish
the acquisition of products and services on behalf of the designated
components, offices, and organizations of the Department, and as
authorized, other government entities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 709
the following new item:
``Sec. 710. Chief Procurement Officer.''.
SEC. 110. CHIEF SECURITY OFFICER.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is further amended by inserting after the item
relating to section 710, as added by this Act, the following new
section:
``SEC. 711. CHIEF SECURITY OFFICER.
``(a) In General.--There is in the Department a Chief Security
Officer, who shall report directly to the Under Secretary for
Management.
``(b) Responsibilities.--The Chief Security Officer shall--
``(1) develop and implement the security policies, programs,
and standards of the Department;
``(2) identify training and provide education to Department
personnel on security-related matters; and
``(3) provide support to Department components on security-
related matters.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 710, as added by this Act, the following new item:
``Sec. 711. Chief Security Officer.''.
SEC. 111. OFFICE OF INSPECTOR GENERAL.
(a) Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) The Inspector General Act of 1978 mandates that
Inspectors General are to conduct audits and
investigations relating to the programs and operations
of Federal departments to promote economy, efficiency,
and effectiveness in the administration of programs and
operations, and to prevent and detect fraud and abuse
in such programs and operations.
(B) The Inspector General Act of 1978 mandates that
Inspectors General are to provide a means for keeping
Federal departments and the Congress fully and
currently informed about problems and deficiencies
relating to the administration of such programs and
operations and the necessity for and progress of
corrective action.
(C) The Office of the Inspector General of the
Department of Homeland Security detects, investigates,
and prevents instances of waste, fraud, abuse, and
mismanagement within the Department, and offers
solutions for response.
(D) The Office of the Inspector General of the
Department of Homeland Security consistently produces
high-value, high-impact work that enhances the security
and safety of the homeland.
(E) The Inspector General of the Department of
Homeland Security provides the leadership and
accountability within the Office of the Inspector
General to oversee a cabinet-level agency.
(F) The Inspector General of the Department of
Homeland Security stands as a leader within the
Inspector General community through consistent
exemplary service.
(G) The Office of Inspector General of the Department
of Homeland Security offers the Federal Government and
American taxpayers an impressive return on investment,
measured in dollars spent versus dollars saved.
(H) The Office of the Inspector General of the
Department of Homeland Security enhances the
Department's ability to effectively and efficiently
administer laws.
(2) Sense of congress.--It is the sense of Congress that the
Inspector General of the Department of Homeland Security plays
a vital role in fulfilling the Department's daily missions.
(b) Notification.--The heads of offices and components of the
Department of Homeland Security shall promptly advise the Inspector
General of the Department of all allegations of misconduct with respect
to which the Inspector General has investigative authority under the
Inspector General Act of 1978. The Inspector General may waive the
notification requirement under this subsection with respect to any
category or subset of allegations of misconduct.
(c) Rule of Construction.--Nothing in this section may be construed
as affecting the authority of the Secretary of Homeland Security under
subsection (a) of section 8I of the Inspector General Act of 1978 (5
U.S.C. App. 8I).
SEC. 112. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
(a) In General.--Section 705 of the Homeland Security Act of 2002 (6
U.S.C. 345) is amended--
(1) in the section heading, by striking ``establishment of
officer for'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Office for Civil Rights and Civil Liberties.--There is in the
Department an Office for Civil Rights and Civil Liberties. Under the
direction of the Officer for Civil Rights and Civil Liberties, the
Office shall support the Officer in the following:
``(1) Integrating civil rights and civil liberties into
activities of the Department by conducting programs and
providing policy advice and other technical assistance.
``(2) Investigating allegations of violations of civil rights
and civil liberties from the public.
``(3) Carrying out the Department's equal employment
opportunity and diversity policies and programs, including
complaint management and adjudication.
``(4) Communicating with individuals and communities whose
civil rights and civil liberties may be affected by Department
activities.
``(5) Any other activities as assigned by the Officer.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $22,571,000 for each of fiscal years 2018 and 2019 to
carry out section 705 of the Homeland Security Act of 2002, as amended
by subsection (a) of this section.
SEC. 113. DEPARTMENT OF HOMELAND SECURITY ROTATION PROGRAM.
(a) Enhancements to the Rotation Program.--Section 844 of the
Homeland Security Act of 2002 (6) U.S.C. 414) is amended--
(1) by striking ``(a) Establishment.--'';
(2) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively, and adjusting the
margins accordingly;
(3) in subsection (a), as so redesignated--
(A) by striking ``Not later than 180 days after the
date of enactment of this section, the'' and inserting
``The''; and
(B) by striking ``for employees of the Department''
and inserting ``for certain personnel within the
Department'';
(4) in subsection (b), as so redesignated--
(A) by redesignating subparagraphs (A) through (G) as
paragraphs (3) through (9), respectively, and adjusting
the margins accordingly;
(B) by inserting before paragraph (3), as so
redesignated, the following new paragraphs:
``(1) seek to foster greater departmental integration and
unity of effort;
``(2) seek to help enhance the knowledge, skills, and
abilities of participating personnel with respect to the
programs, policies, and activities of the Department;'';
(C) in paragraph (4), as so redesignated, by striking
``middle and senior level''; and
(D) in paragraph (7), as so redesignated, by
inserting before ``invigorate'' the following: ``seek
to improve morale and retention throughout the
Department and'';
(5) in subsection (c), as redesignated by paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and adjusting the
margins accordingly; and
(B) in paragraph (2), as so redesignated--
(i) by striking clause (iii); and
(ii) by redesignating clauses (i), (ii), and
(iv) through (viii) as subparagraphs (A)
through (G), respectively, and adjusting the
margins accordingly;
(6) by redesignating subsections (d) and (e), as redesignated
by paragraph (2), as subsections (e) and (f), respectively;
(7) by inserting after subsection (c) the following new
subsection:
``(d) Administrative Matters.--In carrying out the Rotation Program
the Secretary shall--
``(1) before selecting employees for participation in the
Rotation Program, disseminate information broadly within the
Department about the availability of the Rotation Program,
qualifications for participation in the Rotation Program,
including full-time employment within the employing component
or office not less than one year, and the general provisions of
the Rotation Program;
``(2) require as a condition of participation in the Rotation
Program that an employee--
``(A) is nominated by the head of the component or
office employing the employee; and
``(B) is selected by the Secretary, or the
Secretary's designee, solely on the basis of relative
ability, knowledge, and skills, after fair and open
competition that assures that all candidates receive
equal opportunity;
``(3) ensure that each employee participating in the Rotation
Program shall be entitled to return, within a reasonable period
of time after the end of the period of participation, to the
position held by the employee, or a corresponding or higher
position, in the component or office that employed the employee
prior to the participation of the employee in the Rotation
Program;
``(4) require that the rights that would be available to the
employee if the employee were detailed from the employing
component or office to another Federal agency or office remain
available to the employee during the employee participation in
the Rotation Program; and
``(5) require that, during the period of participation by an
employee in the Rotation Program, performance evaluations for
the employee--
``(A) shall be conducted by officials in the office
or component employing the employee with input from the
supervisors of the employee at the component or office
in which the employee is placed during that period; and
``(B) shall be provided the same weight with respect
to promotions and other rewards as performance
evaluations for service in the office or component
employing the employee.''; and
(8) by adding at the end the following new subsection:
``(g) Intelligence Rotational Assignment Program.--
``(1) Establishment.--The Secretary shall establish an
Intelligence Rotational Assignment Program as part of the
Rotation Program under subsection (a).
``(2) Administration.--The Chief Human Capital Officer, in
conjunction with the Chief Intelligence Officer, shall
administer the Intelligence Rotational Assignment Program
established pursuant to paragraph (1).
``(3) Eligiblity.--The Intelligence Rotational Assignment
Program established pursuant to paragraph (1) shall be open to
employees serving in existing analyst positions within the
Department's Intelligence Enterprise and other Department
employees as determined appropriate by the Chief Human Capital
Officer and the Chief Intelligence Officer.
``(4) Coordination.--The responsibilities specified in
subsection (c)(2) that apply to the Rotation Program under such
subsection shall, as applicable, also apply to the Intelligence
Rotational Assignment Program under this subsection.''.
(b) Congressional Notification and Oversight.--Not later than 120
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information about the status of
the Homeland Security Rotation Program authorized by section 844 of the
Homeland Security Act of 2002, as amended by subsection (a) of this
section.
SEC. 114. FUTURE YEARS HOMELAND SECURITY PROGRAM.
(a) In General.--Section 874 of the Homeland Security Act of 2002 (6
U.S.C. 454) is amended--
(1) in the section heading, by striking ``year'' and
inserting ``years'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Not later than 60 days after the date on which the
budget of the President is submitted to Congress under section 1105(a)
of title 31, United States Code, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
(referred to in this section as the `appropriate committees') a Future
Years Homeland Security Program that covers the fiscal year for which
the budget is submitted and the 4 succeeding fiscal years.''; and
(3) by striking subsection (c) and inserting the following
new subsections:
``(c) Projection of Acquisition Estimates.--On and after February 1,
2018, each Future Years Homeland Security Program shall project--
``(1) acquisition estimates for the fiscal year for which the
budget is submitted and the four succeeding fiscal years, with
specified estimates for each fiscal year, for all major
acquisitions by the Department and each component of the
Department; and
``(2) estimated annual deployment schedules for all physical
asset major acquisitions over the five-fiscal-year period
described in paragraph (1) and the full operating capability
for all information technology major acquisitions.
``(d) Sensitive and Classified Information.--The Secretary may
include with each Future Years Homeland Security Program a classified
or other appropriately controlled document containing any information
required to be submitted under this section that is restricted from
public disclosure in accordance with Federal law or any Executive
Order.
``(e) Availability of Information to the Public.--The Secretary shall
make available to the public in electronic form the information
required to be submitted to the appropriate committees under this
section, other than information described in subsection (d).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by striking the item relating to section
874 and inserting the following new item:
``874. Future Years Homeland Security Program.''.
SEC. 115. FIELD EFFICIENCIES PLAN.
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives and Committee on Homeland Security and
Governmental Affairs of the Senate a field efficiencies plan
that--
(A) examines the facilities and administrative and
logistics functions of components of the Department of
Homeland Security located within designated geographic
areas; and
(B) provides specific recommendations and an
associated cost-benefit analysis for the consolidation
of the facilities and administrative and logistics
functions of components of the Department within each
designated geographic area.
(2) Contents.--The field efficiencies plan submitted under
paragraph (1) shall include the following:
(A) An accounting of leases held by the Department or
its components that have expired in the current fiscal
year or will be expiring in the next fiscal year, that
have begun or been renewed in the current fiscal year,
or that the Department or its components plan to sign
or renew in the next fiscal year.
(B) For each designated geographic area--
(i) An evaluation of specific facilities at
which components, or operational entities of
components, of the Department may be closed or
consolidated, including consideration of when
leases expire or facilities owned by the
government become available.
(ii) An evaluation of potential consolidation
with facilities of other Federal, State, or
local entities, including--
(I) offices;
(II) warehouses;
(III) training centers;
(IV) housing;
(V) ports, shore facilities, and
airfields;
(VI) laboratories; and
(VII) other assets as determined by
the Secretary.
(iii) An evaluation of the potential for the
consolidation of administrative and logistics
functions, including--
(I) facility maintenance;
(II) fleet vehicle services;
(III) mail handling and shipping and
receiving;
(IV) facility security;
(V) procurement of goods and
services;
(VI) information technology and
telecommunications services and
support; and
(VII) additional ways to improve
unity of effort and cost savings for
field operations and related support
activities as determined by the
Secretary.
(C) An implementation plan, including--
(i) near-term actions that can co-locate,
consolidate, or dispose of property within 24
months;
(ii) identifying long-term occupancy
agreements or leases that cannot be changed
without a significant cost to the Government;
and
(iii) how the Department can ensure it has
the capacity, in both personnel and funds,
needed to cover up-front costs to achieve
consolidation and efficiencies.
(D) An accounting of any consolidation of the real
estate footprint of the Department or any component of
the Department, including the co-location of personnel
from different components, offices, and agencies within
the Department.
SEC. 116. SUBMISSION TO CONGRESS OF INFORMATION REGARDING REPROGRAMMING
OR TRANSFER OF DEPARTMENT OF HOMELAND SECURITY
RESOURCES TO RESPOND TO OPERATIONAL SURGES.
(a) In General.--Title VII of the Homeland Security Act of 2002 is
further amended by adding at the end the following new section:
``SEC. 712. ANNUAL SUBMITTAL TO CONGRESS OF INFORMATION ON
REPROGRAMMING OR TRANSFERS OF FUNDS TO RESPOND TO
OPERATIONAL SURGES.
``For each fiscal year until fiscal year 2023, the Secretary of
Homeland Security shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, together with the annual budget
request for the Department, information on--
``(1) any circumstance during the year covered by the report
in which the Secretary exercised the authority to reprogram or
transfer funds to address unforeseen costs, including costs
associated with operational surges; and
``(2) any circumstance in which any limitation on the
transfer or reprogramming of funds affected the ability of the
Secretary to address such unforeseen costs.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 711, as added by this Act, the following new item:
``712. Annual submittal to Congress of information on reprogramming or
transfers of funds to respond to operational surges.''.
SEC. 117. REPORT TO CONGRESS ON COST SAVINGS AND EFFICIENCY.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Under Secretary of Homeland Security for Management, shall
submit to the congressional homeland security committees a report that
includes each of the following:
(1) A detailed accounting of the management and
administrative expenditures and activities of each component of
the Department of Homeland Security and identifies potential
cost savings, avoidances, and efficiencies for those
expenditures and activities.
(2) An examination of major physical assets of the
Department, as defined by the Secretary;
(3) A review of the size, experience level, and geographic
distribution of the operational personnel of the Department.
(4) Recommendations for adjustments in the management and
administration of the Department that would reduce deficiencies
in the capabilities of the Department, reduce costs, and
enhance efficiencies.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form but may include a classified annex.
SEC. 118. RESEARCH AND DEVELOPMENT AND CBRNE ORGANIZATIONAL REVIEW.
(a) Department of Homeland Security Research and Development
Activities.--
(1) In general.--The Secretary of Homeland Security shall
assess the organization and management of the Department of
Homeland Security's research and development activities, and
shall develop and submit to the Committee on Homeland Security
and the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate, not later than six
months after the date of the enactment of this Act, a proposed
organizational structure for the management of such research
and development activities.
(2) Organizational justification.--The proposed
organizational structure for the management of the Department
of Homeland Security's research and development activities
included in the assessment required under paragraph (1) shall
include the following:
(A) A discussion of the methodology for determining
such proposed organizational structure.
(B) A comprehensive inventory of research and
development activities of the Department, and the
proposed location of each activity under such proposed
organizational structure.
(C) Information relating to how such proposed
organizational structure will facilitate and promote
enhanced coordination and better collaboration between
the Under Secretary for Science and Technology of the
Department and the offices and components of the
Department, including a specific description of
operational challenges resulting from the current
organizational structure and a detailed explanation of
how the proposed organizational structure will address
such challenges.
(D) Information relating to how such proposed
organizational structure will support the development
of research and development priorities and capabilities
across the Department.
(E) A discussion of any resulting cost savings and
efficiencies from such proposed organizational
structure.
(F) Recommendations for any necessary statutory
changes, an explanation of why no statutory or
organizational changes are necessary, or a request for
additional time to complete the organizational
justification.
(b) Department of Homeland Security Chemical, Biological,
Radiological, Nuclear, and Explosives Activities.--
(1) In general.--The Secretary of Homeland Security shall
assess the organization and management of the Department of
Homeland Security's chemical, biological, radiological,
nuclear, and explosives activities, and shall develop and
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, not later than six months
after the date of the enactment of this Act, a proposed
organizational structure to ensure enhanced coordination and
provide strengthened chemical, biological, radiological,
nuclear, and explosives capabilities in support of homeland
security.
(2) Organizational justification.--The proposed
organizational structure for the management of the Department
of Homeland Security's chemical, biological, radiological,
nuclear, and explosives activities included in the assessment
required under paragraph (1) shall include the following:
(A) A discussion of the methodology for determining
such proposed organizational structure.
(B) A comprehensive inventory of chemical,
biological, radiological, nuclear, and explosives
activities of the Department, and the proposed location
of each activity under such proposed organizational
structure.
(C) Information relating to how such proposed
organizational structure will enhance the development
of chemical, biological, radiological, nuclear, and
explosives priorities and capabilities across the
Department, including a specific description of
operational challenges resulting from the current
organizational structure and a detailed explanation of
how the proposed organizational structure will address
such challenges.
(D) A discussion of any resulting cost savings and
efficiencies from such proposed organizational
structure.
(E) Recommendations for any necessary statutory
changes, an explanation of why no statutory or
organizational changes are necessary, or a request for
additional time to complete the organizational
justification.
(c) Review Required.--Not later than three months after the
submission of the proposed organizational justifications required under
subsections (a)(1) and (b)(1), the Comptroller General of the United
States shall submit to the Committee on Homeland Security and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a review of the organizational justifications.
The review shall consider how the proposed organizational realignment,
or lack thereof, of research and development activities and chemical,
biological, radiological, nuclear, and explosives activities will
improve or impede the Department's ongoing efforts is such mission
areas, including an assessment of--
(1) any potential cost savings or additional costs incurred
as a result of any proposed organizational realignment;
(2) an assessment of the comparison of benefits and costs of
the proposed organizational structure;
(3) the extent to which the organizational justification
submitted pursuant to subsections (a)(1) and (b)(1) fully
assesses, documents, and addresses any potential problems that
could result from any proposed organizational realignment;
(4) the extent to which the organizational justification
identifies specific deficiencies in operations resulting from
the existing organizational structure of the Department and an
explanation of how any proposed realignment will address such
deficiencies;
(5) the extent to which the Department solicited and
incorporated the feedback of its workforce in the proposed
organizational structure; and
(6) the extent to which the Department conducted and
incorporated stakeholder outreach in developing the proposed
organizational structure.
SEC. 119. ACTIVITIES RELATED TO CHILDREN.
Paragraph (6) of subsection (c) of section 708 of the Homeland
Security Act of 2002 (6 U.S.C. 349(c)), as redesignated by section 410
of this Act, is amended by inserting ``, including feedback from
organizations representing the needs of children,'' after ``stakeholder
feedback''.
Subtitle B--Human Resources and Other Matters
SEC. 121. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, including with respect
to leader development and employee
engagement,'' after ``policies'';
(ii) by striking ``and in line'' and
inserting ``, in line''; and
(iii) by inserting ``and informed by best
practices within the Federal government and the
private sector,'' after ``priorities,'';
(B) in paragraph (2), by striking ``develop
performance measures to provide a basis for monitoring
and evaluating'' and inserting ``evaluate, on an
ongoing basis,'';
(C) in paragraph (3), by inserting ``that, to the
extent practicable, are informed by employee
feedback,'' after ``policies'';
(D) in paragraph (4), by inserting ``including leader
development and employee engagement programs,'' before
``in coordination'';
(E) in paragraph (5), by inserting before the
semicolon at the end the following: ``that is informed
by an assessment, carried out by the Chief Human
Capital Officer, of the learning and developmental
needs of employees in supervisory and non-supervisory
roles across the Department and appropriate workforce
planning initiatives'';
(F) by redesignating paragraphs (9) and (10) as
paragraphs (11) and (12), respectively; and
(G) by inserting after paragraph (8) the following
new paragraphs:
``(9) maintain a catalogue of available employee development
opportunities, including the Homeland Security Rotation Program
pursuant to section 844, departmental leadership development
programs, interagency development programs, and other
rotational programs;
``(10) ensure that employee discipline and adverse action
programs comply with the requirements of all pertinent laws,
rules, regulations, and Federal guidance, and ensure due
process for employees;'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Chief Learning and Engagement Officer.--The Chief Human Capital
Officer may designate an employee of the Department to serve as a Chief
Learning and Engagement Officer to assist the Chief Human Capital
Officer in carrying out this section.''; and
(4) in subsection (e), as so redesignated--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) information on employee development opportunities
catalogued pursuant to paragraph (9) of subsection (b) and any
available data on participation rates, attrition rates, and
impacts on retention and employee satisfaction;
``(3) information on the progress of Department-wide
strategic workforce planning efforts as determined under
paragraph (2) of subsection (b);
``(4) information on the activities of the steering committee
established pursuant to section 710(a), including the number of
meeting, types of materials developed and distributed, and
recommendations made to the Secretary;''.
SEC. 122. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 714. EMPLOYEE ENGAGEMENT.
``(a) Steering Committee.--Not later than 120 days after the date of
the enactment of this section, the Secretary shall establish an
employee engagement steering committee, including representatives from
operational components, headquarters, and field personnel, including
supervisory and non-supervisory personnel, and employee labor
organizations that represent Department employees, and chaired by the
Under Secretary for Management, to carry out the following activities:
``(1) Identify factors that have a negative impact on
employee engagement, morale, and communications within the
Department, such as perceptions about limitations on career
progression, mobility, or development opportunities, collected
through employee feedback platforms, including through annual
employee surveys, questionnaires, and other communications, as
appropriate.
``(2) Identify, develop, and distribute initiatives and best
practices to improve employee engagement, morale, and
communications within the Department, including through annual
employee surveys, questionnaires, and other communications, as
appropriate.
``(3) Monitor efforts of each component to address employee
engagement, morale, and communications based on employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as appropriate.
``(4) Advise the Secretary on efforts to improve employee
engagement, morale, and communications within specific
components and across the Department.
``(5) Conduct regular meetings and report, not less than once
per quarter, to the Under Secretary for Management, the head of
each component, and the Secretary on Department-wide efforts to
improve employee engagement, morale, and communications.
``(b) Action Plan; Reporting.--The Secretary, acting through the
Chief Human Capital Officer, shall--
``(1) not later than 120 days after the date of the
establishment of the steering committee under subsection (a),
issue a Department-wide employee engagement action plan,
reflecting input from the employee engagement steering
committee established pursuant to subsection (a) and employee
feedback provided through annual employee surveys,
questionnaires, and other communications in accordance with
paragraph (1) of such subsection, to execute strategies to
improve employee engagement, morale, and communications within
the Department; and
``(2) require the head of each component to--
``(A) develop and implement a component-specific
employee engagement plan to advance the action plan
required under paragraph (1) that includes performance
measures and objectives, is informed by employee
feedback provided through annual employee surveys,
questionnaires, and other communications, as
appropriate, and sets forth how employees and, where
applicable, their labor representatives are to be
integrated in developing programs and initiatives;
``(B) monitor progress on implementation of such
action plan; and
``(C) provide to the Chief Human Capital Officer and
the steering committee quarterly reports on actions
planned and progress made under this paragraph.
``(c) Termination.--This section shall terminate on the date that is
five years after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
related to section 713, as added by this Act, the following new item:
``Sec. 714. Employee engagement.''.
(c) Submissions to Congress.--
(1) Department-wide employee engagement action plan.--The
Secretary of Homeland Security, acting through the Chief Human
Capital Officer of the Department of Homeland Security, shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the Department-wide employee
engagement action plan required under subsection (b)(1) of
section 714 of the Homeland Security Act of 2002 (as added by
subsection (a) of this section) not later than 30 days after
the issuance of such plan under such subsection (b)(1).
(2) Component-specific employee engagement plans.--Each head
of a component of the Department of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate the component-specific
employee engagement plan of each such component required under
subsection (b)(2) of section 714 of the Homeland Security Act
of 2002 (as added by subsection (a) of this section) not later
than 30 days after the issuance of each such plan under such
subsection (b)(2).
SEC. 123. ANNUAL EMPLOYEE AWARD PROGRAM.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by section 122 of this Act, is further
amended by adding at the end the following new section:
``SEC. 715. ANNUAL EMPLOYEE AWARD PROGRAM.
``(a) In General.--The Secretary may establish an annual employee
award program to recognize Department employees or groups of employees
for significant contributions to the achievement of the Department's
goals and missions. If such a program is established, the Secretary
shall--
``(1) establish within such program categories of awards,
each with specific criteria, that emphasizes honoring employees
who are at the non-supervisory level;
``(2) publicize within the Department how any employee or
group of employees may be nominated for an award;
``(3) establish an internal review board comprised of
representatives from Department components, headquarters, and
field personnel to submit to the Secretary award
recommendations regarding specific employees or groups of
employees;
``(4) select recipients from the pool of nominees submitted
by the internal review board under paragraph (3) and convene a
ceremony at which employees or groups of employees receive such
awards from the Secretary; and
``(5) publicize such program within the Department.
``(b) Internal Review Board.--The internal review board described in
subsection (a)(3) shall, when carrying out its function under such
subsection, consult with representatives from operational components
and headquarters, including supervisory and non-supervisory personnel,
and employee labor organizations that represent Department employees.
``(c) Rule of Construction.--Nothing in this section may be construed
to authorize additional funds to carry out the requirements of this
section or to require the Secretary to provide monetary bonuses to
recipients of an award under this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended this Act, is further amended
by inserting after the item relating to section 714 the following new
item:
``Sec. 715. Annual employee award program.''.
SEC. 124. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act or the issuance of a report by the Inspector
General of the Department of Homeland Security on the extent to which
the Department has an equitable and consistent disciplinary process,
whichever is later, but in no case later than one year after such date
of enactment, the Comptroller General of the United States shall
utilize, if available, such report and investigate whether the
application of discipline and adverse actions are administered in an
equitable and consistent manner that results in the same or
substantially similar disciplinary outcomes across the Department for
misconduct by a non-supervisory or supervisor employee who engaged in
the same or substantially similar misconduct.
(b) Consultation.--In carrying out the investigation described in
subsection (a), the Comptroller General of the United States shall
consult with the employee engagement steering committee established
pursuant to subsection (b)(1) of section 714 of the Homeland Security
Act of 2002 (as added by section 122(a) of this Act).
(c) Action by Under Secretary for Management.--Upon completion of the
investigation described in subsection (a), the Under Secretary for
Management of the Department of Homeland Security shall review the
findings and recommendations of such investigation and implement a
plan, in consultation with the employee engagement steering committee
established pursuant to subsection (b)(1) of section 714 of the
Homeland Security Act of 2002, to correct any relevant deficiencies
identified by the Comptroller General of the United States. The Under
Secretary for Management shall direct the employee engagement steering
committee to review such plan to inform committee activities and action
plans authorized under such section 714.
SEC. 125. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), is amended by adding at the end the following:
``SEC. 528. CENTER FOR FAITH-BASED AND NEIGHBORHOOD PARTNERSHIPS.
``(a) In General.--There is established in the Department a Center
for Faith-Based and Neighborhood Partnerships, headed by a Director.
``(b) Mission.--The mission of the Center shall be to develop and
coordinate Departmental outreach efforts with faith-based and community
organizations and serve as a liaison between such organizations and
components of the Department for activities related to securing
facilities, emergency preparedness and response, and combating human
trafficking.
``(c) Responsibilities.--In support of the mission of the Center for
Faith-Based and Neighborhood Partnerships, the Director shall--
``(1) develop, in collaboration with the Administrator of the
Federal Emergency Management Agency, 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 secure their facilities against natural
disasters, acts of terrorism, and other man-made disasters;
``(4) facilitate engagement and coordination among the
emergency management community and faith-based and community
organizations;
``(5) deliver training and technical assistance to faith-
based and community-based organizations and provide subject-
matter expertise related to anti-human trafficking efforts to
help communities successfully partner with other Blue Campaign
components; and
``(6) perform any other duties as assigned by the
Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 527 the following:
``Sec. 528. Center For Faith-Based And Neighborhood Partnerships.''.
SEC. 126. TIMELY GUIDANCE TO DHS PERSONNEL REGARDING EXECUTIVE ORDERS.
(a) In General.--Title VII of the Homeland Security Act of 2002 is
further amended by adding at the end the following new section:
``SEC. 716. TIMELY GUIDANCE TO PERSONNEL REGARDING EXECUTIVE ORDERS.
``To the maximum extent practicable, before any Executive Order
affecting Department functions, programs, or operations takes effect,
the Secretary, in coordination with the heads of relevant Department
components and offices, shall make every effort to, as expeditiously as
possible, provide to relevant Department personnel written guidance
regarding how such Executive Order is to be implemented.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 715, as added by this Act, the following new item:
``Sec. 716. Timely guidance to personnel regarding Executive Orders.''.
SEC. 127. SECRETARY'S RESPONSIBILITIES REGARDING ELECTION
INFRASTRUCTURE.
The Secretary of Homeland Security shall continue to prioritize the
provision of assistance, on a voluntary basis, to State and local
election officials in recognition of the importance of election
infrastructure to the United States and that its incapacity or
destruction would have a debilitating impact on national security, and
that state and non-state adversaries should not compromise election
infrastructure.
TITLE II--DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY
AND EFFICIENCY
SEC. 201. DEFINITIONS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 is amended by inserting before section 831 the following
new section:
``SEC. 830. DEFINITIONS.
``In this subtitle:
``(1) The term `acquisition' has the meaning given such term
in section 131 of title 41, United States Code.
``(2) The term `acquisition decision authority' means the
authority, held by the Secretary acting through the Deputy
Secretary or Under Secretary for Management to--
``(A) ensure compliance with Federal law, the Federal
Acquisition Regulation, and Department acquisition
management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program through
the life cycle of such program;
``(C) ensure that acquisition program managers have
the resources necessary to successfully execute an
approved acquisition program;
``(D) ensure good acquisition program management of
cost, schedule, risk, and system performance of the
acquisition program at issue, including assessing
acquisition program baseline breaches and directing any
corrective action for such breaches; and
``(E) ensure that acquisition program managers, on an
ongoing basis, monitor cost, schedule, and performance
against established baselines and use tools to assess
risks to an acquisition program at all phases of the
life cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) The term `acquisition decision event' means, with
respect to an acquisition program, a predetermined point within
each of the acquisition phases at which the acquisition
decision authority determines whether such acquisition program
shall proceed to the next acquisition phase.
``(4) The term `acquisition decision memorandum' means, with
respect to an acquisition, the official acquisition decision
event record that includes a documented record of decisions,
exit criteria, and assigned actions for such acquisition, as
determined by the person exercising acquisition decision
authority for such acquisition.
``(5) The term `acquisition program' means the process by
which the Department acquires, with any appropriated amounts,
by contract for purchase or lease, property or services
(including construction) that support the missions and goals of
the Department.
``(6) The term `acquisition program baseline', with respect
to an acquisition program, means a summary of the cost,
schedule, and performance parameters, expressed in standard,
measurable, quantitative terms, which must be met in order to
accomplish the goals of such program.
``(7) The term `best practices', with respect to acquisition,
means a knowledge-based approach to capability development that
includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the most
appropriate solution;
``(C) clearly establishing well-defined requirements;
``(D) developing realistic cost assessments and
schedules;
``(E) securing stable funding that matches resources
to requirements;
``(F) demonstrating technology, design, and
manufacturing maturity;
``(G) using milestones and exit criteria or specific
accomplishments that demonstrate progress;
``(H) adopting and executing standardized processes
with known success across programs;
``(I) establishing an adequate workforce that is
qualified and sufficient to perform necessary
functions; and
``(J) integrating the capabilities described in
subparagraphs (A) through (I) into the Department's
mission and business operations.
``(8) The term `breach', with respect to a major acquisition
program, means a failure to meet any cost, schedule, or
performance threshold specified in the most recently approved
acquisition program baseline.
``(9) The term `congressional homeland security committees'
means--
``(A) the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
``(B) the Committee on Appropriations of the House of
Representatives and of the Senate.
``(10) The term `Component Acquisition Executive' means the
senior acquisition official within a component who is
designated in writing by the Under Secretary for Management, in
consultation with the component head, with authority and
responsibility for leading a process and staff to provide
acquisition and program management oversight, policy, and
guidance to ensure that statutory, regulatory, and higher level
policy requirements are fulfilled, including compliance with
Federal law, the Federal Acquisition Regulation, and Department
acquisition management directives established by the Under
Secretary for Management.
``(11) The term `life cycle cost' means the total ownership
cost of an acquisition, including all relevant costs related to
acquiring, owning, operating, maintaining, and disposing of the
system, project, or product over a specified period of time.
``(12) The term `major acquisition program' means a
Department acquisition program that is estimated by the
Secretary to require an eventual total expenditure of at least
$300,000,000 (based on fiscal year 2017 constant dollars) over
its life cycle cost.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting before the item relating to
section 831 the following new item:
``830. Definitions.''.
Subtitle A--Acquisition Authorities
SEC. 211. ACQUISITION AUTHORITIES FOR UNDER SECRETARY FOR MANAGEMENT OF
THE DEPARTMENT OF HOMELAND SECURITY.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)(2), by inserting ``and acquisition
management'' after ``procurement'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding subsection (a) of section
1702 of title 41, United States Code, the Under Secretary for
Management is the Chief Acquisition Officer of the Department.
As Chief Acquisition Officer, the Under Secretary shall have
the authorities and perform the functions specified in
subsection (b) of such section and shall perform all other
functions and responsibilities delegated by the Secretary or
described in this subsection.
``(2) Functions and responsibilities.--In addition to the
authorities and functions specified in section 1702(b) of title
41, United States Code, the functions and responsibilities of
the Under Secretary for Management related to acquisition
include the following:
``(A) Advising the Secretary regarding acquisition
management activities, taking into account risks of
failure to achieve cost, schedule, or performance
parameters, to ensure that the Department achieves its
mission through the adoption of widely accepted program
management best practices and standards and, where
appropriate, acquisition innovation best practices.
``(B) Leading the acquisition oversight body of the
Department, the Acquisition Review Board, and
exercising the acquisition decision authority to
approve, pause, modify (including the rescission of
approvals of program milestones), or cancel major
acquisition programs, unless the Under Secretary
delegates such authority to a Component Acquisition
Executive pursuant to paragraph (3).
``(C) Establishing policies for acquisition that
implement an approach that takes into account risks of
failure to achieve cost, schedule, or performance
parameters that all components of the Department shall
comply with, including outlining relevant authorities
for program managers to effectively manage acquisition
programs.
``(D) Ensuring that each major acquisition program
has a Department-approved acquisition program baseline,
pursuant to the Department's acquisition management
policy.
``(E) Ensuring that the heads of components and
Component Acquisition Executives comply with Federal
law, the Federal Acquisition Regulation, and Department
acquisition management directives.
``(F) Providing additional scrutiny and oversight for
an acquisition that is not a major acquisition if--
``(i) the acquisition is for a program that
is important to departmental strategic and
performance plans;
``(ii) the acquisition is for a program with
significant program or policy implications; and
``(iii) the Secretary determines that such
scrutiny and oversight for the acquisition is
proper and necessary.
``(G) Ensuring that grants and financial assistance
are provided only to individuals and organizations that
are not suspended or debarred.
``(H) Distributing guidance throughout the Department
to ensure that contractors involved in acquisitions,
particularly contractors that access the Department's
information systems and technologies, adhere to
relevant Department policies related to physical and
information security as identified by the Under
Secretary for Management.
``(I) Overseeing the Component Acquisition Executive
organizational structure to ensure Component
Acquisition Executives have sufficient capabilities and
comply with Department acquisition policies.
``(J) Ensuring acquisition decision memoranda
adequately document decisions made at acquisition
decision events, including any affirmative
determination of contractor responsibility at the down
selection phase and any other significant procurement
decisions related to the acquisition at issue.
``(3) Delegation of acquisition decision authority.--
``(A) Level 3 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority
in writing to the relevant Component Acquisition
Executive for an acquisition program that has a life
cycle cost estimate of less than $300,000,000.
``(B) Level 2 acquisitions.--The Under Secretary for
Management may delegate acquisition decision authority
in writing to the relevant Component Acquisition
Executive for a major acquisition program that has a
life cycle cost estimate of at least $300,000,000 but
not more than $1,000,000,000 if all of the following
requirements are met:
``(i) The component concerned possesses
working policies, processes, and procedures
that are consistent with Department-level
acquisition policy.
``(ii) The Component Acquisition Executive
concerned has adequate, experienced, and
dedicated professional employees with program
management training, as applicable,
commensurate with the size of the acquisition
programs and related activities delegated to
such Component Acquisition Executive by the
Under Secretary for Management.
``(iii) Each major acquisition program
concerned has written documentation showing
that it has a Department-approved acquisition
program baseline and it is meeting agreed-upon
cost, schedule, and performance thresholds.
``(4) Relationship to under secretary for science and
technology.--
``(A) In general.--Nothing in this subsection shall
diminish the authority granted to the Under Secretary
for Science and Technology under this Act. The Under
Secretary for Management and the Under Secretary for
Science and Technology shall cooperate in matters
related to the coordination of acquisitions across the
Department so that investments of the Directorate of
Science and Technology are able to support current and
future requirements of the components of the
Department.
``(B) Operational testing and evaluation.--The Under
Secretary for Science and Technology shall--
``(i) ensure, in coordination with relevant
component heads, that major acquisition
programs--
``(I) complete operational testing
and evaluation of technologies and
systems;
``(II) use independent verification
and validation of operational test and
evaluation implementation and results;
and
``(III) document whether such
programs meet all performance
requirements included in their
acquisition program baselines;
``(ii) ensure that such operational testing
and evaluation includes all system components
and incorporates operators into the testing to
ensure that systems perform as intended in the
appropriate operational setting; and
``(iii) determine if testing conducted by
other Federal agencies and private entities is
relevant and sufficient in determining whether
systems perform as intended in the operational
setting.
``(5) Definitions.--In this subsection, the terms
`acquisition', `best practices', `acquisition decision
authority', `major acquisition program', `acquisition program
baseline', and `Component Acquisition Executive' have the
meanings given such terms in section 830.''.
SEC. 212. ACQUISITION AUTHORITIES FOR CHIEF FINANCIAL OFFICER OF THE
DEPARTMENT OF HOMELAND SECURITY.
Paragraph (2) of section 702(b) of the Homeland Security Act of 2002
(6 U.S.C. 342(b)) is amended by adding at the end the following new
subparagraph:
``(J) Oversee the costs of acquisition programs and
related activities to ensure that actual and planned
costs are in accordance with budget estimates and are
affordable, or can be adequately funded, over the life
cycle of such programs and activities.''.
SEC. 213. 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) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acquisition Responsibilities.--Notwithstanding section 11315 of
title 40, United States Code, the acquisition responsibilities of the
Chief Information Officer, in consultation with the Under Secretary for
Management, shall include the following:
``(1) Oversee the management of the Homeland Security
Enterprise Architecture and ensure that, before each
acquisition decision event (as such term is defined in section
830), approved information technology acquisitions comply with
departmental information technology management processes,
technical requirements, and the Homeland Security Enterprise
Architecture, and in any case in which information technology
acquisitions do not comply with the Department's management
directives, make recommendations to the Acquisition Review
Board regarding such noncompliance.
``(2) Be responsible for providing recommendations to the
Acquisition Review Board regarding information technology
programs, and be responsible for developing information
technology acquisition strategic guidance.''.
SEC. 214. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is further amended by adding at the end the
following:
``SEC. 717. ACQUISITION AUTHORITIES FOR PROGRAM ACCOUNTABILITY AND RISK
MANAGEMENT.
``(a) Establishment of Office.--There is in the Management
Directorate of the Department an office to be known as `Program
Accountability and Risk Management'. The purpose of the office is to--
``(1) provide consistent accountability, standardization, and
transparency of major acquisition programs of the Department;
and
``(2) serve as the central oversight function for all
Department acquisition programs.
``(b) Responsibilities of Executive Director.--The Program
Accountability and Risk Management shall be led by an Executive
Director to oversee the requirement under subsection (a). The Executive
Director shall report directly to the Under Secretary for Management,
and shall carry out the following responsibilities:
``(1) Monitor regularly the performance of Department
acquisition programs between acquisition decision events to
identify problems with cost, performance, or schedule that
components may need to address to prevent cost overruns,
performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in managing
the acquisition programs and related activities of the
Department.
``(3) Conduct oversight of individual acquisition programs to
implement Department acquisition program policy, procedures,
and guidance with a priority on ensuring the data the office
collects and maintains from Department components is accurate
and reliable.
``(4) Serve as the focal point and coordinator for the
acquisition life cycle review process and as the executive
secretariat for the Acquisition Review Board.
``(5) Advise the persons having acquisition decision
authority in making acquisition decisions consistent with all
applicable laws and in establishing clear lines of authority,
accountability, and responsibility for acquisition decision
making within the Department.
``(6) Engage in the strategic planning and performance
evaluation process required under section 306 of title 5,
United States Code, and sections 1105(a)(28), 1115, 1116, and
9703 of title 31, United States Code, by supporting the Chief
Procurement Officer in developing strategies and specific plans
for hiring, training, and professional development in order to
rectify any deficiency within the Department's acquisition
workforce.
``(7) Develop standardized certification standards in
consultation with the Component Acquisition Executives for all
acquisition program managers.
``(8) In the event that a certification or action of an
acquisition program manager needs review for purposes of
promotion or removal, provide input, in consultation with the
relevant Component Acquisition Executive, into the performance
evaluation of the relevant acquisition program manager and
report positive or negative experiences to the relevant
certifying authority.
``(9) Provide technical support and assistance to Department
acquisitions and acquisition personnel in conjunction with the
Chief Procurement Officer.
``(10) Prepare the Comprehensive Acquisition Status Report
for the Department, as required by title I of division D of the
Consolidated Appropriations Act, 2016 (Public Law 114-113), and
make such report available to the congressional homeland
security committees.
``(c) Responsibilities of Components.--Each head of a component shall
comply with Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives established by the Under
Secretary for Management. For each major acquisition program, each head
of a component shall--
``(1) define baseline requirements and document changes to
such requirements, as appropriate;
``(2) establish a complete life cycle cost estimate with
supporting documentation, including an acquisition program
baseline;
``(3) verify each life cycle cost estimate against
independent cost estimates, and reconcile any differences;
``(4) complete a cost-benefit analysis with supporting
documentation;
``(5) develop and maintain a schedule that is consistent with
scheduling best practices as identified by the Comptroller
General of the United States, including, in appropriate cases,
an integrated master schedule; and
``(6) ensure that all acquisition program information
provided by the component is complete, accurate, timely, and
valid.
``(d) Congressional Homeland Security Committees Defined.--In this
section, the term `congressional homeland security committees' means--
``(1) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.
``SEC. 718. ACQUISITION DOCUMENTATION.
``(a) In General.--For each major acquisition program, the Executive
Director responsible for the preparation of the Comprehensive
Acquisition Status Report, pursuant to paragraph (11) of section
710(b), shall require certain acquisition documentation to be submitted
by Department components or offices.
``(b) Waiver.--The Secretary may waive the requirement for submission
under subsection (a) for a program for a fiscal year if either--
``(1) the program has not--
``(A) entered the full rate production phase in the
acquisition life cycle;
``(B) had a reasonable cost estimate established; and
``(C) had a system configuration defined fully; or
``(2) the program does not meet the definition of `capital
asset', as defined by the Director of the Office of Management
and Budget.
``(c) Congressional Oversight.--At the same time the President's
budget is submitted for a fiscal year under section 1105(a) of title
31, United States Code, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and Committee on
Homeland Security and Governmental Affairs of the Senate information on
the exercise of authority under subsection (b) in the prior fiscal year
that includes the following specific information regarding each program
for which a waiver is issued under subsection (b):
``(1) The grounds for granting a waiver for that program.
``(2) The projected cost of that program.
``(3) The proportion of a component's annual acquisition
budget attributed to that program, as available.
``(4) Information on the significance of the program with
respect to the component's operations and execution of its
mission.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is further amended by inserting after the
item relating to section 716, as added by this Act, the following new
items:
``Sec. 717. Acquisition authorities for Program Accountability and Risk
Management.
``Sec. 718. Acquisition documentation.''.
SEC. 215. ACQUISITION INNOVATION.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 719. ACQUISITION INNOVATION.
``The Under Secretary for Management may--
``(1) designate an individual within the Department to manage
acquisition innovation efforts of the Department;
``(2) test emerging acquisition best practices to carrying
out acquisitions, consistent with the Federal Acquisition
Regulation and Department acquisition management directives, as
appropriate;
``(3) develop and distribute best practices and lessons
learned regarding acquisition innovation throughout the
Department;
``(4) establish metrics to measure the effectiveness of
acquisition innovation efforts with respect to cost,
operational efficiency of the acquisition program (including
timeframes for executing contracts), and collaboration with the
private sector, including small businesses; and
``(5) determine impacts of acquisition innovation efforts on
the private sector by--
``(A) engaging with the private sector, including
small businesses, to provide information and obtain
feedback on procurement practices and acquisition
innovation efforts of the Department;
``(B) obtaining feedback from the private sector on
the impact of acquisition innovation efforts of the
Department; and
``(C) incorporating such feedback, as appropriate,
into future acquisition innovation efforts of the
Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 718, as added by this Act, the following new item:
``Sec. 719. Acquisition innovation.''.
(c) Information.--Not later than 90 days after the date on which the
Secretary of Homeland Security submits the annual budget justification
for the Department of Homeland Security for each of fiscal years 2019
through 2023, the Secretary shall, if appropriate, provide information
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate on the activities undertaken in the previous fiscal year in
furtherance of section 719 of the Homeland Security Act of 2002, as
added by subsection (a) of this Act, on the following:
(1) Emerging acquisition best practices that were tested
within the Department during such fiscal year.
(2) Efforts to distribute best practices and lessons learned
within the Department, including through web-based seminars,
training, and forums, during such fiscal year.
(3) Utilization by components throughout the Department of
best practices distributed by the Under Secretary of Management
pursuant to paragraph (3) of such section 719.
(4) Performance as measured by the metrics established under
paragraph (4) of such section 719.
(5) Outcomes of efforts to distribute best practices and
lessons learned within the Department, including through web-
based seminars, training, and forums.
(6) Any impacts of the utilization of innovative acquisition
mechanisms by the Department on the private sector, including
small businesses.
(7) The criteria used to identify specific acquisition
programs or activities to be included in acquisition innovation
efforts and the outcomes of such programs or activities.
(8) Recommendations, as necessary, to enhance acquisition
innovation in the Department.
Subtitle B--Acquisition Program Management Discipline
SEC. 221. ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the
following new section:
``SEC. 836. ACQUISITION REVIEW BOARD.
``(a) In General.--The Secretary shall establish an Acquisition
Review Board (in this section referred to as the `Board') to--
``(1) strengthen accountability and uniformity within the
Department acquisition review process;
``(2) review major acquisition programs; and
``(3) review the use of best practices.
``(b) Composition.--The Under Secretary for Management shall serve as
chair of the Board. The Secretary shall also ensure participation by
other relevant Department officials, including at least two component
heads or their designees, as permanent members of the Board.
``(c) Meetings.--The Board shall meet regularly for purposes of
ensuring all acquisitions processes proceed in a timely fashion to
achieve mission readiness. The Board shall convene at the discretion of
the Secretary and at any time--
``(1) a major acquisition program--
``(A) requires authorization to proceed from one
acquisition decision event to another throughout the
acquisition life cycle;
``(B) is in breach of its approved requirements; or
``(C) requires additional review, as determined by
the Under Secretary for Management; or
``(2) a non-major acquisition program requires review, as
determined by the Under Secretary for Management.
``(d) Responsibilities.--The responsibilities of the Board are as
follows:
``(1) Determine whether a proposed acquisition has met the
requirements of key phases of the acquisition life cycle
framework and is able to proceed to the next phase and eventual
full production and deployment.
``(2) Oversee whether a proposed acquisition's business
strategy, resources, management, and accountability is
executable and is aligned to strategic initiatives.
``(3) Support the person with acquisition decision authority
for an acquisition in determining the appropriate direction for
such acquisition at key acquisition decision events.
``(4) Conduct systematic reviews of acquisitions to ensure
that such acquisitions are progressing in compliance with the
approved documents for their current acquisition phases.
``(5) Review the acquisition documents of each major
acquisition program, including the acquisition program baseline
and documentation reflecting consideration of tradeoffs among
cost, schedule, and performance objectives, to ensure the
reliability of underlying data.
``(6) Ensure that practices are adopted and implemented to
require consideration of trade-offs among cost, schedule, and
performance objectives as part of the process for developing
requirements for major acquisition programs prior to the
initiation of the second acquisition decision event, including,
at a minimum, the following practices:
``(A) Department officials responsible for
acquisition, budget, and cost estimating functions are
provided with the appropriate opportunity to develop
estimates and raise cost and schedule matters before
performance objectives are established for capabilities
when feasible.
``(B) Full consideration is given to possible trade-
offs among cost, schedule, and performance objectives
for each alternative.
``(e) Acquisition Program Baseline Report Requirement.--If the person
exercising acquisition decision authority over a major acquisition
program approves such program to proceed into the planning phase before
such program has a Department-approved acquisition program baseline,
the Under Secretary for Management shall create and approve an
acquisition program baseline report regarding such approval, and the
Secretary shall--
``(1) within seven days after an acquisition decision
memorandum is signed, notify in writing the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate of such decision; and
``(2) within 60 days after the acquisition decision
memorandum is signed, submit to such committees a report
stating the rationale for such decision and a plan of action to
require an acquisition program baseline for such program.
``(f) Report.--The Under Secretary for Management shall provide
information to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on an annual basis through fiscal year 2022 on
the activities of the Board for the prior fiscal year that includes
information relating to the following:
``(1) For each meeting of the Board, any acquisition decision
memoranda.
``(2) Results of the systematic reviews conducted pursuant to
paragraph (4) of subsection (d).
``(3) Results of acquisition document reviews required
pursuant to paragraph (5) of subsection (d).
``(4) Activities to ensure that practices are adopted and
implemented throughout the Department pursuant to paragraph (6)
of subsection (d).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended
by adding after the item relating to section 835 the following new
item:
``Sec. 836. Acquisition Review Board.''.
SEC. 222. REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 837. REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION PROGRAMS.
``(a) Requirement to Establish Policies.--In an effort to reduce
unnecessary duplication and inefficiency for all Department
investments, including major acquisition programs, the Deputy
Secretary, in consultation with the Under Secretary for Management,
shall establish Department-wide policies to integrate all phases of the
investment life cycle and help the Department identify, validate, and
prioritize common component requirements for major acquisition programs
in order to increase opportunities for effectiveness and efficiencies.
The policies shall also include strategic alternatives for developing
and facilitating a Department component-driven requirements process
that includes oversight of a development test and evaluation
capability; identification of priority gaps and overlaps in Department
capability needs; and provision of feasible technical alternatives,
including innovative commercially available alternatives, to meet
capability needs.
``(b) Mechanisms to Carry Out Requirement.--The Under Secretary for
Management shall coordinate the actions necessary to carry out
subsection (a), using such mechanisms as considered necessary by the
Secretary to help the Department reduce unnecessary duplication and
inefficiency for all Department investments, including major
acquisition programs.
``(c) Coordination.--In coordinating the actions necessary to carry
out subsection (a), the Deputy Secretary shall consult with the Under
Secretary for Management, Component Acquisition Executives, and any
other Department officials, including the Under Secretary for Science
and Technology or his designee, with specific knowledge of Department
or component acquisition capabilities to prevent unnecessary
duplication of requirements.
``(d) Advisors.--The Deputy Secretary, in consultation with the Under
Secretary for Management, shall seek and consider input within legal
and ethical boundaries from members of Federal, State, local, and
tribal governments, nonprofit organizations, and the private sector, as
appropriate, on matters within their authority and expertise in
carrying out the Department's mission.
``(e) Meetings.--The Deputy Secretary, in consultation with the Under
Secretary for Management, shall meet at least quarterly and communicate
with components often to ensure that components do not overlap or
duplicate spending or activities on major investments and acquisition
programs within their areas of responsibility.
``(f) Responsibilities.--In carrying out this section, the
responsibilities of the Deputy Secretary, in consultation with the
Under Secretary for Management, are as follows:
``(1) To review and validate the requirements documents of
major investments and acquisition programs prior to acquisition
decision events of the investments or programs.
``(2) To ensure the requirements and scope of a major
investment or acquisition program are stable, measurable,
achievable, at an acceptable risk level, and match the
resources planned to be available.
``(3) Before any entity of the Department issues a
solicitation for a new contract, coordinate with other
Department entities as appropriate to prevent unnecessary
duplication and inefficiency and--
``(A) to implement portfolio reviews to identify
common mission requirements and crosscutting
opportunities among components to harmonize investments
and requirements and prevent unnecessary overlap and
duplication among components; and
``(B) to the extent practicable, to standardize
equipment purchases, streamline the acquisition
process, improve efficiencies, and conduct best
practices for strategic sourcing.
``(4) To ensure program managers of major investments and
acquisition programs conduct analyses, giving particular
attention to factors such as cost, schedule, risk, performance,
and operational efficiency in order to determine that programs
work as intended within cost and budget expectations.
``(5) To propose schedules for delivery of the operational
capability needed to meet each Department investment and major
acquisition program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended
by adding after the item relating to section 836, as added by this Act,
the following new item:
``Sec. 837. Requirements to reduce duplication in acquisition
programs.''.
SEC. 223. DEPARTMENT LEADERSHIP COUNCIL.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 is amended by adding at the end the following new section:
``SEC. 890B. DEPARTMENT LEADERSHIP COUNCIL.
``(a) Department Leadership Council.--
``(1) Establishment.--The Secretary may establish a
Department leadership council as the Secretary determines
necessary to ensure coordination and improve programs and
activities of the Department.
``(2) Function.--A Department leadership council shall--
``(A) serve as coordinating forums;
``(B) advise the Secretary and Deputy Secretary on
Department strategy, operations, and guidance; and
``(C) consider and report on such other matters as
the Secretary or Deputy Secretary may direct.
``(3) Relationship to other forums.--The Secretary or Deputy
Secretary may delegate the authority to direct the
implementation of any decision or guidance resulting from the
action of a Department leadership council to any office,
component, coordinator, or other senior official of the
Department.
``(4) Mission.--In addition to other matters assigned to it
by the Secretary and Deputy Secretary, a leadership council
shall--
``(A) identify, assess, and validate joint
requirements (including existing systems and associated
capability gaps) to meet mission needs of the
Department;
``(B) ensure that appropriate efficiencies are made
among life-cycle cost, schedule, and performance
objectives, and procurement quantity objectives, in the
establishment and approval of joint requirements; and
``(C) make prioritized capability recommendations for
the joint requirements validated under subparagraph (A)
to the Secretary, the Deputy Secretary, or the
chairperson of a Department leadership council
designated by the Secretary to review decisions of the
leadership council.
``(5) Chairperson.--The Secretary shall appoint a chairperson
of a leadership council, for a term of not more than 2 years,
from among senior officials from components of the Department
or other senior officials as designated by the Secretary.
``(6) Composition.--A leadership council shall be composed of
senior officials representing components of the Department and
other senior officials as designated by the Secretary.
``(7) Relationship to future years homeland security
program.--The Secretary shall ensure that the Future Years
Homeland Security Program required under section 874 is
consistent with any recommendations of a leadership council
required under paragraph (2)(C), as affirmed by the Secretary,
the Deputy Secretary, or the chairperson of a Department
leadership council designated by the Secretary under that
paragraph.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
890A the following new item:
``Sec. 890B. Department leadership council.''.
SEC. 224. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF BOARD AND OF
REQUIREMENTS TO REDUCE DUPLICATION IN ACQUISITION
PROGRAMS.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of the effectiveness of the Acquisition Review
Board established under section 836 of the Homeland Security Act of
2002 (as added by section 221) and the requirements to reduce
unnecessary duplication in acquisition programs established under
section 837 of such Act (as added by section 222) in improving the
Department's acquisition management process.
(b) Scope of Report.--The review shall include the following:
(1) An assessment of the effectiveness of the Board in
increasing program management oversight, best practices and
standards, and discipline among the components of the
Department, including in working together and in preventing
overlap and unnecessary duplication.
(2) An assessment of the effectiveness of the Board in
instilling program management discipline.
(3) A statement of how regularly each major acquisition
program is reviewed by the Board, how often the Board stops
major acquisition programs from moving forward in the phases of
the acquisition life cycle process, and the number of major
acquisition programs that have been halted because of problems
with operational effectiveness, schedule delays, or cost
overruns.
(4) An assessment of the effectiveness of the Board in
impacting acquisition decisionmaking within the Department,
including the degree to which the Board impacts decision making
within other headquarters mechanisms and bodies involved in the
administration of acquisition activities.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional homeland security committees a report on the review
required by this section. The report shall be submitted in unclassified
form but may include a classified annex.
SEC. 225. EXCLUDED PARTY LIST SYSTEM WAIVERS.
Not later than five days after the issuance of a waiver by the
Secretary of Homeland Security of Federal requirements that an agency
not engage in business with a contractor in the Excluded Party List
System (or successor system) as maintained by the General Services
Administration, the Secretary shall submit to Congress notice of such
waiver and an explanation for a finding by the Secretary that a
compelling reason exists for issuing such waiver.
SEC. 226. INSPECTOR GENERAL OVERSIGHT OF SUSPENSION AND DEBARMENT.
The Inspector General of the Department of Homeland Security--
(1) may audit decisions about grant and procurement awards to
identify instances where a contract or grant was improperly
awarded to a suspended or debarred entity and whether
corrective actions were taken to prevent recurrence; and
(2) shall 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 and whether disparities exist
in the application of such criteria, particularly with respect
to business size and categories.
Subtitle C--Acquisition Program Management Accountability and
Transparency
SEC. 231. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAMS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 838. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR
ACQUISITION PROGRAM BREACH.
``(a) Requirements Within Department in Event of Breach.--
``(1) Notifications.--
``(A) Notification of breach.--If a breach occurs in
a major acquisition program, the program manager for
such program shall notify the Component Acquisition
Executive for such program, the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, the Under
Secretary for Management, and the Deputy Secretary not
later than 30 calendar days after such breach is
identified.
``(B) Notification to secretary.--If a breach occurs
in a major acquisition program and such breach results
in a cost overrun greater than 15 percent, a schedule
delay greater than 180 days, or a failure to meet any
of the performance thresholds from the cost, schedule,
or performance parameters specified in the most
recently approved acquisition program baseline for such
program, the Component Acquisition Executive for such
program shall notify the Secretary and the Inspector
General of the Department not later than five business
days after the Component Acquisition Executive for such
program, the head of the component concerned, the
Executive Director of the Program Accountability and
Risk Management Division, the Under Secretary for
Management, and the Deputy Secretary are notified of
the breach pursuant to subparagraph (A).
``(2) Remediation plan and root cause analysis.--
``(A) In general.--If a breach occurs in a major
acquisition program, the program manager for such
program shall submit to the head of the component
concerned, the Executive Director of the Program
Accountability and Risk Management division, and the
Under Secretary for Management in writing a remediation
plan and root cause analysis relating to such breach
and program. Such plan and analysis shall be submitted
at a date established at the discretion of the Under
Secretary for Management.
``(B) Remediation plan.--The remediation plan
required under this subparagraph (A) shall--
``(i) explain the circumstances of the breach
at issue;
``(ii) provide prior cost estimating
information;
``(iii) include a root cause analysis that
determines the underlying cause or causes of
shortcomings in cost, schedule, or performance
of the major acquisition program with respect
to which such breach has occurred, including
the role, if any, of--
``(I) unrealistic performance
expectations;
``(II) unrealistic baseline estimates
for cost or schedule or changes in
program requirements;
``(III) immature technologies or
excessive manufacturing or integration
risk;
``(IV) unanticipated design,
engineering, manufacturing, or
technology integration issues arising
during program performance;
``(V) changes to the scope of such
program;
``(VI) inadequate program funding or
changes in planned out-year funding
from one 5-year funding plan to the
next 5-year funding plan as outlined in
the Future Years Homeland Security
Program required under section 874;
``(VII) legislative, legal, or
regulatory changes; or
``(VIII) inadequate program
management personnel, including lack of
sufficient number of staff, training,
credentials, certifications, or use of
best practices;
``(iv) propose corrective action to address
cost growth, schedule delays, or performance
issues;
``(v) explain the rationale for why a
proposed corrective action is recommended; and
``(vi) in coordination with the Component
Acquisition Executive for such program, discuss
all options considered, including the estimated
impact on cost, schedule, or performance of
such program if no changes are made to current
requirements, the estimated cost of such
program if requirements are modified, and the
extent to which funding from other programs
will need to be reduced to cover the cost
growth of such program.
``(3) Review of corrective actions.--
``(A) In general.--The Under Secretary for Management
shall review the remediation plan required under
paragraph (2). The Under Secretary may approve such
plan or provide an alternative proposed corrective
action within 30 days of the submission of such plan
under such paragraph.
``(B) Submission to congress.--Not later than 30 days
after the review required under subparagraph (A) is
completed, the Under Secretary for Management shall
submit to the congressional homeland security
committees the following:
``(i) A copy of the remediation plan and the
root cause analysis required under paragraph
(2).
``(ii) A statement describing the corrective
action or actions that have occurred pursuant
to paragraph (2)(b)(iv) for the major
acquisition program at issue, with a
justification for such action or actions.
``(b) Requirements Relating to Congressional Notification if Breach
Occurs.--
``(1) Notification to congress.--If a notification to the
Secretary is made under subsection (a)(1)(B) relating to a
breach in a major acquisition program, the Under Secretary for
Management shall notify the congressional homeland security
committees of such breach in the next quarterly Comprehensive
Acquisition Status Report, as required by title I of division D
of the Consolidated Appropriations Act, 2016, (Public Law 114-
113) following receipt by the Under Secretary of notification
under such subsection.
``(2) Significant variances in costs or schedule.--If a
likely cost overrun is greater than 20 percent or a likely
delay is greater than 12 months from the costs and schedule
specified in the acquisition program baseline for a major
acquisition program, the Under Secretary for Management shall
include in the notification required in paragraph (1) a written
certification, with supporting explanation, that--
``(A) such program is essential to the accomplishment
of the Department's mission;
``(B) there are no alternatives to the capability or
asset provided by such program that will provide equal
or greater capability in both a more cost-effective and
timely manner;
``(C) the new acquisition schedule and estimates for
total acquisition cost are reasonable; and
``(D) the management structure for such program is
adequate to manage and control cost, schedule, and
performance.
``(c) Congressional Homeland Security Committees Defined.--In this
section, the term `congressional homeland security committees' means--
``(1) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 837, as added by this Act, the following new item:
``Sec. 838. Congressional notification and other requirements for major
acquisition program breach.''.
SEC. 232. MULTIYEAR ACQUISITION STRATEGY.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 839. MULTIYEAR ACQUISITION STRATEGY.
``(a) Multiyear Acquisition Strategy Required.--
``(1) In general.--Not later than one year after the date of
the enactment of this section, the Secretary shall submit to
the appropriate congressional committees and the Comptroller
General of the United States a multiyear acquisition strategy
to guide the overall direction of the acquisitions of the
Department while allowing flexibility to deal with ever-
changing threats and risks, to keep pace with changes in
technology that could impact deliverables, and to help industry
better understand, plan, and align resources to meet the future
acquisition needs of the Department. Such strategy shall be
updated and included in each Future Years Homeland Security
Program required under section 874.
``(2) Form.--The strategy required under paragraph (1) shall
be submitted in unclassified form but may include a classified
annex for any sensitive or classified information if necessary.
The Secretary shall publish such strategy in an unclassified
format that is publicly available.
``(b) Consultation.--In developing the strategy required under
subsection (a), the Secretary shall, as the Secretary determines
appropriate, consult with headquarters, components, employees in the
field, and individuals from industry and the academic community.
``(c) Contents of Strategy.--The strategy shall include the
following:
``(1) Prioritized list.--A systematic and integrated
prioritized list developed by the Under Secretary for
Management in coordination with all of the Component
Acquisition Executives of Department major acquisition programs
that Department and component acquisition investments seek to
address, including the expected security and economic benefit
of the program or system that is the subject of acquisition and
an analysis of how the security and economic benefit derived
from such program or system will be measured.
``(2) Inventory.--A plan to develop a reliable Department-
wide inventory of investments and real property assets to help
the Department--
``(A) plan, budget, schedule, and acquire upgrades of
its systems and equipment; and
``(B) plan for the acquisition and management of
future systems and equipment.
``(3) Funding gaps.--A plan to address funding gaps between
funding requirements for major acquisition programs and known
available resources, including, to the maximum extent
practicable, ways of leveraging best practices to identify and
eliminate overpayment for items to--
``(A) prevent wasteful purchasing;
``(B) achieve the greatest level of efficiency and
cost savings by rationalizing purchases;
``(C) align pricing for similar items; and
``(D) utilize purchase timing and economies of scale.
``(4) Identification of capabilities.--An identification of
test, evaluation, modeling, and simulation capabilities that
will be required to--
``(A) support the acquisition of technologies to meet
the needs of such strategy;
``(B) leverage to the greatest extent possible
emerging technological trends and research and
development trends within the public and private
sectors; and
``(C) identify ways to ensure that appropriate
technology is acquired and integrated into the
Department's operating doctrine to improve mission
performance.
``(5) Focus on flexible solutions.--An assessment of ways the
Department can improve its ability to test and acquire
innovative solutions to allow needed incentives and protections
for appropriate risk-taking in order to meet its acquisition
needs with resiliency, agility, and responsiveness to assure
homeland security and facilitate trade.
``(6) Focus on incentives to save taxpayer dollars.--An
assessment of ways the Department can develop incentives for
program managers and senior Department acquisition officials
to--
``(A) prevent cost overruns;
``(B) avoid schedule delays; and
``(C) achieve cost savings in major acquisition
programs.
``(7) Focus on addressing delays and bid protests.--An
assessment of ways the Department can improve the acquisition
process to minimize cost overruns in--
``(A) requirements development;
``(B) procurement announcements;
``(C) requests for proposals;
``(D) evaluation of proposals;
``(E) protests of decisions and awards; and
``(F) the use of best practices.
``(8) Focus on improving outreach.--An identification and
assessment of ways to increase opportunities for communication
and collaboration with industry, small and disadvantaged
businesses, intra-government entities, university centers of
excellence, accredited certification and standards development
organizations, and national laboratories to ensure that the
Department understands the market for technologies, products,
and innovation that is available to meet its mission needs and
to inform the Department's requirements-setting process before
engaging in an acquisition, including--
``(A) methods designed especially to engage small and
disadvantaged businesses, a cost-benefit analysis of
the tradeoffs that small and disadvantaged businesses
provide, information relating to barriers to entry for
small and disadvantaged businesses, and information
relating to unique requirements for small and
disadvantaged businesses; and
``(B) within the Department Vendor Communication Plan
and Market Research Guide, instructions for interaction
by acquisition program managers with such entities to--
``(i) prevent misinterpretation of
acquisition regulations; and
``(ii) permit, within legal and ethical
boundaries, interacting with such entities with
transparency.
``(9) Competition.--A plan regarding competition under
subsection (d).
``(10) Acquisition workforce.--A plan regarding the
Department acquisition workforce under subsection (e).
``(d) Competition Plan.--The strategy required under subsection (a)
shall also include a plan to address actions to ensure competition, or
the option of competition, for major acquisition programs. Such plan
may include assessments of the following measures in appropriate cases
if such measures are cost effective:
``(1) Competitive prototyping.
``(2) Dual-sourcing.
``(3) Unbundling of contracts.
``(4) Funding of next-generation prototype systems or
subsystems.
``(5) Use of modular, open architectures to enable
competition for upgrades.
``(6) Acquisition of complete technical data packages.
``(7) Periodic competitions for subsystem upgrades.
``(8) Licensing of additional suppliers, including small
businesses.
``(9) Periodic system or program reviews to address long-term
competitive effects of program decisions.
``(e) Acquisition Workforce Plan.--
``(1) Acquisition workforce.--The strategy required under
subsection (a) shall also include a plan to address Department
acquisition workforce accountability and talent management that
identifies the acquisition workforce needs of each component
performing acquisition functions and develops options for
filling such needs with qualified individuals, including a
cost-benefit analysis of contracting for acquisition
assistance.
``(2) Additional matters covered.--The acquisition workforce
plan under this subsection shall address ways to--
``(A) improve the recruitment, hiring, training, and
retention of Department acquisition workforce
personnel, including contracting officer's
representatives, in order to retain highly qualified
individuals who have experience in the acquisition life
cycle, complex procurements, and management of large
programs;
``(B) empower program managers to have the authority
to manage their programs in an accountable and
transparent manner as such managers work with the
acquisition workforce;
``(C) prevent duplication within Department
acquisition workforce training and certification
requirements through leveraging already-existing
training within the Federal Government, academic
community, or private industry;
``(D) achieve integration and consistency with
Government-wide training and accreditation standards,
acquisition training tools, and training facilities;
``(E) designate the acquisition positions that will
be necessary to support the Department acquisition
requirements, including in the fields of--
``(i) program management;
``(ii) systems engineering;
``(iii) procurement, including contracting;
``(iv) test and evaluation;
``(v) life cycle logistics;
``(vi) cost estimating and program financial
management; and
``(vii) additional disciplines appropriate to
Department mission needs;
``(F) strengthen the performance of contracting
officers' representatives (as defined in subpart 1.602-
2 and subpart 2.101 of the Federal Acquisition
Regulation), including by--
``(i) assessing the extent to which such
representatives are certified and receive
training that is appropriate;
``(ii) assessing what training is most
effective with respect to the type and
complexity of assignment; and
``(iii) implementing actions to improve
training based on such assessments; and
``(G) identify ways to increase training for relevant
investigators and auditors of the Department to examine
fraud in major acquisition programs, including
identifying opportunities to leverage existing
Government and private sector resources in coordination
with the Inspector General of the Department.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 838, as added by this Act, the following new item:
``Sec. 839. Multiyear acquisition strategy.''.
(c) Government Accountability Office Review of Multi-year Acquisition
Strategy.--
(1) Review.--After submission of the first multiyear
acquisition strategy in accordance with section 839 of the
Homeland Security Act of 2002, as added by subsection (a),
after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a review of such
plan within 180 days to analyze the viability of such plan's
effectiveness in the following:
(A) Complying with the requirements of such section
839.
(B) Establishing clear connections between Department
of Homeland Security objectives and acquisition
priorities.
(C) Demonstrating that Department acquisition policy
reflects program management best practices and
standards.
(D) Ensuring competition or the option of competition
for major acquisition programs.
(E) Considering potential cost savings through using
already-existing technologies when developing
acquisition program requirements.
(F) Preventing duplication within Department
acquisition workforce training requirements through
leveraging already-existing training within the Federal
Government, academic community, or private industry.
(G) Providing incentives for acquisition program
managers to reduce acquisition and procurement costs
through the use of best practices and disciplined
program management.
(2) Definitions.--The terms ``acquisition'', ``best
practices'', and ``major acquisition programs'' have the
meaning given such terms in section 830 of the Homeland
Security Act of 2002, as added by section 201.
(3) Report.--Not later than 180 days after the completion of
the review required by subsection (a), the Comptroller General
of the United States shall submit to the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Appropriations of the
Senate a report on the review. Such report shall be submitted
in unclassified form but may include a classified annex.
SEC. 233. ACQUISITION REPORTS.
(a) In General.--Subtitle D of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the
end the following new section:
``SEC. 840. ACQUISITION REPORTS.
``(a) Comprehensive Acquisition Status Report.--
``(1) In general.--At the same time as the President's budget
is submitted for a fiscal year under section 1105(a) of title
31, United States Code, the Under Secretary for Management
shall submit to the congressional homeland security committees
an annual comprehensive acquisition status report. The report
shall include the following:
``(A) The information required under the heading
`Office of the Under Secretary for Management' under
title I of division D of the Consolidated
Appropriations Act, 2012 (Public Law 112-74) (as
required under the Department of Homeland Security
Appropriations Act, 2013 (Public Law 113-6)).
``(B) A listing of programs that have been cancelled,
modified, paused, or referred to the Under Secretary
for Management or Deputy Secretary for additional
oversight or action by the Board, Department Office of
Inspector General, or the Comptroller General.
``(C) A listing of established Executive Steering
Committees, which provide governance of a program or
related set of programs and lower-tiered oversight, and
support between acquisition decision events and
component reviews, including the mission and membership
for each.
``(2) Information for major acquisition programs.--For each
major acquisition program, the report shall include the
following:
``(A) A narrative description, including current gaps
and shortfalls, the capabilities to be fielded, and the
number of planned increments or units.
``(B) Acquisition Review Board (or other board
designated to review the acquisition) status of each
acquisition, including the current acquisition phase,
the date of the last review, and a listing of the
required documents that have been reviewed with the
dates reviewed or approved.
``(C) The most current, approved acquisition program
baseline (including project schedules and events).
``(D) A comparison of the original acquisition
program baseline, the current acquisition program
baseline, and the current estimate.
``(E) Whether or not an independent verification and
validation has been implemented, with an explanation
for the decision and a summary of any findings.
``(F) A rating of cost risk, schedule risk, and
technical risk associated with the program (including
narrative descriptions and mitigation actions).
``(G) Contract status (including earned value
management data as applicable).
``(H) A lifecycle cost of the acquisition, and time
basis for the estimate.
``(3) Updates.--The Under Secretary shall submit quarterly
updates to such report not later than 45 days after the
completion of each quarter.
``(b) Quarterly Program Accountability Report.--The Under Secretary
for Management shall prepare a quarterly program accountability report
to meet the mandate of the Department to perform program health
assessments and improve program execution and governance. The report
shall be submitted to the congressional homeland security committees.
``(c) Congressional Homeland Security Committees Defined.--In this
section, the term `congressional homeland security committees' means--
``(1) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate.''.
(b) Level 3 Acquisition Programs of Components of the Department.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, component heads of the Department of
Homeland Security shall identify to the Under Secretary for
Management of the Department all level 3 acquisition programs
of each respective component. Not later than 30 days after
receipt of such information, the Under Secretary shall certify
in writing to the congressional homeland security committees
whether such component heads have properly identified such
programs. To carry out this paragraph, the Under Secretary
shall establish a process with a repeatable methodology to
continually identify level 3 acquisition programs.
(2) Policies and guidance.--Not later than 180 days after the
date of the enactment of this Act, component heads of the
Department of Homeland Security shall submit to the Under
Secretary for Management of the Department their respective
policies and relevant guidance for level 3 acquisition programs
of each respective component. Not later than 90 days after
receipt of such policies and guidance, the Under Secretary for
Management shall certify to the congressional homeland security
committees that each component's respective policies and
guidance adhere to Department-wide acquisition policies.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 839 the following new item:
``840. Acquisition reports.''.
TITLE III--INTELLIGENCE AND INFORMATION SHARING
Subtitle A--Department of Homeland Security Intelligence Enterprise
SEC. 301. HOMELAND INTELLIGENCE DOCTRINE.
(a) In General.--Subtitle A of title II of the Homeland Security Act
of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following new section:
``SEC. 210G. HOMELAND INTELLIGENCE DOCTRINE.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Chief
Intelligence Officer of the Department, in coordination with
intelligence components of the Department, the Office of the General
Counsel, the Privacy Office, and the Office for Civil Rights and Civil
Liberties, shall develop and disseminate written Department-wide
guidance for the processing, analysis, production, and dissemination of
homeland security information (as such term is defined in section 892)
and terrorism information (as such term is defined in section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485)).
``(b) Contents.--The guidance required under subsection (a) shall, at
a minimum, include the following:
``(1) A description of guiding principles and purposes of the
Department's intelligence enterprise.
``(2) A summary of the roles and responsibilities of each
intelligence component of the Department and programs of the
intelligence components of the Department in the processing,
analysis, production, or dissemination of homeland security
information and terrorism information, including relevant
authorities and restrictions applicable to each intelligence
component of the Department and programs of each such
intelligence components.
``(3) Guidance for the processing, analysis, and production
of such information.
``(4) Guidance for the dissemination of such information,
including within the Department, among and between Federal
departments and agencies, among and between State, local,
tribal, and territorial governments, including law enforcement,
and with foreign partners and the private sector.
``(5) An assessment and description of how the dissemination
to the intelligence community (as such term is defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) and Federal law enforcement of homeland security
information and terrorism information assists such entities in
carrying out their respective missions.
``(c) Form.--The guidance required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
``(d) Annual Review.--For each of the five fiscal years beginning
with the fiscal year that begins after the date of the enactment of
this section, the Secretary shall conduct a review of the guidance
required under subsection (a) and, as appropriate, revise such
guidance.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 210F the following new item:
``Sec. 210G. Homeland intelligence doctrine.''.
SEC. 302. ANALYSTS FOR THE CHIEF INTELLIGENCE OFFICER.
Paragraph (1) of section 201(e) of the Homeland Security Act of 2002
(6 U.S.C. 121(e)) is amended by adding at the end the following new
sentence: ``The Secretary shall also provide the Chief Intelligence
Officer with a staff having appropriate expertise and experience to
assist the Chief Intelligence Officer.''.
SEC. 303. 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 section 301 of this Act,
is further amended by adding at the end the following new section:
``SEC. 210H. HOMELAND TERRORIST THREAT ASSESSMENTS.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section and for each of the next five fiscal years
(beginning in the fiscal year that begins after the date of the
enactment of this section) the Secretary, acting through the Under
Secretary for Intelligence and Analysis, and using departmental
information, including component information, and information provided
through State and major urban area fusion centers, shall conduct an
assessment of the terrorist threat to the homeland.
``(b) Contents.--Each assessment under subsection (a) shall include
the following:
``(1) Empirical data assessing terrorist activities and
incidents over time in the United States, including terrorist
activities and incidents planned or supported by persons
outside of the United States targeting the homeland.
``(2) An evaluation of current terrorist tactics, as well as
ongoing and possible future changes in terrorist tactics.
``(3) An assessment of criminal activity encountered or
observed by officers or employees of components in the field
which is suspected of financing terrorist activity.
``(4) Detailed information on all individuals denied entry to
or removed from the United States as a result of material
support provided to a foreign terrorist organization (as such
term is used in section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189)).
``(5) The efficacy and spread of foreign terrorist
organization propaganda, messaging, or recruitment.
``(6) An assessment of threats, including cyber threats, to
the homeland, including to critical infrastructure and Federal
civilian networks.
``(7) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to unlawfully enter the United States.
``(8) An assessment of threats to the transportation sector,
including surface and aviation transportation systems.
``(c) Additional Information.--The assessments required under
subsection (a)--
``(1) shall, to the extent practicable, utilize existing
component data collected from the field; and
``(2) may incorporate relevant information and analysis from
other agencies of the Federal Government, agencies of State and
local governments (including law enforcement agencies), as well
as the private sector, disseminated in accordance with standard
information sharing procedures and policies.
``(d) Form.--The assessments required under subsection (a) shall be
shared with the appropriate congressional committees and submitted in
classified form, but--
``(1) shall include unclassified summaries; and
``(2) may include unclassified annexes, if appropriate.''.
(b) Conforming Amendment.--Subsection (d) of section 201 of the
Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at
the end the following new paragraph:
``(27) To carry out section 210H (relating to homeland
terrorist threat assessments).''.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 210G, as added by this Act, the following new item:
``Sec. 210H. Homeland terrorist threat assessments.''.
SEC. 304. DEPARTMENT OF HOMELAND SECURITY DATA FRAMEWORK.
(a) In General.--The Secretary of Homeland Security shall develop a
data framework to integrate existing Department of Homeland Security
datasets and systems, as appropriate, for access by authorized
personnel in a manner consistent with relevant legal authorities and
privacy, civil rights, and civil liberties policies and protections. In
developing such framework, the Secretary shall ensure, in accordance
with all applicable statutory and regulatory requirements, the
following information is included:
(1) All information acquired, held, or obtained by an office
or component of the Department that falls within the scope of
the information sharing environment, including homeland
security information, terrorism information, weapons of mass
destruction information, and national intelligence.
(2) Any information or intelligence relevant to priority
mission needs and capability requirements of the homeland
security enterprise, as determined appropriate by the
Secretary.
(b) Data Framework Access.--
(1) In general.--The Secretary of Homeland Security shall
ensure that the data framework required under this section is
accessible to employees of the Department of Homeland Security
who the Secretary determines--
(A) have an appropriate security clearance;
(B) are assigned to perform a function that requires
access to information in such framework; and
(C) are trained in applicable standards for
safeguarding and using such information.
(2) Guidance.--The Secretary of Homeland Security shall--
(A) issue guidance for Department of Homeland
Security employees authorized to access and contribute
to the data framework pursuant to paragraph (1); and
(B) ensure that such guidance enforces a duty to
share between offices and components of the Department
when accessing or contributing to such framework for
mission needs.
(3) Efficiency.--The Secretary of Homeland Security shall
promulgate data standards and instruct components of the
Department of Homeland Security to make available information
through the data framework under this section in a machine-
readable standard format, to the greatest extent practicable.
(c) Exclusion of Information.--The Secretary of Homeland Security may
exclude from the data framework information that the Secretary
determines access to or the confirmation of the existence of could--
(1) jeopardize the protection of sources, methods, or
activities;
(2) compromise a criminal or national security investigation;
(3) be inconsistent with the other Federal laws or
regulations; or
(4) be duplicative or not serve an operational purpose if
included in such framework.
(d) Safeguards.--The Secretary of Homeland Security shall incorporate
into the date framework systems capabilities for auditing and ensuring
the security of information included in such framework. Such
capabilities shall include the following:
(1) Mechanisms for identifying insider threats.
(2) Mechanisms for identifying security risks.
(3) Safeguards for privacy, civil rights, and civil
liberties.
(e) Deadline for Implementation.--Not later than two years after the
date of the enactment of this Act, the Secretary of Homeland Security
shall ensure the data framework required under this section has the
ability to include appropriate information in existence within the
Department of Homeland Security to meet its critical mission
operations.
(f) Notice to Congress.--
(1) Operational notification.--Not later than 60 days after
the date on which the data framework required under this
section is fully operational, the Secretary of Homeland
Security shall provide notice to the appropriate congressional
committees of such.
(2) Regular status.--The Secretary shall submit to the
appropriate congressional committees regular updates on the
status of the data framework required under this section,
including, when applicable, the use of such data framework to
support classified operations.
(g) Definitions.--In this section:
(1) National intelligence.--The term ``national
intelligence'' has the meaning given such term in section 3(5)
of the National Security Act of 1947 (50 U.S.C. 3003(5)).
(2) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
such term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(11)).
SEC. 305. ESTABLISHMENT OF INSIDER THREAT PROGRAM.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following new
section:
``SEC. 104. INSIDER THREAT PROGRAM.
``(a) Establishment.--The Secretary shall establish an Insider Threat
Program within the Department. Such Program shall--
``(1) provide training and education for Department personnel
to identify, prevent, mitigate, and respond to insider threat
risks to the Department's critical assets;
``(2) provide investigative support regarding potential
insider threats that may pose a risk to the Department's
critical assets; and
``(3) conduct risk mitigation activities for insider threats.
``(b) Steering Committee.--
``(1) In general.--The Secretary shall establish a Steering
Committee within the Department. The Under Secretary for
Intelligence and Analysis shall serve as the Chair of the
Steering Committee. The Chief Security Officer shall serve as
the Vice Chair. The Steering Committee shall be comprised of
representatives of the Office of Intelligence and Analysis, the
Office of the Chief Information Officer, the Office of the
General Counsel, the Office for Civil Rights and Civil
Liberties, the Privacy Office, the Office of the Chief Human
Capital Officer, the Office of the Chief Financial Officer, the
Federal Protective Service, the Office of the Chief Procurement
Officer, the Science and Technology Directorate, and other
components or offices of the Department as appropriate. Such
representatives shall meet on a regular basis to discuss cases
and issues related to insider threats to the Department's
critical assets, in accordance with subsection (a).
``(2) Responsibilities.--Not later than one year after the
date of the enactment of this section, the Under Secretary for
Intelligence and Analysis and the Chief Security Officer, in
coordination with the Steering Committee established pursuant
to paragraph (1), shall--
``(A) develop a holistic strategy for Department-wide
efforts to identify, prevent, mitigate, and respond to
insider threats to the Department's critical assets;
``(B) develop a plan to implement the insider threat
measures identified in the strategy developed under
subparagraph (A) across the components and offices of
the Department;
``(C) document insider threat policies and controls;
``(D) conduct a baseline risk assessment of insider
threats posed to the Department's critical assets;
``(E) examine existing programmatic and technology
best practices adopted by the Federal Government,
industry, and research institutions to implement
solutions that are validated and cost-effective;
``(F) develop a timeline for deploying workplace
monitoring technologies, employee awareness campaigns,
and education and training programs related to
identifying, preventing, mitigating, and responding to
potential insider threats to the Department's critical
assets;
``(G) require the Chair and Vice Chair of the
Steering Committee to consult with the Under Secretary
for Science and Technology and other appropriate
stakeholders to ensure the Insider Threat Program is
informed, on an ongoing basis, by current information
regarding threats, beset practices, and available
technology; and
``(H) develop, collect, and report metrics on the
effectiveness of the Department's insider threat
mitigation efforts.
``(c) Definitions.--In this section:
``(1) Critical assets.--The term `critical assets' means the
people, facilities, information, and technology required for
the Department to fulfill its mission.
``(2) Insider.--The term `insider' means--
``(A) any person who has access to classified
national security information and is employed by,
detailed to, or assigned to the Department, including
members of the Armed Forces, experts or consultants to
the Department, industrial or commercial contractors,
licensees, certificate holders, or grantees of the
Department, including all subcontractors, personal
services contractors, or any other category of person
who acts for or on behalf of the Department, as
determined by the Secretary; or
``(B) State, local, tribal, territorial, and private
sector personnel who possess security clearances
granted by the Department.
``(3) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access,
wittingly or unwittingly, to do harm to the security of the
United States, including damage to the United States through
espionage, terrorism, the unauthorized disclosure of classified
national security information, or through the loss or
degradation of departmental resources or capabilities.''.
(b) Reporting.--
(1) In general.--Not later than two years after the date of
the enactment of section 104 of the Homeland Security Act of
2002 (as added by subsection (a) of this section) and the
biennially thereafter for the next four years, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Permanent Select Committee on Intelligence of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Select Committee on
Intelligence of the Senate a report on how the Department of
Homeland Security and its components and offices have
implemented the strategy developed pursuant to subsection
(b)(2)(A) of such section 104, the status of the Department's
risk assessment of critical assets, the types of insider threat
training conducted, the number of Department employees who have
received such training, and information on the effectiveness of
the Insider Threat Program (established pursuant to subsection
(a) of such section 104), based on metrics developed,
collected, and reported pursuant to subsection (b)(2)(H) of
such section 104.
(2) Definitions.--In this subsection, the terms ``critical
assets'', ``insider'', and ``insider threat'' have the meanings
given such terms in section 104 of the Homeland Security Act of
2002 (as added by subsection (a) of this section).
(c) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 103 the following new item:
``Sec. 104. Insider Threat Program.''.
SEC. 306. THREAT ASSESSMENT ON TERRORIST USE OF VIRTUAL CURRENCY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis, as authorized by section 201(b)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 121), shall, in coordination
with appropriate Federal partners, develop and disseminate a threat
assessment regarding the actual and potential threat posed by
individuals using virtual currency to carry out activities in
furtherance of an act of terrorism, including the provision of material
support or resources to a foreign terrorist organization. Consistent
with the protection of classified and confidential unclassified
information, the Under Secretary shall share the threat assessment
developed under this section with State, local, and tribal law
enforcement officials, including officials that operate within State,
local, and regional fusion centers through the Department of Homeland
Security State, Local, and Regional Fusion Center Initiative
established in section 210A of the Homeland Security Act of 2002 (6
U.S.C. 124h).
(b) Definitions.--In this section:
(1) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Virtual currency.--The term ``virtual currency'' means a
digital representation of value that functions as a medium of
exchange, a unit of account, or a store of value.
SEC. 307. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY
BOARD.
(a) In General.--Subtitle A of title II of the Homeland Security Act
of 2002 (6 U.S.C. 121 et seq.), as amended by sections 301 and 303 of
this Act, is further amended by adding at the end the following new
section:
``SEC. 210I. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM.
``(a) Establishment.--There is in the Department a board to be
composed of senior representatives of departmental operational
components and headquarters elements. The purpose of the board shall be
to coordinate and integrate departmental intelligence, activities, and
policy related to the counterterrorism mission and functions of the
Department.
``(b) Charter.--There shall be a charter to govern the structure and
mission of the board. Such charter shall direct the board to focus on
the current threat environment and the importance of aligning
departmental counterterrorism activities under the Secretary's
guidance. The charter shall be reviewed and updated every four years,
as appropriate.
``(c) Members.--
``(1) Chair.--The Secretary shall appoint a Coordinator for
Counterterrorism within the Department who will serve as the
chair of the board.
``(2) Additional members.--The Secretary shall appoint
additional members of the board from among the following:
``(A) The Transportation Security Administration.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs Enforcement.
``(D) The Federal Emergency Management Agency.
``(E) The Coast Guard.
``(F) United States Citizenship and Immigration
Services.
``(G) The United States Secret Service.
``(H) The National Protection and Programs
Directorate.
``(I) The Office of Operations Coordination.
``(J) The Office of the General Counsel.
``(K) The Office of Intelligence and Analysis.
``(L) The Office of Policy.
``(M) The Science and Technology Directorate.
``(N) Other departmental offices and programs as
determined appropriate by the Secretary.
``(d) Meetings.--The board shall meet on a regular basis to discuss
intelligence and coordinate ongoing threat mitigation efforts and
departmental activities, including coordination with other Federal,
State, local, tribal, territorial, and private sector partners, and
shall make recommendations to the Secretary.
``(e) Terrorism Alerts.--The board shall advise the Secretary on the
issuance of terrorism alerts pursuant to section 203 of this Act.
``(f) Prohibition on Additional Funds.--No additional funds are
authorized to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 210H, as added by this Act, the following new item:
``Sec. 210I. Departmental coordination on counterterrorism.''.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security, acting through the
Coordinator for Counterterrorism, shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the status and activities of the board established under section 210I
of the Homeland Security Act of 2002, as added by subsection (a) of
this section.
SEC. 308. BORDER AND GANG THREAT ASSESSMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall conduct
a threat assessment on whether human smuggling organizations and
transnational gangs are exploiting vulnerabilities in border security
screening programs to gain access to the United States and threaten the
United States or border security.
(b) Recommendations.--Upon completion of the threat assessment
required under subsection (a), the Secretary of Homeland Security shall
make a determination if any changes are required to address security
vulnerabilities identified in such assessment.
SEC. 309. SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION.
(a) In General.--Title VII of the Homeland Security Act of 2002 is
amended--
(1) by inserting before section 701 (6 U.S.C. 341) the
following:
``Subtitle A--Headquarters Activities'';
and
(2) by adding at the end the following new subtitle:
``Subtitle B--Security Clearances
``SEC. 731. DESIGNATION OF NATIONAL SECURITY SENSITIVE AND PUBLIC TRUST
POSITIONS.
``(a) In General.--The Secretary shall require the designation of the
sensitivity level of national security positions (pursuant to part 1400
of title 5, Code of Federal Regulations, or similar successor
regulation) be conducted in a consistent manner with respect to all
components and offices of the Department, and consistent with Federal
guidelines.
``(b) Implementation.--In carrying out subsection (a), the Secretary
shall require the utilization of uniform designation tools throughout
the Department and provide training to appropriate staff of the
Department on such utilization. Such training shall include guidance on
factors for determining eligibility for access to classified
information and eligibility to hold a national security position.
``SEC. 732. REVIEW OF POSITION DESIGNATIONS.
``(a) In General.--Not later than one year after the date of the
enactment of this subtitle, and every five years thereafter, the
Secretary shall review all sensitivity level designations of national
security positions (pursuant to part 1400 of title 5, Code of Federal
Regulations, or similar successor regulation) at the Department.
``(b) Determination.--If during the course of a review required under
subsection (a), the Secretary determines that a change in the
sensitivity level of a position that affects the need for an individual
to obtain access to classified information is warranted, such access
shall be administratively adjusted and an appropriate level periodic
reinvestigation completed, as necessary.
``(c) Congressional Reporting.--Upon completion of each review
required under subsection (a), the Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
on the findings of each such review, including the number of positions
by classification level and by component and office of the Department
in which the Secretary made a determination in accordance with
subsection (b) to--
``(1) require access to classified information;
``(2) no longer require access to classified information; or
``(3) otherwise require a different level of access to
classified information.
``SEC. 733. AUDITS.
``Beginning not later than 180 days after the date of the enactment
of this section, the Inspector General of the Department shall conduct
regular audits of compliance of the Department with part 1400 of title
5, Code of Federal Regulations, or similar successor regulation.
``SEC. 734. REPORTING.
``(a) In General.--The Secretary shall annually through fiscal year
2022 submit to the Committee on Homeland Security and the Committee on
Oversight and Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report on the following:
``(1) The number of denials, suspensions, revocations, and
appeals of the eligibility for access to classified information
of an individual throughout the Department.
``(2) The date and status or disposition of each reported
action under paragraph (1).
``(3) The identification of the sponsoring entity, whether by
a component, office, or headquarters of the Department, of each
action under paragraph (1), and description of the grounds for
each such action.
``(4) Demographic data, including data relating to race, sex,
national origin, and disability, of each individual for whom
eligibility for access to classified information was denied,
suspended, revoked, or appealed, and the number of years that
each such individual was eligible for access to such
information.
``(5) In the case of a suspension in excess of 180 days, an
explanation for such duration.
``(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form and be made publicly available, but may
include a classified annex for any sensitive or classified information
if necessary.
``SEC. 735. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, AND REVOCATION.
``Not later than one year after the date of the enactment of this
section, the Secretary, in consultation with the Homeland Security
Advisory Committee, shall develop a plan to achieve greater uniformity
within the Department with respect to the adjudication of eligibility
of an individual for access to classified information that are
consistent with the Adjudicative Guidelines for Determining Access to
Classified Information published on December 29, 2005, or similar
successor regulation. The Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate the plan. The
plan shall consider the following:
``(1) Mechanisms to foster greater compliance with the
uniform Department adjudication, suspension, denial, and
revocation standards by the head of each component and office
of the Department with the authority to adjudicate access to
classified information.
``(2) The establishment of an internal appeals panel
responsible for final national security clearance denial and
revocation determinations that is comprised of designees who
are career, supervisory employees from components and offices
of the Department with the authority to adjudicate access to
classified information and headquarters, as appropriate.
``SEC. 736. DATA PROTECTION.
``The Secretary shall ensure that all information received for the
adjudication of eligibility of an individual for access to classified
information is consistent with the Adjudicative Guidelines for
Determining Access to Classified Information published on December 29,
2005, or similar successor regulation, and is protected against
misappropriation.
``SEC. 737. REFERENCE.
``Except as otherwise provided, for purposes of this subtitle, any
reference to the `Department' includes all components and offices of
the Department.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended--
(1) by inserting before the item relating to section 701 the
following new item:
``Subtitle A--Headquarters Activities'';
and
(2) by inserting after the final item relating to title VII
the following new items:
``Subtitle B--Security Clearances
``Sec. 731. Designation of national security sensitive and public trust
positions.
``Sec. 732. Review of position designations.
``Sec. 733. Audits.
``Sec. 734. Reporting.
``Sec. 735. Uniform adjudication, suspension, denial, and revocation.
``Sec. 736. Data protection.
``Sec. 737. Reference.''.
Subtitle B--Stakeholder Information Sharing
SEC. 311. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP
INITIATIVE.
(a) In General.--Section 210A of the Homeland Security Act of 2002 (6
U.S.C. 124h) is amended--
(1) by amending the section heading to read as follows:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY FUSION CENTER PARTNERSHIP
INITIATIVE.'';
(2) in subsection (a), by adding at the end the following new
sentence: ``Beginning on the date of the enactment of the
Department of Homeland Security Authorization Act of 2017, such
Initiative shall be known as the `Department of Homeland
Security Fusion Center Partnership Initiative'.'';
(3) by amending subsection (b) to read as follows:
``(b) Interagency Support and Coordination.--Through the Department
of Homeland Security Fusion Center Partnership Initiative, in
coordination with principal officials of fusion centers in the National
Network of Fusion Centers and the officers designated as the Homeland
Security Advisors of the States, the Secretary shall--
``(1) coordinate with the heads of other Federal departments
and agencies to provide operational and intelligence advice and
assistance to the National Network of Fusion Centers;
``(2)(A) support the integration of fusion centers into the
information sharing environment;
``(B) conduct outreach to such fusion centers to identify any
gaps in information sharing; and
``(C) consult with other Federal agencies to develop methods
to address any such gaps, as appropriate;
``(3)(A) identify Federal databases and datasets, including
databases and datasets used, operated, or managed by Department
components, the Federal Bureau of Investigation, and the
Department of the Treasury, that are appropriate, in accordance
with Federal laws and policies, to address any gaps identified
pursuant to paragraph (2), for inclusion in the information
sharing environment; and
``(B) coordinate with the appropriate Federal agency to
deploy or access such databases and datasets;
``(4) support the maturation and sustainment of the National
Network of Fusion Centers;
``(5) reduce inefficiencies and maximize the effectiveness of
Federal resource support to the National Network of Fusion
Centers;
``(6) provide analytic and reporting advice and assistance to
the National Network of Fusion Centers;
``(7) review information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, that is gathered by the National Network of Fusion
Centers and incorporate such information, as appropriate, into
the Department's own such information;
``(8) provide for the effective dissemination of information
within the scope of the information sharing environment to the
National Network of Fusion Centers;
``(9) facilitate close communication and coordination between
the National Network of Fusion Centers and the Department and
other Federal departments and agencies;
``(10) provide the National Network of Fusion Centers with
expertise on Department resources and operations;
``(11) coordinate the provision of training and technical
assistance to the National Network of Fusion Centers and
encourage participating fusion centers to take part in
terrorism threat-related exercises conducted by the Department;
``(12) ensure, to the greatest extent practicable, that
support for the National Network of Fusion Centers is included
as a national priority in applicable homeland security grant
guidance;
``(13) 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;
``(14) coordinate the nationwide suspicious activity report
initiative to ensure information gathered by the National
Network of Fusion Centers is incorporated as appropriate;
``(15) promote and facilitate, to the greatest extent
practicable, nationwide suspicious activity report training of
fire, emergency medical services, emergency management, and
public heath personnel;
``(16) lead Department efforts to ensure fusion centers in
the National Network of Fusion Centers are the primary focal
points for the sharing of homeland security information,
terrorism information, and weapons of mass destruction
information with State, local, tribal, and territorial entities
to the greatest extent practicable;
``(17) develop and disseminate best practices on the
appropriate levels for staffing at fusion centers in the
National Network of Fusion Centers of qualified representatives
from State, local, tribal, and territorial law enforcement,
fire, emergency medical, and emergency management services, and
public health disciplines, as well as the private sector; and
``(18) carry out such other duties as the Secretary
determines appropriate.'';
(4) in subsection (c)--
(A) by striking so much as precedes paragraph (3)(B)
and inserting the following:
``(c) Resource Allocation.--
``(1) Information sharing and personnel assignment.--
``(A) Information sharing.--The Under Secretary for
Intelligence and Analysis shall ensure that, as
appropriate--
``(i) fusion centers in the National Network
of Fusion Centers have access to homeland
security information sharing systems; and
``(ii) Department personnel are deployed to
support fusion centers in the National Network
of Fusion Centers in a manner consistent with
the Department's mission and existing statutory
limits.
``(B) Personnel assignment.--Department personnel
referred to in subparagraph (A)(ii) may include the
following:
``(i) Intelligence officers.
``(ii) Intelligence analysts.
``(iii) Other liaisons from components and
offices of the Department, as appropriate.
``(C) Memoranda of understanding.--The Under
Secretary for Intelligence and Analysis shall negotiate
memoranda of understanding between the Department and a
State or local government, in coordination with the
appropriate representatives from fusion centers in the
National Network of Fusion Centers, regarding the
exchange of information between the Department and such
fusion centers. Such memoranda shall include the
following:
``(i) The categories of information to be
provided by each entity to the other entity
that are parties to any such memoranda.
``(ii) The contemplated uses of the exchanged
information that is the subject of any such
memoranda.
``(iii) The procedures for developing joint
products.
``(iv) The information sharing dispute
resolution processes.
``(v) Any protections necessary to ensure the
exchange of information accords with applicable
law and policies.
``(2) Sources of support.--
``(A) In general.--Information shared and personnel
assigned pursuant to paragraph (1) may be shared or
provided, as the case may be, by the following
Department components and offices, in coordination with
the respective component or office head and in
consultation with the principal officials of fusion
centers in the National Network of Fusion Centers:
``(i) The Office of Intelligence and
Analysis.
``(ii) The Office of Infrastructure
Protection.
``(iii) The Transportation Security
Administration.
``(iv) U.S. Customs and Border Protection.
``(v) U.S. Immigration and Customs
Enforcement.
``(vi) The Coast Guard.
``(vii) The national cybersecurity and
communications integration center under section
227.
``(viii) Other components or offices of the
Department, as determined by the Secretary.
``(B) Coordination with other federal agencies.--The
Under Secretary for Intelligence and Analysis shall
coordinate with appropriate officials throughout the
Federal Government to ensure the deployment to fusion
centers in the National Network of Fusion Centers of
representatives with relevant expertise of other
Federal departments and agencies.
``(3) Resource allocation criteria.--
``(A) In general.--The Secretary shall make available
criteria for sharing information and deploying
personnel to support a fusion center in the National
Network of Fusion Centers in a manner consistent with
the Department's mission and existing statutory
limits.''; and
(B) in paragraph (4)(B), in the matter preceding
clause (i), by inserting ``in which such fusion center
is located'' after ``region'';
(5) in subsection (d)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4)--
(i) by striking ``government'' and inserting
``governments''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) utilize Department information, including information
held by components and offices, to develop analysis focused on
the mission of the Department under section 101(b).'';
(6) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--To the greatest extent practicable, the
Secretary shall make it a priority to allocate resources,
including deployed personnel, under this section from U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and the Coast Guard to support fusion centers in
the National Network of Fusion Centers located in jurisdictions
along land or maritime borders of the United States in order to
enhance the integrity of and security at such borders by
helping Federal, State, local, tribal, and territorial law
enforcement authorities to identify, investigate, and otherwise
interdict persons, weapons, and related contraband that pose a
threat to homeland security.''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``participating State,
local, and regional fusion centers'' and inserting
``fusion centers in the National Network of Fusion
Centers'';
(7) in subsection (j)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) by redesignating paragraph (5) as paragraph (6);
and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) the term `National Network of Fusion Centers' means a
decentralized arrangement of fusion centers intended to enhance
individual State and urban area fusion centers' ability to
leverage the capabilities and expertise of all fusion centers
for the purpose of enhancing analysis and homeland security
information sharing nationally; and''; and
(8) by striking subsection (k).
(b) Accountability Report.--Not later than one year after the date of
the enactment of this Act and annually thereafter through 2024, the
Under Secretary for Intelligence and Analysis of the Department of
Homeland Security shall report to the Committee on Homeland Security
and the Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate on the
efforts of the Office of Intelligence and Analysis of the Department
and other relevant components and offices of the Department to enhance
support provided to fusion centers in the National Network of Fusion
Centers, including meeting the requirements specified in section 210A
of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by
subsection (a) of this section.
(c) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by striking the item relating
to section 210A and inserting the following new item:
``Sec. 210A. Department of Homeland Security Fusion Center Partnership
Initiative.''.
(d) Reference.--Any reference in any law, rule, or regulation to the
``Department of Homeland Security State, Local, and Regional Fusion
Center Initiative'' shall be deemed to be a reference to the
``Department of Homeland Security Fusion Center Partnership
Initiative''.
SEC. 312. FUSION CENTER PERSONNEL NEEDS ASSESSMENT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an assessment of Department of Homeland Security
personnel assigned to fusion centers pursuant to subsection (c) of
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as
amended by section 311 of this Act, including an assessment of whether
deploying additional Department personnel to such fusion centers would
enhance the Department's mission under section 101(b) of such Act and
the National Network of Fusion Centers. The assessment required under
this subsection shall include the following:
(1) Information on the current deployment of the Department's
personnel to each fusion center.
(2) Information on the roles and responsibilities of the
Department's Office of Intelligence and Analysis intelligence
officers, intelligence analysts, senior reports officers,
reports officers, and regional directors deployed to fusion
centers.
(3) Information on Federal resources, in addition to
personnel, provided to each fusion center.
(4) An analysis of the optimal number of personnel the Office
of Intelligence and Analysis should deploy to fusion centers,
including a cost-benefit analysis comparing deployed personnel
with technological solutions to support information sharing.
(5) An assessment of fusion centers located in jurisdictions
along land and maritime borders of the United States, and the
degree to which deploying personnel, as appropriate, from U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and the Coast Guard to such fusion centers would
enhance the integrity and security at such borders by helping
Federal, State, local, tribal, and territorial law enforcement
authorities to identify, investigate, and interdict persons,
weapons, and related contraband that pose a threat to homeland
security.
(6) An assessment of fusion centers located in jurisdictions
with large and medium hub airports, and the degree to which
deploying, as appropriate, personnel from the Transportation
Security Administration to such fusion centers would enhance
the integrity and security of aviation security.
(b) Definitions.--In this section:
(1) Fusion center.--The term ``fusion center'' has the
meaning given such term in subsection (j) of section 210A of
the Homeland Security Act of 2002 (6 U.S.C. 124h).
(2) National network of fusion centers.--The term ``National
Network of Fusion Centers'' has the meaning given such term in
subsection (j) of section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h), as amended by section 311 of this Act.
SEC. 313. PROGRAM FOR STATE AND LOCAL ANALYST CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that any program
established by the Under Secretary for Intelligence and Analysis of the
Department of Homeland Security to provide eligibility for access to
information classified as Top Secret for State, local, tribal, and
territorial analysts located in fusion centers shall be consistent with
the need to know requirements pursuant to Executive Order No. 13526 (50
U.S.C. 3161 note).
(b) Report.--Not later than two years after the date of the enactment
of this Act, the Under Secretary of Intelligence and Analysis of the
Department of Homeland Security, in consultation with the Director of
National Intelligence, shall submit to the Committee on Homeland
Security and the Permanent Select Committee on Intelligence of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Select Committee on Intelligence of the
Senate a report on the following:
(1) The process by which the Under Secretary of Intelligence
and Analysis determines a need to know pursuant to Executive
Order No. 13526 to sponsor Top Secret clearances for
appropriate State, local, tribal, and territorial analysts
located in fusion centers.
(2) The effects of such Top Secret clearances on enhancing
information sharing with State, local, tribal, and territorial
partners.
(3) The cost for providing such Top Secret clearances for
State, local, tribal, and territorial analysts located in
fusion centers, including training and background
investigations.
(4) The operational security protocols, training, management,
and risks associated with providing such Top Secret clearances
for State, local, tribal, and territorial analysts located in
fusion centers.
(c) Definition.--In this section, the term ``fusion center'' has the
meaning given such term in subsection (j) of section 210A of the
Homeland Security Act of 2002 (6 U.S.C. 124h).
SEC. 314. INFORMATION TECHNOLOGY ASSESSMENT.
(a) In General.--The Under Secretary of Intelligence and Analysis of
the Department of Homeland Security, in collaboration with the Chief
Information Officer of the Department and representatives from the
National Network of Fusion Centers, shall conduct an assessment of
information systems (as such term is defined in section 3502 of title
44, United States Code) used to share homeland security information
between the Department and fusion centers in the National Network of
Fusion Centers and make upgrades to such systems, as appropriate. Such
assessment shall include the following:
(1) An evaluation of the accessibility and ease of use of
such systems by fusion centers in the National Network of
Fusion Centers.
(2) A review to determine how to establish improved
interoperability of departmental information systems with
existing information systems used by fusion centers in the
National Network of Fusion Centers.
(3) An evaluation of participation levels of departmental
components and offices of information systems used to share
homeland security information with fusion centers in the
National Network of Fusion Centers.
(b) Definitions.--In this section:
(1) Fusion center.--The term ``fusion center'' has the
meaning given such term in subsection (j) of section 210A of
the Homeland Security Act of 2002 (6 U.S.C. 124h).
(2) National network of fusion centers.--The term ``National
Network of Fusion Centers'' has the meaning given such term in
subsection (j) of section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h), as amended by section 311 of this Act.
SEC. 315. DEPARTMENT OF HOMELAND SECURITY CLASSIFIED FACILITY INVENTORY
AND DISSEMINATION.
(a) In General.--The Secretary of Homeland Security shall, to the
extent practicable--
(1) maintain an inventory of those Department of Homeland
Security facilities that the Department certifies to house
classified infrastructure or systems at the secret level and
above;
(2) update such inventory on a regular basis; and
(3) share part or all of such inventory with--
(A) Department personnel who have been granted the
appropriate security clearance;
(B) non-Federal governmental personnel who have been
granted a Top Secret security clearance; and
(C) other personnel as determined appropriate by the
Secretary.
(b) Inventory.--The inventory of facilities described in subsection
(a) may include--
(1) the location of such facilities;
(2) the attributes of such facilities (including the square
footage of, the total capacity of, the number of workstations
in, and the number of conference rooms in, such facilities);
(3) the entities that operate such facilities; and
(4) the date of establishment of such facilities.
SEC. 316. TERROR INMATE INFORMATION SHARING.
(a) In General.--The Secretary of Homeland Security, in coordination
with the Attorney General and in consultation with other appropriate
Federal officials, shall, as appropriate, share with State, local, and
regional fusion centers through the Department of Homeland Security
Fusion Center Partnership Initiative under section 210A of the Homeland
Security Act of 2002 (6 U.S.C. 124h), as amended by section 311 of this
Act, as well as other relevant law enforcement entities, release
information from a Federal correctional facility, including the name,
charging date, and expected place and date of release, of certain
individuals who may pose a terrorist threat.
(b) Scope.--The information shared pursuant to subsection (a) shall
be--
(1) for homeland security purposes; and
(2) regarding individuals convicted of a Federal crime of
terrorism (as such term is defined in section 2332b of title
18, United States Code).
(c) Periodic Threat Assessments.--Consistent with the protection of
classified information and controlled unclassified information, the
Secretary of Homeland Security shall coordinate with appropriate
Federal officials to provide State, local, and regional fusion centers
described in subsection (a) with periodic assessments regarding the
overall threat from known or suspected terrorists currently
incarcerated in a Federal correctional facility, including the assessed
risks of such populations engaging in terrorist activity upon release.
(d) Privacy Protections.--Prior to affecting the information sharing
described in subsection (a), the Secretary shall receive input and
advice from the Officer for Civil Rights and Civil Liberties, the
Officer for Privacy and the Chief Intelligence Officer of the
Department.
(e) Rule of Construction.--Nothing in this section may be construed
as requiring the establishment of a list or registry of individuals
convicted of terrorism.
SEC. 317. ANNUAL REPORT ON OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.
Subsection (b) of section 2006 of the Homeland Security Act of 2002
(6 U.S.C. 607) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Annual report.--For each of fiscal years 2018 through
2022, the Assistant Secretary for State and Local Law
Enforcement shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on the
activities of the Office for State and Local Law Enforcement.
Each such report shall include, for the fiscal year covered by
the report, a description of each of the following:
``(A) Efforts to coordinate and share information
regarding Department and component agency programs with
State, local, and tribal law enforcement agencies.
``(B) Efforts to improve information sharing through
the Homeland Security Information Network by
appropriate component agencies of the Department and by
State, local, and tribal law enforcement agencies.
``(C) The status of performance metrics within the
Office of State and Local Law Enforcement to evaluate
the effectiveness of efforts to carry out
responsibilities set forth within the subsection.
``(D) Any feedback from State, local, and tribal law
enforcement agencies about the Office, including the
mechanisms utilized to collect such feedback.
``(E) Efforts to carry out all other responsibilities
of the Office of State and Local Law Enforcement.''.
SEC. 318. ANNUAL CATALOG ON DEPARTMENT OF HOMELAND SECURITY TRAINING,
PUBLICATIONS, PROGRAMS, AND SERVICES FOR STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT AGENCIES.
Paragraph (4) of section 2006(b) of the Homeland Security Act of 2002
(6 U.S.C. 607(b)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) produce an annual catalog that summarizes
opportunities for training, publications, programs, and
services available to State, local, and tribal law
enforcement agencies from the Department and from each
component and office within the Department and, not
later than 30 days after the date of such production,
disseminate the catalog, including by--
``(i) making such catalog available to State,
local, and tribal law enforcement agencies,
including by posting the catalog on the website
of the Department and cooperating with national
organizations that represent such agencies;
``(ii) making such catalog available through
the Homeland Security Information Network; and
``(iii) submitting such catalog to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs of the
Senate; and
``(H) in coordination with appropriate components and
offices of the Department and other Federal agencies,
develop, maintain, and make available information on
Federal resources intended to support fusion center
access to Federal information and resources.''.
TITLE IV--MARITIME SECURITY
SEC. 401. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL
SUPPLY CHAIN.
Paragraph (2) of section 201(g) of the Security and Accountability
for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as
follows:
``(2) Updates.--Not later than 270 days after the date of the
enactment of this paragraph and every three years thereafter,
the Secretary shall submit to the appropriate congressional
committees a report that contains an update of the strategic
plan required by subsection (a).''.
SEC. 402. CONTAINER SECURITY INITIATIVE.
Subsection (l) of section 205 of the Security and Accountability for
Every Port Act of 2006 (6 U.S.C. 945) is amended--
(1) by striking ``(1) in general.--Not later than September
30, 2007,'' and inserting ``Not later than 270 days after the
date of the enactment of the Border and Maritime Security
Coordination Improvement Act,'';
(2) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively, and by moving the
margins of such paragraphs (as so redesignated) two ems to the
left; and
(3) by striking paragraph (2).
SEC. 403. CYBER AT PORTS.
(a) Cybersecurity Enhancements to Maritime Security Activities.--
Subparagraph (B) of section 70112(a)(2) of title 46, United States
Code, is amended--
(1) by redesignating clauses (i) through (iii) as clauses
(ii) and (iv), respectively; and
(2) by inserting before clause (ii) the following new clause:
``(i) shall facilitate the sharing of information relating to
cybersecurity risks and incidents (as such terms are defined in
section 227 of the Homeland Security Act of 2002 (6 U.S.C.
148)) to address port-specific cybersecurity risks and
incidents, which may include the establishment of a working
group of members of such committees to address such port-
specific cybersecurity risks and incidents;''.
(b) Vulnerability Assessments and Security Plans.--Title 46, United
States Code, is amended--
(1) in subparagraph (C) of section 70102(b)(1), by inserting
``cybersecurity,'' after ``physical security,''; and
(2) in subparagraph (C) of section 70103(c)(3)--
(A) in clause (i), by inserting ``cybersecurity,''
after ``physical security,'';
(B) in clause (iv), by striking ``and'' after the
semicolon at the end;
(C) by redesignating clause (v) as clause (vi); and
(D) by inserting after clause (iv) the following new
clause:
``(v) prevention, management, and response to cybersecurity risks and
incidents (as such terms are defined in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)); and''.
SEC. 404. FACILITY INSPECTION INTERVALS.
Subparagraph (D) of section 70103(c)(4) of title 46, United States
Code, is amended to read as follows:
``(D) subject to the availability of appropriations,
verify the effectiveness of each such facility security
plan periodically, but not less than one time per year
without notice, and more frequently as determined
necessary, in a risk based manner, with or without
notice to the facility.''.
SEC. 405. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
(a) In General.--Subtitle C of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 434. UPDATES OF MARITIME OPERATIONS COORDINATION PLAN.
``Not later than 180 days after the date of the enactment of this
section and biennially thereafter, the Secretary shall submit to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a maritime
operations coordination plan for the coordination and cooperation of
maritime operations undertaken by components and offices of the
Department with responsibility for maritime security missions. Such
plan shall update the maritime operations coordination plan released by
the Department in July 2011, and shall address the following:
``(1) Coordination of planning, integration of maritime
operations, and development of joint maritime domain awareness
efforts of any component or office of the Department with
responsibility for maritime homeland security missions.
``(2) Maintaining effective information sharing and, as
appropriate, intelligence integration, with Federal, State, and
local officials and the private sector, regarding threats to
maritime security.
``(3) Cooperation and coordination with other departments and
agencies of the Federal Government, and State and local
agencies, in the maritime environment, in support of maritime
homeland security missions.
``(4) Work conducted within the context of other national and
Department maritime security strategic guidance.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by adding after the item
relating to section 433 the following new item:
``Sec. 434. Updates of maritime operations coordination plan.''.
SEC. 406. EVALUATION OF COAST GUARD DEPLOYABLE SPECIALIZED FORCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate a
report that describes and assesses the state of the Coast Guard's
Deployable Specialized Forces (in this section referred to as the
``DSF''). Such report shall include, at a minimum, the following
elements:
(1) For each of the past three fiscal years, and for each
type of DSF, the following:
(A) A cost analysis, including training, operating,
and travel costs.
(B) The number of personnel assigned.
(C) The total number of units.
(D) The total number of operations conducted.
(E) The number of operations requested by each of the
following:
(i) The Coast Guard.
(ii) Other components or offices of the
Department of Homeland Security.
(iii) Other Federal departments or agencies.
(iv) State agencies.
(v) Local agencies.
(F) The number of operations fulfilled by the
entities specified in subparagraph (E).
(2) An examination of alternative distributions of DSFs,
including the feasibility, cost (including cost savings), and
impact on mission capability of such distributions, including
at a minimum the following:
(A) Combining DSFs, primarily focused on counterdrug
operations, under one centralized command.
(B) Distributing counter-terrorism and anti-terrorism
capabilities to DSFs in each major United States port.
(b) Deployable Specialized Force Defined.--In this section, the term
``Deployable Specialized Force'' means a unit of the Coast Guard that
serves as a quick reaction force designed to be deployed to handle
counter-drug, counter-terrorism, and anti-terrorism operations or other
maritime threats to the United States.
SEC. 407. COST BENEFIT ANALYSIS OF CO-LOCATING DHS ASSETS.
(a) In General.--For any location in which U.S. Customs and Border
Protection's Office of Air and Marine Operations is based within 45
miles of locations where any other Department of Homeland Security
agency also operates air and marine assets, the Secretary of Homeland
Security shall conduct a cost-benefit analysis to consider the
potential cost of and savings derived from co-locating aviation and
maritime operational assets of the Office of Air and Marine Operations
at facilities where other agencies of the Department operate such
assets. In analyzing such potential cost savings achieved by sharing
aviation and maritime facilities, such analysis shall consider, at a
minimum, the following factors:
(1) Potential enhanced cooperation derived from Department
personnel being co-located.
(2) Potential costs of, and savings derived through, shared
maintenance and logistics facilities and activities.
(3) Joint use of base and facility infrastructure, such as
runways, hangars, control towers, operations centers, piers and
docks, boathouses, and fuel depots.
(4) Potential operational costs of co-locating aviation and
maritime assets and personnel.
(5) Short term moving costs required in order to co-locate
facilities.
(6) Acquisition and infrastructure costs for enlarging
current facilities, as needed.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
summarizing the results of the cost-benefit analysis required under
subsection (a) and any planned actions based upon such results.
SEC. 408. REPEAL OF INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY
AND SECURE SYSTEMS OF TRANSPORTATION.
Sections 70107A and 70116 of title 46, United States Code, are
repealed.
SEC. 409. 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 405 of this Act,
is further amended by adding at the end the following new section:
``SEC. 435. MARITIME SECURITY CAPABILITIES ASSESSMENTS.
``Not later than 180 days after the date of the enactment of this
section and annually thereafter, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
an assessment of the number and type of maritime assets and the number
of personnel required to increase the Department's maritime response
rate pursuant to section 1092 of the National Defense Authorization Act
for Fiscal Year 2017 (6 U.S.C. 223; Public Law 114-328).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended by section 405 of this Act,
is further amended by inserting after the item relating to section 434
the following new item:
``Sec. 435. Maritime security capabilities assessments.''.
SEC. 410. CONFORMING AND CLERICAL AMENDMENTS.
(a) Sections.--The following provisions of the Security and
Accountability for Every Port Act of 2006 (Public Law 109-347) are
amended as follows:
(1) By striking section 105.
(2) By redesignating sections 106 and 107 as sections 105 and
106, respectively.
(3) By striking section 108.
(4) By redesignating sections 109 and 110 as sections 107 and
108, respectively.
(5) In section 121 (6 U.S.C. 921)--
(A) by striking subsections (c), (d), and (e); and
(B) redesignating subsections (f), (g), (h), and (i)
as subsections (c), (d), (e), and (f), respectively.
(6) By striking sections 122 and 127 (6 U.S.C. 922 and ).
(7) By redesignating sections 123, 124, 125, 126, and 128 as
sections 122, 123, 124, 125, and 126, respectively.
(8) In section 233 (6 U.S.C. 983), by striking subsection
(c).
(9) By striking section 235 (6 U.S.C. 984).
(10) By redesignating section 236 as section 235.
(11) By striking sections 701 and 708 (and the item relating
to such section in the table of contents of such Act).
(12) By redesignating sections 702, 703, 704, 705, 706, 707,
and 709 as sections 701, 702, 703, 704, 705, 706, and 707,
respectively.
(b) Table of Contents.--
(1) Security and accountability for every port act of 2006.--
The table of contents of the Security and Accountability for
Every Port Act of 2006 (Public Law 109-347) is amended as
follows:
(A) In the list of items relating to subtitle A of
title I, by striking the items relating to sections 105
through 110 and inserting the following new items:
``Sec. 105. Prohibition of issuance of transportation security cards to
persons convicted of certain felonies.
``Sec. 106. Long-range vessel tracking.
``Sec. 107. Notice of arrival for foreign vessels on the Outer
Continental Shelf.
``Sec. 108. Enhanced crewmember identification.''.
(B) In the list of items relating to subtitle C of
title I, by striking the items relating to sections 122
through 128 and inserting the following new items:
``Sec. 122. Random searches of containers.
``Sec. 123. Work stoppages and employee-employer disputes.
``Sec. 124. Threat assessment screening of port truck drivers.
``Sec. 125. Border Patrol unit for United States Virgin Islands.
``Sec. 126. Center of Excellence for Maritime Domain Awareness.''.
(C) In the list of items relating to subtitle C of
title II, by striking the items relating to sections
235 and 236 and inserting the following new item:
``Sec. 235. Information sharing relating to supply chain security
cooperation.''.
(D) In the list of items relating to title VII, by
striking the items relating to sections 701 through 709
and inserting the following new items:
``Sec. 701. Disclosures regarding homeland security grants.
``Sec. 702. Trucking security.
``Sec. 703. Air and Marine Operations of the Northern Border Air Wing.
``Sec. 704. Phaseout of vessels supporting oil and gas development.
``Sec. 705. Coast Guard property in Portland, Maine.
``Sec. 706. Methamphetamine and methamphetamine precursor chemicals.
``Sec. 707. Protection of health and safety during disasters.''.
(2) Title 46.--In the list of items relating to the analysis
for chapter 701 of title 46, United States Code, by striking
the items relating to sections 70107A and 70116.
TITLE V--TRANSPORTATION SECURITY ADMINISTRATION
Subtitle A--Administration
SEC. 501. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002 AND TITLE 5,
UNITED STATES CODE.
(a) Homeland Security Act of 2002.--Paragraph (1) of section 103(a)
of the Homeland Security Act of 2002, as amended by this Act, is
further amended by adding at the end the following new subparagraph:
``(K) An Administrator of the Transportation Security
Administration, in accordance with section 114 of title
49, United States Code.''.
(b) Inclusion in Executive Schedule.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Administrator of the Transportation Security Administration,
Department of Homeland Security.''.
SEC. 502. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
(a) Amendments.--Section 114 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(2) in subsection (b)(1), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration'';
(3) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator'';
(4) in subsection (b), in the heading, by striking ``Under
Secretary'' and inserting ``Administrator'';
(5) in subsection (e)(4), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(6) in subsection (f)--
(A) in paragraph (6), by striking ``Managers'' and
inserting ``Directors''; and
(B) in paragraph (14), by inserting ``air carriers
or'' before ``foreign air carriers'';
(7) in subsection (g)--
(A) by striking ``the Secretary'' each place it
appears and inserting ``the Secretary of Homeland
Security''; and
(B) in paragraph (3), by striking ``The Secretary''
and inserting ``The Secretary of Homeland Security'';
(8) in subsection (j)(1)(D), by striking ``the Secretary''
and inserting ``the Secretary of Homeland Security'';
(9) in subsection (l)--
(A) in paragraph (2)(A), by striking ``the
Secretary'' and inserting ``the Secretary of Homeland
Security''; and
(B) in paragraph (4)(B), by striking ``the
Administrator under subparagraph (A)'' and inserting
``the Administrator of the Federal Aviation
Administration under subparagraph (A)'';
(10) in subsection (m)--
(A) in the heading, by striking ``Under Secretary''
and inserting ``Administrator''; and
(B) in paragraph (1), in the heading, by striking
``Under secretary'' and inserting ``Administrator'';
(11) in subsection (n), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(12) in subsection (o), by striking ``Department of
Transportation'' and inserting ``Department of Homeland
Security'';
(13) in subsection (p)(4), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(14) by redesignating subsections (u), (v), and (w) as
subsections (t), (cc), and (dd), respectively; and
(15) by inserting after subsection (t), as so redesignated,
the following new subsections:
``(u) Deputy Administrator.--There is established in the
Transportation Security Administration a Deputy Administrator, who
shall assist the Administrator in the management of the Transportation
Security Administration.
``(v) Office of Public Affairs.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of Public
Affairs (in this subsection referred to as the `Office').
``(2) Assistant administrator.--The head of the Office shall
be the Assistant Administrator for Public Affairs, who shall
report to the Administrator of the Transportation Security
Administration or the Administrator's designee.
``(3) Functions.--The Office shall be responsible for
facilitating understanding of the Transportation Security
Administration's mission by communicating with internal and
external audiences in a timely, accurate, and transparent
manner.
``(w) Office of Civil Rights and Liberties, Ombudsman, and Traveler
Engagement.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of Civil
Rights and Liberties, Ombudsman, and Traveler Engagement (in
this subsection referred to as the `Office').
``(2) Assistant administrator.--The head of the Office shall
be the Assistant Administrator for Civil Rights and Liberties,
Ombudsman, and Traveler Engagement, who shall report to the
Administrator of the Transportation Security Administration or
the Administrator's designee.
``(3) Functions.--The Office shall be responsible for
managing allegations of violations of civil rights and civil
liberties from the public, carrying out the Administration's
equal employment opportunity and diversity policies and
programs, including complaint management and adjudication, and
helping to ensure that employees and the traveling public are
treated in a fair and lawful manner.
``(x) Office of Legislative Affairs.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of Legislative
Affairs (in this subsection referred to as the `Office').
``(2) Assistant administrator.--The head of the Office shall
be the Assistant Administrator for Legislative Affairs, who
shall report to the Administrator of the Transportation
Security Administration or the Administrator's designee.
``(3) Functions.--The Office shall be responsible for
developing and implementing strategies within the
Transportation Security Administration to achieve congressional
approval or authorization of the Administration's programs and
policies.
``(y) Office of Finance and Administration.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of Finance and
Administration (in this subsection referred to as the
`Office').
``(2) Chief financial officer.--The head of the Office shall
be the Chief Financial Officer, who shall report to the
Administrator of the Transportation Security Administration or
the Administrator's designee.
``(3) Functions.--The Office shall be responsible for
financial, budgetary, and administrative activities that
support the mission of the Transportation Security
Administration.
``(z) Office of the Chief of Operations.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of the Chief
of Operations (in this subsection referred to as the `Office').
``(2) Chief of operations.--The head of the Office shall be
the Chief of Operations, who shall report to the Administrator
of the Transportation Security Administration or the
Administrator's designee.
``(3) Functions.--The Office shall be responsible for the
following:
``(A) Conducting protection, response, detection,
assessment, and investigation activities in airports
and other transportation facilities and deploying
Federal Air Marshals on United States aircraft
traveling domestically and internationally.
``(B) Identifying, analyzing, and mitigating risk by
assessing vulnerabilities at international locations to
determine risk, evaluating risk impacts to determine
mitigation activities, and executing mitigation
activities to reduce risk to the United States.
``(C) Providing security and intelligence
professionals with timely information in order to
prevent a terrorist attack against the transportation
systems of the United States.
``(D) Developing security policies and plans that
reduce the risk of catastrophic terrorist attacks.
``(E) Providing risk-based, adaptive security that
includes airport checkpoint and baggage screening
operations, regulatory compliance, cargo inspections,
and other specialized programs designed to secure
transportation.
``(F) Safeguarding the transportation systems of the
United States through the qualification and delivery of
innovative security capabilities.
``(aa) Office of the Chief of Mission Support.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of the Chief
of Mission Support (in this subsection referred to as the
`Office').
``(2) Chief of mission support.--The head of the Office shall
be the Chief of Mission Support, who shall report to the
Administrator of the Transportation Security Administration or
the Administrator's designee.
``(3) Functions.--The Office shall be responsible for the
following:
``(A) Negotiating and awarding contracts and other
procurement vehicles that improve the Transportation
Security Administration's capabilities.
``(B) Providing strategic, sustainable, and
comprehensive programs and services that attract,
build, and inspire a talented workforce.
``(C) Overseeing the development, delivery, and
evaluation of training programs for Transportation
Security Administration employees.
``(D) Providing information technologies and services
that enable global transportation security.
``(E) Ensuring the integrity, efficiency, and
effectiveness of the Transportation Security
Administration's workforce, operations, and programs
through objective audits, covert testing, inspections,
and criminal investigations.
``(F) Ensuring consistency in misconduct penalty
determinations and an expeditious and fair adjudication
process.
``(G) Building the Transportation Security
Administration's capabilities by managing the
acquisition, testing, deployment, and sustainment of
security technology and other acquisition programs.
``(bb) Office of the Chief Counsel.--
``(1) Establishment.--There is established in the
Transportation Security Administration an Office of the Chief
Counsel (in this subsection referred to as the `Office').
``(2) Chief counsel.--The head of the Office shall be the
Chief Counsel for the Transportation Security Administration,
who shall report to the General Counsel of the Department of
Homeland Security.
``(3) Functions.--The Office shall be responsible for
providing legal advice and services across the Transportation
Security Administration.''.
(b) Section 115.--Subsection (c) of section 115 of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``Under Secretary of
Transportation for security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in paragraph (6), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration''.
(c) Section 40119.--Section 40119 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration'';
(2) in subsection (b)(4)--
(A) by inserting ``of the Federal Aviation
Administration'' after ``Administrator''; and
(B) by inserting ``Federal Aviation'' before
``Administration''; and
(3) in subsection (c), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration''.
(d) Section 44901.--Section 44901 of title 49, United States Code, is
amended--
(1) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Administrator
of the Transportation Security Administration'';
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration'';
(3) by striking ``Assistant Secretary (Transportation
Security Administration)'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(4) by striking ``Assistant Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration''; and
(5) in subsection (d), by striking ``Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation'' each place it
appears and inserting ``the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives''.
(e) Section 44902.--Section 44902 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in subsection (b), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration''.
(f) Section 44903.--Section 44903 of title 49, United States Code, is
amended--
(1) in subsection (b)(1), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(2) in subsection (c)(2)(C), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(3) in subsection (d), in the matter preceding paragraph (1),
by striking ``Secretary of Transportation'' and inserting
``Secretary of Homeland Security'';
(4) in subsection (g)--
(A) in paragraph (1)(A), in the heading, by striking
``Under secretary'' and inserting ``Administrator'';
and
(B) in paragraph (2), by striking ``Under
Secretary's'' each place it appears and inserting
``Transportation Security Administration
Administrator's'';
(5) in subsection (h)--
(A) in paragraph (3), by inserting ``of Homeland
Security'' after ``Secretary'';
(B) in paragraph (6)(C), in the matter preceding
clause (i), by inserting ``of Homeland Security'' after
``Secretary'';
(6) in subsection (i)(l), by striking ``, after receiving the
recommendations of the National Institute of Justice,'';
(7) in subsection (j)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``Under Secretary for
Transportation Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) in the matter following subparagraph
(E), by striking ``Secretary of
Transportation'' and inserting ``Secretary of
Homeland Security''; and
(B) in paragraph (2), by striking ``Secretary of
Transportation'' each place it appears and inserting
``Secretary of Homeland Security'';
(8) in subsection (l)(1), by striking ``Under Secretary for
Border and Transportation Security of the Department of
Homeland Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(9) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Administrator
of the Transportation Security Administration'';
(10) by striking ``Under Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration'';
(11) by striking ``Assistant Secretary of Homeland Security
(Transportation Security Administration)'' each place it
appears and inserting ``Administrator of the Transportation
Security Administration''; and
(12) by striking ``Assistant Secretary'' each place it
appears and inserting ``Administrator of the Transportation
Security Administration''.
(g) Section 44904.--Section 44904 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration'';
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''; and
(3) in subsection (d) by striking ``Assistant Secretary of
Homeland Security (Transportation Security Administration)''
and inserting ``Administrator of the Transportation Security
Administration''.
(h) Section 44905.--Section 44905 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(2) in subsection (b), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(3) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(i) Section 44906.--Section 44906 of title 49, United States Code, is
amended--
(1) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the Transportation
Security Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator''.
(j) Section 44908.--Section 44908 of title 49, United States Code, is
amended by striking ``Secretary of Transportation'' each place it
appears and inserting ``Secretary of Homeland Security''.
(k) Section 44909.--Section 44909 of title 49, United States Code, is
amended--
(1) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''; and
(2) by striking ``the Customs Service'' each place it appears
and inserting ``U.S. Customs and Border Protection''.
(l) Section 44911.--Section 44911 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraphs (1) through (10), by striking
``the'' each place it appears and inserting ``The'';
and
(B) by inserting the following at the end the
following new paragraphs:
``(11) The Coast Guard.
``(12) The Department of Homeland Security.
``(13) The National Geospatial-Intelligence Agency.
``(14) The National Reconnaissance Office.'';
(2) in subsection (b)--
(A) by striking ``Secretary of Transportation'' and
inserting ``Secretary of Homeland Security''; and
(B) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Administrator of the
Transportation Security Administration'';
(3) in subsection (d), by striking ``the Secretary'' and
inserting ``the Secretary of Homeland Security''; and
(4) in subsection (e)--
(A) by striking ``the Secretary'' and inserting ``the
Secretary of Homeland Security''; and
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration''.
(m) Section 44912.--Section 44912 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(B) in paragraph (3), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security'';
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(n) Section 44913.--Section 44913 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Under Secretary
of Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(B) in paragraph (2), by striking ``the Committee on
Transportation and Infrastructure'' and inserting ``the
Committee on Homeland Security'';
(2) in subsection (b), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''; and
(3) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(o) Section 44914.--Section 44914 of title 49, United States Code, is
amended--
(1) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the Transportation
Security Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(p) Section 44915.--Section 44915 of title 49, United States Code, is
amended by striking ``Under Secretary of Transportation for Security''
and inserting ``Administrator of the Transportation Security
Administration''.
(q) Section 44916.--Section 44916 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in subsection (b), by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation Security
Administration''.
(r) Section 44917.--Section 44917 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) in paragraph (2), by inserting ``of Homeland
Security, utilizing a risk-based security
methodology,'' after ``Secretary'';
(2) by striking subsections (b) and (c);
(3) redesignating subsection (d) as subsection (b); and
(4) in subsection (b), as so redesignated--
(A) in paragraph (1), by striking ``Assistant
Secretary for Immigration and Customs Enforcement'' and
inserting ``Administrator of the Transportation
Security Administration''; and
(B) in paragraph (3), by striking ``Assistant
Secretary'' each place it appears and inserting
``Administrator''.
(s) Section 44918.--Section 44918 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(E), by striking ``the Under
Secretary for Border and Transportation Security of the
Department of Homeland Security'' and inserting ``the
Administrator of the Transportation Security
Administration''; and
(B) in paragraphs (5), (6), and (7), by striking
``the Administrator'' each place it appears and
inserting ``the Administrator of the Federal Aviation
Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(t) Section 44919.--Section 44919 of title 49, United States Code, is
amended by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(u) Section 44920.--Section 44920 of title 49, United States Code, is
amended by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(v) Section 44921.--Section 44921 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in subsection (b)(6)--
(A) by inserting ``the Committee on Homeland Security
and'' before ``the Committee on Transportation and
Infrastructure''; and
(B) by inserting ``the Committee on Homeland Security
and Governmental Affairs'' before ``the Committee on
Commerce, Science, and Transportation'';
(3) in subsection (d)(4), by striking ``may,'' and inserting
``may'';
(4) in subsection (i)(2), by striking ``the Under Secretary''
before ``may'';
(5) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''; and
(6) by striking ``Under Secretary's'' each place it appears
and inserting ``Transportation Security Administration
Administrator's''.
(w) Section 44922.--Section 44922 of title 49, United States Code, is
amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(x) Section 44923.--Section 44923 of title 49, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ``the Under Secretary for Border and Transportation
Security of the Department of Homeland Security'' and inserting
``the Administrator of the Transportation Security
Administration'';
(2) in subsection (c), by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''; and
(3) in subsection (d)--
(A) in paragraph (3), in the heading, by striking
``Under secretary'' and inserting ``Administrator'';
and
(B) in paragraph (4), by inserting ``, Homeland
Security,'' before ``and Transportation and
Infrastructure''; and
(4) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(y) Section 44924.--Section 44924 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Under Secretary for Border and
Transportation for Security of the Department of
Homeland Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(B) by striking ``Administrator under'' and inserting
``Administrator of the Federal Aviation Administration
under'';
(2) in each of subsections (b) through (f), by inserting ``of
the Federal Aviation Administration'' after ``Administrator''
each place it appears;
(3) in subsection (g), by inserting ``the Committee on
Homeland Security and'' before ``the Committee on
Transportation and Infrastructure''; and
(4) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(z) Section 44925.--Section 44925 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``Assistant
Security of Homeland Security (Transportation Security
Administration)'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) in paragraph (3), by inserting ``of Homeland
Security'' after ``Secretary''; and
(2) in subsection (d), by striking ``Assistant Secretary''
each place it appears and inserting ``Administrator of the
Transportation Security Administration''.
(aa) Section 44926.--Section 44926 of title 49, United States Code,
is amended--
(1) in subsection (a), by striking ``United States'' and
inserting ``U.S.''; and
(2) in subsection (b)(3)--
(A) in the matter preceding subparagraph (A), by
striking ``an'' and inserting ``a''; and
(B) in subparagraph (B), by striking ``United
States'' and inserting ``U.S.''.
(bb) Section 44927.--Section 44927 of title 49, United States Code,
is amended--
(1) in subsection (a), in the first sentence, by striking
``Veteran'' and inserting ``Veterans''; and
(2) by striking ``Assistant Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration''.
(cc) Section 44933.--Section 44933 of title 49, United States Code,
is amended--
(1) in the heading, by striking ``managers'' and inserting
``directors'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) by striking ``Manager'' and inserting
``Director'';
(B) in the second sentence--
(i) by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation
Security Administration''; and
(ii) by striking the term ``Managers'' each
place it appears and inserting ``Directors'';
and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Manager'' and inserting ``Director''; and
(B) in paragraph (2), by striking ``Under Secretary''
and inserting ``the Administrator of the Transportation
Security Administration''.
(dd) Section 44934.--Section 44934 of title 49, United States Code,
is amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(ee) Section 44935.--Section 44935 of title 49, United States Code,
is amended--
(1) by striking ``Under Secretary of Transportation for
Security'' each place it appears and inserting ``Administrator
of the Transportation Security Administration'';
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration'';
(3) in subsection (e)(2)(A)(ii), by striking ``section
1101(a)(22) of the Immigration and Nationality Act'' and
inserting ``section 101(a)(22) of the Immigration and
Nationality Act''; and
(4) by redesignating the second subsection (i) (relating to
accessibility of computer-based training facilities) as
subsection (k).
(ff) Section 44936.--Section 44936 of title 49, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) by striking ``Under Secretary of
Transportation for Transportation Security,,''
and inserting ``Administrator of the
Transportation Security Administration,''; and
(B) in subparagraphs (B) and (C), by striking ``Under
Secretary of Transportation for Transportation
Security'' each place it appears and inserting
``Administrator of the Transportation Security
Administration'';
(2) in subsection (c)(1), by striking ``Under Secretary's''
and inserting ``Transportation Security Administration
Administrator's''; and
(3) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(gg) Section 44937.--Section 44937 of title 49, United States Code,
is amended by striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the Transportation Security
Administration''.
(hh) Section 44938.--Section 44938 of title 49, United States Code,
is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Secretary of Transportation'' and
inserting ``Secretary of Homeland Security'';
(B) by striking ``the Secretary considers'' and
inserting ``the Secretary of Homeland Security
considers'';
(C) by striking ``The Secretary'' and inserting ``The
Secretary of Homeland Security''; and
(D) by striking ``Under Secretary of Transportation
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(ii) Section 44940.--Section 44940 of title 49, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding paragraph (1), by
striking ``Under Secretary of Transportation for
Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) in subparagraph (F) by striking `` Managers'' and
inserting ``Directors'';
(2) in subsection (e)(1), in the heading, by striking ``Under
secretary'' and inserting ``Administrator''; and
(3) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(jj) Section 44941.--Section 44941 of title 49, United States Code,
is amended by inserting ``the Department of Homeland Security,'' before
``the Department of Transportation''.
(kk) Section 44942.--Section 44942 of title 49, United States Code,
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating paragraph (1) as
subsection (c) and moving such subsection, as
so redesignated, two ems to the left; and
(ii) by redesignating subparagraphs (A) and
(B) as subsections (d) and (e), respectively,
and moving such subsections, as so
redesignated, four ems to the left;
(2) by striking subsections (a) and (b);
(3) by striking subsection (c), as so redesignated;
(4) by redesignating subsections (d) and (e), as so
redesignated, as subsections (a) and (b), respectively;
(5) by striking the term ``the Secretary'' each place it
appears and inserting ``the Secretary of Homeland Security'';
(6) by striking ``Under Secretary for Transportation
Security'' each place it appears and inserting ``Administrator
of the Transportation Security Administration''; and
(7) by striking ``Congress'' and inserting ``the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate''.
(ll) Section 44943.--Section 44943 of title 49, United States Code,
is amended--
(1) in subsection (a), by striking ``The Under Secretary for
Transportation Security'' and inserting ``The Administrator of
the Transportation Security Administration'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``the Secretary'' and
inserting ``the Secretary of Homeland
Security''; and
(ii) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(B) by striking ``the Under Secretary'' each place it
appears and inserting ``the Administrator of the
Transportation Security Administration''; and
(3) in subsection (c), by striking ``the Under Secretary for
Transportation Security'' and inserting ``the Administrator of
the Transportation Security Administration''.
(mm) Section 44944.--Section 44944 of title 49, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``Under Secretary of
Transportation for Transportation Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(2) by striking ``Under Secretary'' each place it appears and
inserting ``Administrator of the Transportation Security
Administration''.
(nn) Section 44945.--Section 44945 of title 49, United States Code,
is amended by striking ``Assistant Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration''.
(oo) Section 44946.--Section 44946 of title 49, United States Code,
is amended--
(1) in subsection (c)(2)(A), by striking ``, but a member may
continue to serve until a successor is appointed'' and
inserting ``but may continue until such time as a successor
member begins serving on the Advisory Committee'';
(2) in subsection (g)--
(A) by striking paragraph (2); and
(B) redesignating paragraph (3) as paragraph (2); and
(3) by striking ``Assistant Secretary'' each place it appears
and inserting ``Administrator of the Transportation Security
Administration''.
(pp) Section 45107.--Section 45107 of title 49, United States Code,
is amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''; and
(2) in subsection (b), by striking the second sentence.
(qq) Clerical Amendments.--The analysis for chapter 449 of title 49,
United States Code, is amended by striking the item relating to section
44933 and inserting the following new item:
``44933. Federal Security Directors.''.
SEC. 503. AMENDMENTS TO THE AVIATION AND TRANSPORTATION SECURITY ACT.
(a) Section 101.--Section 101 of the Aviation and Transportation
Security Act (Public Law 107-71) is amended--
(1) in subsection (c) (5 U.S.C. 5313 note)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraph (1) and (2), respectively; and
(C) in paragraph (1), as so redesignated--
(i) by striking ``Under Secretary'' and
inserting ``Administrator of the Transportation
Security Administration'';
(ii) by striking ``30 percent'' and inserting
``15 percent'';
(iii) by striking ``the Secretary's'' and
inserting ``the Secretary of Homeland
Security's''; and
(iv) by striking ``Under Secretary's'' and
inserting ``Transportation Security
Administration Administrator's''; and
(2) by striking subsection (g) (49 U.S.C. 44901 note).
(b) Section 106.--Section 106 of the Aviation and Transportation
Security Act (49 U.S.C. 44903 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration'';
(B) in paragraph (2)(A), by striking ``Under
Secretary'' each place it appears and inserting
``Administrator''; and
(C) in paragraph (2)(B), in the matter preceding
clause (i), by striking ``Secretary'' and inserting
``Secretary of Homeland Security''; and
(2) in subsection (e), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of
the Transportation Security Administration''.
(c) Section 109.--Section 109 of the Aviation and Transportation
Security Act (49 U.S.C. 114 note) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--The Under
Secretary of Transportation for Security'' and
inserting ``The Administrator of the Transportation
Security Administration'';
(B) in paragraph (4), by--
(i) striking ``medical product'' and
inserting ``liquid or gel medical product or
nourishment and nutrition for infants and
toddlers, including formula, breast milk, and
juice,''; and
(ii) by striking ``the product'' and
inserting ``such product or nourishment or
nutrition''; and
(C) in paragraph (7), by striking ``voice stress
analysis, biometric,'' and inserting ``biometric''; and
(2) by striking subsection (b).
(d) Section 110.--Section 110 of the Aviation and Transportation
Security Act is amended by striking subsections (c) and (d).
(e) Section 111.--Section 111 of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is amended--
(1) in subsection (c)--
(A) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator of the
Transportation Security Administration'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Administrator of the Transportation Security
Administration''; and
(ii) by striking ``Under Secretary'' each
place it appears and inserting
``Administrator''; and
(B) in paragraph (2), by striking ``Under Secretary''
and inserting ``Administrator of the Transportation
Security Administration''.
(f) Section 117.--Section 117 of the Aviation and Transportation
Security Act (49 U.S.C. 44903 note) is amended by striking ``Secretary
of Transportation'' and inserting ``Secretary of Homeland Security''.
(g) Section 132.--Section 132 of the Aviation and Transportation
Security Act is repealed.
(h) Section 135.--Section 135 of the Aviation and Transportation
Security Act is repealed.
(i) Section 137.--Section 137 of the Aviation and Transportation
Security Act (49 U.S.C. 44912 note) is repealed.
(j) Redesignations.--Sections 133, 134, 136, 138, 139, 140, 141, 142,
143, 144, 145, 146, and 147 of the Aviation and Transportation Security
Act are amended by redesignating such sections as sections 132, 133,
134, 135, 136, 137, 138, 139, 140, 141, 142, 143, and 144,
respectively.
SEC. 504. INFORMATION REQUIRED TO BE SUBMITTED TO CONGRESS UNDER THE
STRATEGIC 5-YEAR TECHNOLOGY INVESTMENT PLAN OF THE
TRANSPORTATION SECURITY ADMINISTRATION.
(a) Additional Information Required.--Section 1611 of the Homeland
Security Act of 2002 (6 U.S.C. 563) is amended--
(1) in subsection (g)--
(A) in the matter preceding paragraph (1), by
striking ``biennially'' and inserting ``annually'';
(B) in paragraph (1), by striking ``and'';
(C) in paragraph (2), by striking the period and
inserting ``; and'';
(D) by adding at the end the following new paragraph:
``(3) information about acquisitions completed during the
fiscal year preceding the fiscal year during which the report
is submitted.''; and
(2) by adding at the end the following new subsections:
``(h) Notice of Covered Changes to Plan.--
``(1) Notice required.--The Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives notice of any covered change to the Plan by not
later than 90 days after the date on which the change is made.
``(2) Definition of change.--In this subsection, the term
`covered change' means an increase or decrease in the dollar
amount allocated to the procurement of a technology or an
increase or decrease in the number of a technology.''.
(b) Report on Equipment in Operation Post-life-cycle.--Not later than
90 days after the date of the enactment of this Act, the Administrator
of the Transportation Security Administration shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of Representatives a
report describing any equipment of the Transportation Security
Administration that is in operation after--
(1) the end of the life-cycle of the equipment specified by
the manufacturer of the equipment; or
(2) the end of the useful life projection for the equipment
under the strategic 5-year technology investment plan of the
Transportation Security Administration, as required by section
1611 of the Homeland Security Act of 2002 (6 U.S.C. 563).
(c) Notice to Airports and Airlines.--Upon the enactment of this Act,
the Administrator of the Transportation Security Administration shall
notify airports and airlines of any changes to the 5-year technology
investment plan of the Transportation Security Administration.
SEC. 505. MAINTENANCE OF SECURITY-RELATED TECHNOLOGY.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Maintenance of Security-Related Technology
``SEC. 1621. MAINTENANCE VALIDATION AND OVERSIGHT.
``(a) In General.--Not later than 180 days after the date of the
enactment of this subtitle, the Administrator shall develop and
implement a preventive maintenance validation process for security-
related technology deployed to airports.
``(b) Maintenance by Administration Personnel at Airports.--For
maintenance to be carried out by Administration personnel at airports,
the process referred to in subsection (a) shall include the following:
``(1) Guidance to Administration personnel at airports
specifying how to conduct and document preventive maintenance
actions.
``(2) Mechanisms for the Administrator to verify compliance
with the guidance issued pursuant to paragraph (1).
``(c) Maintenance by Contractors at Airports.--For maintenance to be
carried by a contractor at airports, the process referred to in
subsection (a) shall require the following:
``(1) Provision of monthly preventative maintenance schedules
to appropriate Administration personnel at each airport that
includes information on each action to be completed by
contractor.
``(2) Notification to appropriate Administration personnel at
each airport when maintenance action is completed by a
contractor.
``(3) A process for independent validation by a third party
of contractor maintenance.
``(d) Penalties for Noncompliance.--The Administrator shall require
maintenance contracts for security-related technology deployed to
airports to include penalties for noncompliance when it is determined
that either preventive or corrective maintenance has not been completed
according to contractual requirements and manufacturers'
specifications.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 1616 the following:
``Subtitle C--Maintenance of Security-Related Technology
``Sec. 1621. Maintenance validation and oversight.''.
SEC. 506. TRANSPORTATION SECURITY ADMINISTRATION EFFICIENCY.
(a) Efficiency Review.--Not later than 270 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall conduct and complete a comprehensive, agency-wide
efficiency review of the Administration to identify and effectuate
spending reductions and administrative savings through the streamlining
or restructuring of Administration divisions to make the Administration
more efficient. In carrying out the review under this section, the
Administrator shall consider each of the following:
(1) The elimination of any unnecessarily duplicative or
overlapping programs and initiatives that can be streamlined.
(2) The elimination of any unnecessary or obsolete rules,
regulations, directives, or procedures.
(3) The reduction in overall operating expenses of the
Administration, including costs associated with the number of
personnel, as a direct result of efficiencies gained through
the implementation of risk-based screening or through any other
means as determined by the Administrator.
(4) Any other matters the Administrator determines are
appropriate.
(b) Report to Congress.--Not later than 30 days after the completion
of the efficiency review required under subsection (a), the
Administrator of the Transportation Security Administration shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the results and cost savings expected
to be achieved through such efficiency review.
SEC. 507. TRANSPORTATION SENIOR EXECUTIVE SERVICE ACCOUNTABILITY.
(a) Reduction Plan.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Administrator of the Transportation Security
Administration, shall develop a strategic plan, including a timeline,
to reduce by 20 percent by June 30, 2019, the number of positions at
the Senior Executive Service level at the Administration.
(b) Congressional Review.--Not later than 30 days after the
completion of the Senior Executive Service reduction plan required
under subsection (a), the Administrator of the Transportation Security
Administration shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a copy of such plan.
Subtitle B--Passenger Security and Screening
SEC. 511. DEPARTMENT OF HOMELAND SECURITY TRUSTED TRAVELER PROGRAM
COLLABORATION.
The Secretary of Homeland Security shall continue the review of all
trusted traveler vetting programs carried out by the Department of
Homeland Security using representatives from such programs to make
recommendations on possible efficiencies that could be gained by
integrating requirements and operations and increasing information and
data sharing across programs.
SEC. 512. PRECHECK BIOMETRIC PILOT PROJECT.
Not later than one year after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration (TSA)
shall conduct a pilot project to test a secure, automated, and
biometric-based system at airports to verify the identity of
individuals who are members of TSA PreCheck or another Department of
Homeland Security trusted traveler program that affords TSA expedited
screening. Such system shall be designed to--
(1) improve security while also reducing the need for
security screening personnel to perform identity and travel
document verification for such individuals;
(2) reduce the average wait time of such individuals;
(3) reduce overall operating expenses of the Administration;
(4) be integrated with the Department's watch list and
trusted traveler matching programs; and
(5) be integrated with other technologies to further
facilitate risk-based passenger screening at checkpoints, to
the extent practicable and consistent with security standards.
SEC. 513. IDENTITY AND TRAVEL DOCUMENT VERIFICATION.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Establishment of Screening System for Certain Persons.--Not
later than December 31, 2018, the Administrator of the Transportation
Security Administration shall, subject to the availability of
appropriations, implement an identity and travel document verification
system designed to establish a secure, automated system at all airports
for verifying identity and travel documents of persons seeking entry
into the sterile area of an airport. Such system shall--
``(1) assess the need for security screening personnel to
perform identity and travel document verification for such
passengers, thereby assessing the overall number of such
screening personnel;
``(2) reduce the average wait time of such passengers;
``(3) reduce overall operating expenses of the
Administration;
``(4) be integrated with the Administration's watch list
matching program; and
``(5) be integrated with other technologies to further
facilitate risk-based passenger screening at checkpoints, to
the extent practicable and consistent with security
standards.''.
SEC. 514. COMPUTED TOMOGRAPHY PILOT PROJECT.
Not later than 90 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
conduct a pilot project to test the use of screening equipment using
computed tomography technology to screen baggage at passenger
checkpoints.
SEC. 515. EXPLOSIVES DETECTION CANINE TEAMS FOR AVIATION.
(a) Passenger Screening Teams.--The Administrator of the
Transportation Security Administration shall ensure that by December
31, 2018, at least 300 explosives detection canine teams are dedicated
to passenger screening purposes at airports in the United States at
which the Administration performs, or oversees the implementation and
performance of, security measures, including screening
responsibilities.
(b) Use of Canines to Detect Screening Anomalies.--At airports in the
United States at which--
(1) canine teams trained to screen passengers are available,
and
(2) the Transportation Security Administration has passenger
screening responsibilities,
the Administrator of the Transportation Security Administration may use
such teams to detect screening anomalies.
SEC. 516. STANDARD OPERATING PROCEDURES AT AIRPORT CHECKPOINTS.
(a) Standardization.--The Administrator of the Transportation
Security Administration shall require, to the extent practicable, that
standard operating procedures at airport checkpoints for passengers and
carry-on baggage are carried out in a uniform manner among similarly
situated airports.
(b) Report to Congress.--Not later than 270 days after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on how standard
operating procedures were made uniform in accordance with subsection
(a).
(c) Audits.--Beginning one year after the date of the enactment of
this Act, the Inspector General of the Department of Homeland Security
shall conduct periodic audits of adherence to the standard operating
procedures, as established by the Administrator of the Transportation
Security Administration, under this section of screening personnel at
large, medium, and small airports in diverse geographical areas.
SEC. 517. TRAVELER REDRESS IMPROVEMENT.
(a) Redress Process.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration shall, using existing resources,
systems, and processes, ensure the availability of the
Department of Homeland Security Traveler Redress Inquiry
Program (DHS TRIP) redress process to adjudicate inquiries for
individuals who--
(A) are citizens of the United States or aliens
lawfully admitted for permanent residence;
(B) have filed an inquiry with DHS TRIP after
receiving enhanced screening at an airport passenger
security checkpoint more than three times in any 60-day
period; and
(C) believe they have been wrongly identified as
being a threat to aviation security.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the implementation of the redress process
required under paragraph (1).
(b) Privacy Impact Review and Update.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall review and update
the Privacy Impact Assessment for the Secure Flight programs to
ensure such Assessment accurately reflects the operation of
such programs.
(2) Public dissemination; form.--The Secure Flight Privacy
Impact Assessment review and update required under paragraph
(1) shall be published on a publically-accessible internet
webpage of the Transportation Security Administration and
submitted to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Transportation Security Administration Rule Review and
Notification Process.--
(1) Rule review.--Not later than 60 days after the date of
the enactment of this Act and every 120 days thereafter, the
Assistant Administrator of the Office of Intelligence and
Analysis of the Transportation Security Administration, in
coordination with the entities specified in paragraph (2),
shall conduct a comprehensive review of the Transportation
Security Administration's intelligence-based screening rules.
(2) Notification process.--Not later than 48 hours after
changing, updating, implementing, or suspending a
Transportation Security Administration intelligence-based
screening rule, the Assistant Administrator of the Office of
Intelligence and Analysis of the Transportation Security
Administration shall notify the following entities of any such
change, update, implementation, or suspension, as the case may
be:
(A) The Office of Civil Rights and Liberties,
Ombudsman, and Traveler Engagement of the
Transportation Security Administration.
(B) The Office of Civil Rights and Liberties of the
Department of Homeland Security.
(C) The Office of Chief Counsel of the
Administration.
(D) The Office of General Counsel of the Department.
(E) The Privacy Office of the Administration.
(F) The Privacy Office of the Department.
(G) The Federal Air Marshal Service.
(H) The Traveler Redress Inquiry Program of the
Department.
(d) Federal Air Marshal Service Coordination.--
(1) In general.--The Administrator of the Transportation
Security Administration shall ensure that the Transportation
Security Administration's intelligence-based screening rules
are taken into account for Federal Air Marshal mission
scheduling.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on how the Transportation Security
Administration's intelligence-based screening rules are
incorporated in the risk analysis conducted during the Federal
Air Marshal mission scheduling process.
(e) GAO Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a study on the Transportation Security
Administration's intelligence-based screening rules and the
effectiveness of such rules in identifying and mitigating potential
threats to aviation security. Such study shall also examine
coordination between the Transportation Security Administration, the
Department of Homeland Security, and other relevant partners relating
to changing, updating, implementing, or suspending such rules as
necessary.
SEC. 518. SCREENING IN AREAS OTHER THAN PASSENGER TERMINALS.
The Administrator of the Transportation Security Administration is
authorized to provide screening services to a commercial charter air
carrier in areas other than primary passenger terminals upon the
request of such carrier. A commercial charter air carrier shall direct
any such request to the Federal Security Director for the airport where
such services are requested. A Federal Security Director may elect to
provide screening services if such services are available. The
Administrator shall enter into an agreement with a commercial charter
air carrier for compensation from such carrier requesting the use of
screening services for all reasonable costs in addition to overtime
costs that are incurred in the provision of screening services under
this section.
SEC. 519. FEDERAL AIR MARSHAL SERVICE AGREEMENTS.
(a) Standardization.--Not later than 60 days after the date of the
enactment of the Act, the Administrator of the Transportation Security
Administration shall develop a standard working document that shall be
the basis of all negotiations and agreements that begin after the date
of the enactment of this Act between the United States and foreign
governments or partners regarding Federal Air Marshal coverage of
flights to and from the United States.
(b) Written Agreements.--All agreements between the United States and
foreign governments or partners regarding the presence of Federal Air
Marshals on flights to and from the United States must be written and
signed by the Secretary of Homeland Security or the Secretary's
designee.
(c) Congressional Notification.--The Secretary of Homeland Security
shall transmit to the relevant Congressional committees any agreements
described in subsection (b) within 30 days of such agreement being
signed.
SEC. 520. FEDERAL AIR MARSHAL MISSION SCHEDULING AUTOMATION.
The Administrator of the Transportation Security Administration shall
seek to acquire an automated software capability for the scheduling of
Federal Air Marshal Service missions based on current risk modeling.
SEC. 521. CANINE DETECTION RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Homeland Security shall conduct an
audit of all canine training programs of the Department of Homeland
Security and convene a working group of representatives from all such
programs to make recommendations on possible efficiencies that could be
gained by integrating training standards and facilities.
(b) Canine Staffing Allocation Model.--The Administrator of the
Transportation Security Administration shall develop a staffing
allocation model for canines to determine the optimal number of
passenger screening canines at airports in the United States.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the recommendations required
by subsection (a).
(d) Briefing to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall brief the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of
the Senate on the state of explosives detection canine
production and training in the United States.
(2) Contents.--The briefing required under paragraph (1)
shall include the following:
(A) An analysis of the steps the Transportation
Security Administration may take to foster additional
production of explosives detection canines in the
United States by the private sector.
(B) Perspectives from current explosives detection
canine industry stakeholders regarding the impact of
the Administration's procurement model on business
considerations.
(C) An analysis regarding whether the Administration
effectively communicates canine training guidelines and
testing methodology to the private sector.
(D) The extent to which physical capacity limitations
at current Administration-operated sites hinder the
operations of either the Administration or industry.
SEC. 522. INTERNATIONAL CIVIL AVIATION ORGANIZATION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the United States Ambassador or the Charge
d'Affaires to the United States Mission to the International Civil
Aviation Organization shall pursue improvements to airport security,
including if practicable, introducing a resolution to raise minimum
standards for airport security.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the United States Ambassador or the Charge
d'Affaires to the United States Mission to the International Civil
Aviation Organization shall report to the Committee on Homeland
Security and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, and the Committee on
Commerce, Science, and Transportation of the Senate on the
implementation of subsection (a).
SEC. 523. PASSENGER SECURITY FEE.
The Secretary of Homeland Security is prohibited from incorporating
an increase in the passenger security fee under section 44940 of title
49, United States Code, beyond what is authorized at the time the
annual budget proposal for the Department of Homeland Security is
transmitted to Congress.
SEC. 524. LAST POINT OF DEPARTURE AIRPORT CERTIFICATION.
Subparagraph (B) of section 44907(a)(2) of title 49, United States
Code, is amended by inserting ``, including the screening and vetting
of airport workers'' before the semicolon at the end.
SEC. 525. SECURITY STANDARDS AT FOREIGN AIRPORTS.
Section 44907 of title 49, United States Code, is amended--
(1) in subsections (a) through (d), by striking ``Secretary
of Transportation'' each place it appears and inserting
``Secretary of Homeland Security''; and
(2) in subsection (e), in the matter preceding paragraph
(1)--
(A) by striking ``and 40106(b) of this title, the
Secretary of Transportation, with the approval of the
Secretary of State and without notice or a hearing,
shall'' and inserting ``40106(b), and 41307 of this
title, at the request of the Secretary of Homeland
Security and with the approval of the Secretary of
State and without notice or a hearing, the Secretary of
Transportation shall''; and
(B) by striking ``when the Secretary of
Transportation decides'' and inserting ``when the
Secretary of Homeland Security decides''.
SEC. 526. SECURITY INCIDENT RESPONSE AT AIRPORTS AND SURFACE
TRANSPORTATION HUBS.
The Gerardo Hernandez Airport Security Act of 2015 (Public Law 114-
50; 49 U.S.C. 44903 note) is amended--
(1) in section 3--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``may'' each place it
appears and inserting ``shall'';
(B) by redesignating subsection (c) as subsection
(d); and
(C) by inserting after subsection (b) the following
new subsection:
``(c) Review.--The Administrator of the Transportation Security
Administration shall review the active shooter response guidelines
specified for Department of Homeland Security personnel under this
section and make a recommendation to the Secretary of Homeland Security
to modify such guidelines for personnel who are certified Federal law
enforcement officials and for personnel who are uniformed but unarmed
security officials.''; and
(2) in section 7--
(A) in subsection (b), in the matter preceding
paragraph (1), by striking ``may'' each place it
appears and inserting ``shall'';
(B) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(C) by inserting after subsection (b) the following
new subsection:
``(c) Review.--The Administrator of the Transportation Security
Administration shall review the active shooter response guidelines
specified for Department of Homeland Security personnel under this
section and make a recommendation to the Secretary of Homeland Security
to modify such guidelines for personnel who are certified Federal law
enforcement officials and for personnel who are uniformed but unarmed
security officials.''.
SEC. 527. AIRPORT SECURITY SCREENING OPT-OUT PROGRAM.
Section 44920 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``120'' and
inserting ``90'';
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) Entrance into contract.--The Administrator of
the Transportation Security Administration shall make
best efforts to enter into a contract with a private
screening company to provide screening services at an
airport not later than 180 days after the date of
approval of an application submitted by the operator of
such airport under subsection (a).''; and
(D) in subparagraph (A) of paragraph (4), as so
redesignated, in the matter preceding clause (i), by
striking ``not later than 60 days following the date of
the denial'' and inserting ``immediately upon issuing
the denial''; and
(2) by striking subsection (h) and inserting the following
new subsections:
``(h) Evaluation of Screening Company Proposals for Award.--
Notwithstanding any other provision of law, including title 48 of the
Code of Federal Regulations and the Federal Advisory Committee Act (5
U.S.C. App.), an airport operator that has applied and been approved to
have security screening services carried out by a qualified private
screening company under contract with the Administrator of the
Transportation Security Administration may nominate to the head of the
contracting activity an individual to participate in the evaluation of
proposals for the award of such contract. Any such participation on a
proposal evaluation committee shall be conducted in accordance with the
provisions and restrictions of chapter 21 of title 41, United States
Code.
``(i) Innovative Screening Approaches and Technologies.--The operator
of an airport at which screening services are provided under this
section is encouraged to recommend to the Administrator of the
Transportation Security Administration innovative screening approaches
and technologies. Upon receipt of any such recommendations, the
Administrator, shall review and, if appropriate, test, conduct a pilot
project, and, if appropriate, deploy such approaches and
technologies.''.
SEC. 528. PERSONNEL MANAGEMENT SYSTEM REVIEW.
(a) In General.--Notwithstanding subsection (d) of section 111 of the
Aviation and Transportation Security Act (49 U.S.C. 44935 note), not
later than 30 days after the date of the enactment of this Act, the
Administrator of the Transportation Security Administration shall
convene a working group consisting of representatives of the
Administration and representatives of the labor organization
representing security screening personnel to negotiate reforms to the
Administration's personnel management system, including appeals to the
Merit Systems Protection Board and grievance procedures.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the working group convened under subsection (a) shall
submit to the Administrator of the Transportation Security
Administration and the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing agreed-upon reforms to
the Administration's personnel management system. The Administrator may
implement associated recommendations mutually agreed to by the parties
to such working group before the end of such one year period.
SEC. 529. INNOVATION TASK FORCE.
(a) In General.--The Administrator of the Transportation Security
Administration may establish a task force to collaborate with air
carriers, airport operators, and other aviation security stakeholders
to foster the pursuit of innovations in aviation security prior to the
acquisition process.
(b) Activities.--The task force authorized under subsection (a) may
conduct activities designed to identify and develop an innovative
technology or capability with the potential of enhancing aviation
security, including--
(1) conducting a field demonstration of such a technology or
capability in the airport environment;
(2) gathering performance data from such a demonstration to
inform the acquisition process; and
(3) providing funding and promoting efforts to enable
participation in a demonstration by a small business that has
an innovative technology but does not have adequate resources
to participate.
(c) Composition.--The task force authorized under subsection (a)
shall be--
(1) chaired by the Administrator of the Transportation
Security Administration's designee; and
(2) comprised of representatives appointed by the
Administrator, in consultation with the Chairperson of the
Aviation Security Advisory Committee (established pursuant to
section 44936 of title 49, United States Code), from
appropriate stakeholders from--
(A) within the Administration;
(B) air carriers;
(C) airport operators;
(D) other aviation security stakeholders; and
(E) as appropriate, the Science and Technology
Directorate of the Department of Homeland Security and
any other appropriate component of the Department.
(d) Rule of Construction.--Nothing in this section shall require the
Administrator of the Transportation Security Administration to acquire
an innovative technology or emerging security capability.
(e) Non-applicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the task force authorized under
subsection (a).
SEC. 530. AIRPORT LAW ENFORCEMENT REIMBURSEMENT.
Not later than 120 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the Transportation Security
Administration's law enforcement officer reimbursement program, which
shall include information relating to the following:
(1) The current structure of the program, including how
funding disbursement decisions are made.
(2) An assessment of threats requiring law enforcement
officer response at airports.
(3) The scope of current law enforcement activities covered
under the program, and an assessment of whether such covered
activities should be expanded to reflect emerging threats.
(4) The annual costs to airport authorities for providing law
enforcement for such covered activities at security
checkpoints.
(5) Proposed methodology for funding allocations.
Subtitle C--Transportation Security Screening Personnel Training and
Accountability
SEC. 531. TRANSPORTATION SECURITY TRAINING PROGRAMS.
(a) In General.--Section 44935 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(l) Initial and Recurring Training.--
``(1) In general.--The Administrator of the Transportation
Security Administration shall establish a training program for
new security screening personnel located at the Federal Law
Enforcement Training Center in Glynco, Georgia.
``(2) Recurring training.--Not later than 180 days after the
date of the enactment of this subsection, the Administrator of
the Transportation Security Administration shall establish
recurring training of security screening personnel regarding
updates to screening procedures and technologies, including
methods to identify the verification of false or fraudulent
travel documents, as well as training on emerging threats, in
response to weaknesses identified in covert tests at airports.
The training shall include--
``(A) internal controls for monitoring and
documenting compliance of transportation security
officers with such training requirements; and
``(B) such other matters as identified by the
Administrator with regard to such training.''.
(b) GAO Study.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall report to Congress on the effectiveness of the new security
screening personnel training at Glynco, Georgia, required under
subsection (l) of section 44935 of title 49, United States Code, as
amended by this section.
SEC. 532. ALTERNATE NEW SECURITY SCREENING PERSONNEL TRAINING PROGRAM
COST AND FEASIBILITY STUDY.
Not later than 180 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration shall
conduct a cost and feasibility study of developing a training program
for security screening personnel that will provide such personnel with
an equal level of training as is provided in the training program for
new security screening personnel located at the Federal Law Enforcement
Training Center in Glynco, Georgia, that could be conducted at or
within 50 miles of such security screening personnel's duty station.
Such study should examine the use of online seminar and training
platforms for portions of the training curriculum that are conducive to
such an outcome.
SEC. 533. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY
SCREENERS.
Section 44935 of title 49, United States Code, as amended by this
Act, is further amended by adding at the end the following new
subsection:
``(m) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
``(1) In general.--The Administrator of the Transportation
Security Administration shall ensure, to the greatest extent
practicable, that information concerning a covert test of a
transportation security system to be conducted by a covert
testing office, the Inspector General of the Department of
Homeland Security, or the Government Accountability Office is
not provided to any individual involved in such test prior to
the completion of such test.
``(2) Exceptions.--Notwithstanding paragraph (1)--
``(A) an authorized individual involved in a covert
test of a transportation security system may provide
information concerning such covert test to--
``(i) employees, officers, and contractors of
the Federal Government (including military
personnel);
``(ii) employees and officers of State and
local governments; and
``(iii) law enforcement officials who are
authorized to receive or directed to be
provided such information by the Administrator
of the Transportation Security Administration,
the Inspector General of the Department of
Homeland Security, or the Comptroller General
of the United States, as the case may be; and
``(B) for the purpose of ensuring the security of any
individual in the vicinity of a site at which a covert
test of a transportation security system is being
conducted, an individual conducting such test may
disclose his or her status as an individual conducting
such test to any appropriate individual if a security
screener or other individual who is not a covered
employee identifies the individual conducting such test
as a potential threat.
``(3) Special rules for tsa.--
``(A) Monitoring and security of testing personnel.--
The head of each covert testing office shall ensure
that a person or group of persons conducting a covert
test of a transportation security system for a covert
testing office is accompanied at the site of such test
by a cover team composed of one or more employees of
such covert testing office for the purpose of
monitoring such test and confirming the identity of
personnel involved in such test under subparagraph (B).
``(B) Responsibility of cover team.--Under this
paragraph, a cover team for a covert test of a
transportation security system shall--
``(i) monitor such test; and
``(ii) for the purpose of ensuring the
security of any individual in the vicinity of a
site at which such test is being conducted,
confirm, notwithstanding paragraph (1), the
identity of any individual conducting such test
to any appropriate individual if a security
screener or other individual who is not a
covered employee identifies the individual
conducting such test as a potential threat.
``(C) Aviation screening.--Notwithstanding
subparagraph (A), the Transportation Security
Administration is not required to have a cover team
present during a test of the screening of persons,
carry-on items, or checked baggage at an aviation
security checkpoint at or serving an airport if such
test--
``(i) is approved, in coordination with the
designated security official for the airport
operator by the Federal Security Director for
such airport; and
``(ii) is carried out under an aviation
screening assessment program of the Department
of Homeland Security.
``(D) Use of other personnel.--The Transportation
Security Administration may use employees, officers,
and contractors of the Federal Government (including
military personnel) and employees and officers of State
and local governments or any personnel authorized by
the Federal Security Director to conduct covert tests.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Appropriate individual.--The term `appropriate
individual', as used with respect to--
``(i) a covert test under paragraph (2)(B) of
a transportation security system, means any
individual who the individual conducting such
test determines needs to know his or her status
as an individual conducting such test; or
``(ii) a covert test under paragraph
(3)(B)(i), means any individual who the cover
team monitoring such test determines needs to
know the identity of such cover team.
``(B) Covered employee.--The term `covered employee'
means any individual who receives notice of a covert
test before the completion of a test under paragraph
(2)(B).
``(C) Covert test.--
``(i) In general.--The term `covert test'
means an exercise or activity conducted by a
covert testing office, the Inspector General of
the Department of Homeland Security, or the
Government Accountability Office to
intentionally test, compromise, or circumvent
transportation security systems to identify
vulnerabilities in such systems.
``(ii) Limitation.--Notwithstanding clause
(i), the term `covert test' does not mean an
exercise or activity by an employee or
contractor of the Transportation Security
Administration to test or assess compliance
with relevant regulations.
``(D) Covert testing office.--The term `covert
testing office' means any office of the Transportation
Security Administration designated by the Administrator
of the Transportation Security Administration to
conduct covert tests of transportation security
systems.
``(E) Employee of a covert testing office.--The term
`employee of a covert testing office' means an
individual who is an employee of a covert testing
office or a contractor or an employee of a contractor
of a covert testing office.''.
Subtitle D--Airport Access Controls and Perimeter Security
SEC. 541. REFORMATION OF CERTAIN PROGRAMS OF THE TRANSPORTATION
SECURITY ADMINISTRATION.
(a) Definitions.--In this subtitle:
(1) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the
Senate.
(3) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102 of title 49,
United States Code.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(5) Secured area.--The term ``secured area'' has the meaning
given such term in section 1540.5 of title 49, Code of Federal
Regulations.
(6) Security identification display area.--The term
``Security Identification Display Area'' has the meaning given
such term in section 1540.5 of title 49, Code of Federal
Regulations.
(7) Sterile area.--The term ``sterile area'' has the meaning
given such term in section 1540.5 of title 49, Code of Federal
Regulations.
(b) Cost and Feasibility Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration, in consultation with
the Aviation Security Advisory Committee (established under
section 44946 of title 49, United States Code), shall submit to
the appropriate congressional committees and the Comptroller
General of the United States a cost and feasibility study of a
statistically significant number of Category I, II, III, IV,
and X airports assessing the impact if all employee access
points from non-secured areas to secured areas of such airports
are comprised of the following:
(A) A secure door utilizing card and pin entry or
biometric technology.
(B) Surveillance video recording, capable of storing
video data for at least 30 days.
(C) Advanced screening technologies, including at
least one of the following:
(i) Magnetometer (walk-through or hand-held).
(ii) Explosives detection canines.
(iii) Explosives trace detection.
(iv) Advanced imaging technology.
(v) X-ray bag screening technology.
(2) Contents.--The study required under paragraph (1) shall
include information related to the employee screening costs of
those category I, II, III, IV, and X airports which have
already implemented practices of screening 100 percent of
employees accessing secured areas of airports, including the
following:
(A) Costs associated with establishing an operational
minimum number of employee entry and exit points.
(B) A comparison of estimated costs and effectiveness
associated with implementing the security features
specified in paragraph (1) to--
(i) the Federal Government; and
(ii) airports and the aviation community.
(3) Comptroller general assessment.--
(A) In general.--Upon completion of the study
required under paragraph (1), the Comptroller General
of the United States shall review such study to assess
the quality and reliability of such study.
(B) Assessment.--Not later than 90 days after the
receipt of the study required under paragraph (1), the
Comptroller General of the United States shall report
to the appropriate congressional committees on the
results of the review required under subparagraph (A).
(c) Airport Worker Education and Security Awareness.--
(1) Cooperative efforts to enhance airport security
awareness.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation
Security Administration shall work with air carriers, foreign
air carriers, airport operators, labor unions representing
credentialed employees, and the Aviation Security Advisory
Committee to enhance security awareness of credentialed airport
populations regarding insider threats to aviation security and
recognized practices related to airport access controls.
(2) Credentialing standards.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of
the Transportation Security Administration shall, in
consultation with air carriers, foreign air carriers,
airport operators, labor unions representing
credentialed employees, and the Aviation Security
Advisory Committee, assess credentialing standards,
policies, and practices to ensure that insider threats
to aviation security are adequately addressed.
(B) Report.--Not later than 30 days after completion
of the assessment required under subparagraph (A), the
Administrator of the Transportation Security
Administration shall report to the appropriate
congressional committees on the results of such
assessment.
(3) SIDA, sterile area, and aoa applications.--
(A) Social security numbers required.--Not later than
60 days after the date of the enactment of this Act,
the Administrator of the Transportation Security
Administration shall require the submission of a social
security number for each individual applying for a
Security Identification Display Area, Sterile Area, or
Air Operations Area airport credential to strengthen
security vetting effectiveness. An applicant who does
not provide such applicant's social security number may
be denied such a credential.
(B) Screening notice.--The Administrator of the
Transportation Security Administration shall issue
requirements for airport operators to include in
applications for access to a Security Identification
Display Area, Sterile Area, or Air Operations Area a
notice informing applicants that an employee holding a
credential granting access to such an area may be
screened at any time while gaining access to, working
in, or leaving such an area.
(d) Securing Airport Worker Access.--
(1) In general.--The Administrator of the Transportation
Security Administration shall work with airport operators and
the Aviation Security Advisory Committee to identify advanced
technologies, including biometric identification technologies,
for securing employee access to the secured areas and sterile
areas of airports.
(2) Rap back vetting.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the
Transportation Security Administration shall ensure that all
credentialed aviation worker populations currently requiring a
fingerprint-based criminal record history check are
continuously vetted through the Federal Bureau of
Investigation's Rap Back Service, in order to more rapidly
detect and mitigate insider threats to aviation security.
(3) Insider threat education and mitigation.--Not later than
180 days after the date of the enactment of this Act, the
Administrator of the Transportation Security Administration
shall identify means of enhancing the Transportation Security
Administration's ability to leverage the resources of the
Department of Homeland Security and the intelligence community
to educate Administration personnel on insider threats to
aviation security and how the Administration can better
mitigate such insider threats.
(4) Playbook operations.--The Administrator of the
Transportation Security Administration shall ensure that
Transportation Security Administration-led employee physical
inspection efforts of aviation workers, known as Playbook
operations, are targeted, strategic, and focused on providing
the greatest level of security effectiveness.
(5) Covert testing.--
(A) In general.--The Administrator shall conduct
covert testing of Transportation Security
Administration-led employee inspection operations at
airports and measure existing levels of security
effectiveness. The Administrator of the Transportation
Security Administration shall provide--
(i) the results of such testing to the
airport operator for the airport that is the
subject of any such testing, and, as
appropriate, to air carriers and foreign air
carriers that operate at the airport that is
the subject of such testing; and
(ii) recommendations and technical assistance
for air carriers, foreign air carriers, and
airport operators to conduct their own employee
inspections, as needed.
(B) Annual reporting.--The Administrator of the
Transportation Security Administration shall annually,
for each of fiscal years 2018 through 2022, submit to
the appropriate congressional committees report on the
frequency, methodology, strategy, and effectiveness of
employee inspection operations at airports.
(6) Centralized database.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of the
Transportation Security Administration, in consultation with
the Aviation Security Advisory Committee, shall--
(A) establish a national database of individuals who
have had either their airport or airport operator-
issued badge revoked for failure to comply with
aviation security requirements;
(B) determine the appropriate reporting mechanisms
for air carriers, foreign air carriers, and airport
operators to--
(i) submit to the Administrator data
regarding individuals described in subparagraph
(A); and
(ii) access the database established pursuant
to such subparagraph; and
(C) establish a process to allow individuals whose
names were mistakenly entered into such database to
correct the record and have their names removed from
such database.
(e) Insider Threat Coordination Efforts.--The Department of Homeland
Security is the lead interagency coordinator pertaining to insider
threat investigations and mitigation efforts at airports. The
Department shall make every practicable effort to coordinate with other
relevant Government entities, as well as the security representatives
of air carriers, foreign air carriers, and airport operators, as
appropriate, when undertaking such investigations and efforts.
(f) Airport Task Forces.--The Secretary of Homeland Security is
authorized, through the Director of U.S. Immigration and Customs
Enforcement, to form airport task forces using Homeland Security
Investigations personnel and any other Department of Homeland Security
personnel the Secretary determines necessary. Such airport task forces
shall investigate and mitigate insider threats to aviation security, in
coordination with Federal, State, local, tribal, and territorial law
enforcement partners, as appropriate.
(g) Information Technology Security.--Not later than 90 days after
the date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the appropriate
congressional committees a plan to conduct recurring reviews of the
operational, technical, and management security controls for
Administration information technology systems at airports.
SEC. 542. AIRPORT PERIMETER AND ACCESS CONTROL SECURITY.
(a) Risk Assessments of Airport Security.--
(1) In general.--The Administrator of the Transportation
Security Administration shall--
(A) not later than 120 days after the date of the
enactment of this Act, update the Transportation Sector
Security Risk Assessment (TSSRA) for the aviation
sector; and
(B) not later than 180 days after such date--
(i) update with the latest and most currently
available intelligence information the
Comprehensive Risk Assessment of Perimeter and
Access Control Security (in this section
referred to as the ``Risk Assessment of Airport
Security'') and determine a regular timeframe
and schedule for further updates to such Risk
Assessment of Airport Security; and
(ii) conduct a system-wide assessment of
airport access control points and airport
perimeter security, including cargo facilities.
(2) Contents.--The security risk assessments required under
paragraph (1)(B) shall
(A) include updates reflected in the TSSRA and Joint
Vulnerability Assessment (JVA) findings;
(B) reflect changes to the risk environment relating
to airport access control points and airport
perimeters;
(C) use security breach data for specific analysis of
system-wide trends related to airport access control
points and airport perimeter security to better inform
risk management decisions; and
(D) take into consideration the unique geography of
and current recognized practices used by airports to
mitigate potential vulnerabilities.
(3) Report.--The Administrator of the Transportation Security
Administration shall report to the appropriate congressional
committees, relevant Federal departments and agencies, and
airport operators on the results of the security risk
assessments required under paragraph (1).
(b) Airport Security Strategy Development.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall update the 2012
National Strategy for Airport Perimeter and Access Control
Security (in this section referred to as the ``National
Strategy'').
(2) Contents.--The update to the National Strategy required
under paragraph (1) shall include
(A) information from the Risk Assessment of Airport
Security; and
(B) information on--
(i) airport security-related activities;
(ii) the status of efforts by the
Transportation Security Administration to
address the goals and objectives referred to in
subsection (a);
(iii) finalized outcome-based performance
measures and performance levels for each
relevant activity and goal and objective under
subparagraphs (A) and (B); and
(iv) input from airport operators.
(3) Updates.--Not later than 90 days after the update is
completed under paragraph (1), the Administrator of the
Transportation Security Administration shall implement a
process for determining when additional updates to the strategy
referred to in such subsection are needed.
SEC. 543. EXIT LANE SECURITY.
There is authorized $77,000,000 for each of fiscal years 2018 and
2019 to carry out subsection (n)(1) of section 44903 of title 49,
United States Code.
SEC. 544. REIMBURSEMENT FOR DEPLOYMENT OF ARMED LAW ENFORCEMENT
PERSONNEL AT AIRPORTS.
There is authorized $45,000,000 for each of fiscal years 2018 and
2019 to carry out subsection (h) of section 44901 of title 49, United
States Code.
Subtitle E--Air Cargo Security
SEC. 551. AIR CARGO ADVANCE SCREENING PROGRAM.
(a) In General.--Subtitle B of title IV of the Homeland Security Act
of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the
following new section:
``SEC. 420. AIR CARGO ADVANCE SCREENING PROGRAM.
``(a) In General.--The Secretary, consistent with the requirements of
the Trade Act of 2002 (Public Law 107-210) shall--
``(1) establish an air cargo advance screening program (in
this section referred to as the `ACAS Program') for the
collection by U.S. Customs and Border Protection of advance
electronic information from air carriers and other persons and
governments 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 and
governments at the earliest point practicable prior to loading
of such cargo onto an aircraft destined to or transiting
through the United States;
``(3) establish appropriate communications systems with
freight forwarders, shippers, and air carriers;
``(4) establish a system that will allow freight forwarders,
shippers, and air carriers to provide shipment level data for
air cargo, departing from any location that is inbound to the
United States; and
``(5) coordinate with the Administrator of the Transportation
Security Administration to identify opportunities in which the
information furnished in compliance with the ACAS Program could
be used by the Administrator.
``(b) Inspection of High-risk Cargo.--Under the ACAS Program, the
Secretary shall ensure that all cargo that has been identified as high-
risk is inspected prior to loading of such cargo onto aircraft at the
last point of departure before departing for the United States.
``(c) Consultation.--In carrying out the ACAS Program, the Secretary
shall consult with relevant stakeholders, as appropriate, to ensure
that an operationally feasible and practical approach to the collection
of advance information with respect to cargo on aircraft departing for
the United States recognizes the significant differences among air
cargo business models and modes of transportation.
``(d) Analysis.--The Secretary may analyze the information referred
to in subsection (a) in the Department's automated targeting system and
integrate such information with other intelligence to enhance the
accuracy of the risk assessment process under the ACAS Program.
``(e) No Duplication.--The Secretary shall carry out this section in
a manner that, after the ACAS Program is fully in effect, does not
duplicate other programs or requirements relating to the submission of
air cargo data.
``(f) Consideration of Industry.--In carrying out the ACAS Program,
the Secretary shall--
``(1) take into consideration that the content and timeliness
of the available data may vary among entities in the air cargo
industry and among countries, and shall explore procedures to
accommodate such variations while maximizing the contribution
of such data to the risk assessment process under the ACAS
Program;
``(2) test the business processes, technologies, and
operational procedures required to provide advance information
with respect to cargo on aircraft departing for the United
States, while ensuring delays and other negative impacts on
vital supply chains are minimized; and
``(3) consider the cost, benefit, and feasibility before
establishing any set time period for submission of certain
elements of the data for air cargo under this section in line
with the regulatory guidelines specified in Executive Order
13563, and any successor Executive Order or regulation.
``(g) Guidance.--The Secretary shall provide guidance for
participants in the ACAS Program regarding the requirements for
participation, including requirements for transmitting shipment level
data.
``(h) Use of Data.--The Secretary shall use the data provided under
the ACAS Program for targeting shipments for screening and law
enforcement purposes only.''.
(b) Final Rule.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall issue a
final regulation to implement the ACAS Program under section 420 of the
Homeland Security Act of 2002 (as added by subsection (a) of this
section) to include the electronic transmission to the Department of
Homeland Security of data elements for targeting cargo, including
appropriate security elements of shipment level data, as determined by
the Secretary.
(c) Report.--Not later than 180 days after the date of the
commencement of the ACAS Program under section 420 of the Homeland
Security Act of 2002 (as added by subsection (a) of this section), the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the operational implementation of providing advance information under
the ACAS Program and the value of such information in targeting cargo.
(d) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 419 the following new item:
``Sec. 420. Air cargo advance screening program.''.
SEC. 552. EXPLOSIVES DETECTION CANINE TEAMS FOR AIR CARGO SECURITY.
Section 1307 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end
the following new subsection:
``(h) Explosives Detection Canine Teams for Air Cargo Security.--
``(1) In general.--In order to enhance the screening of air
cargo and ensure that third-party explosives detection canine
assets are leveraged for such purpose, the Administrator shall,
not later than 180 days after the date of the enactment of this
subsection--
``(A) develop and issue standards for the use of such
third-party explosives detection canine assets for the
primary screening of air cargo;
``(B) develop a process to identify qualified non-
Federal entities that will certify canine assets that
meet the standards established by the Administrator
pursuant to subparagraph (A);
``(C) ensure that entities qualified to certify
canine assets shall be independent from entities that
will train and provide canines to end users of such
canine assets;
``(D) establish a system of Transportation Security
Administration audits of the process developed pursuant
to subparagraph (B); and
``(E) provide that canines certified for the primary
screening of air cargo can be used by air carriers,
foreign air carriers, freight forwarders, and shippers.
``(2) Implementation.--Upon completion of the development of
the process under subsection (a), the Administrator shall--
``(A) facilitate the deployment of such assets that
meet the certification standards of the Administration,
as determined by the Administrator;
``(B) make such standards available to vendors
seeking to train and deploy third-party explosives
detection canine assets; and
``(C) ensure that all costs for the training and
certification of canines, and for the use of supplied
canines, are borne by private industry and not the
Federal Government.
``(3) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the
meaning given such term in section 40102 of title 49,
United States Code.
``(B) Foreign air carrier.--The term `foreign air
carrier' has the meaning given such term in section
40102 of title 49, United States Code.
``(C) Third-party explosives detection canine
assets.--The term `third-party explosives detection
canine assets' means any explosives detection canine or
handler not owned or employed, respectively, by the
Administration.''.
Subtitle F--Information Sharing and Cybersecurity
SEC. 561. INFORMATION SHARING AND CYBERSECURITY.
(a) Federal Security Directors.--Section 44933 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Information Sharing.--Not later than one year after the date of
the enactment of this subsection, the Administrator shall--
``(1) require each Federal Security Director of an airport to
meet at least quarterly with the airport director, airport
security coordinator, and law enforcement agencies serving each
such airport to discuss incident management protocols,
including the resolution of screening anomalies at passenger
screening checkpoints; and
``(2) require each Federal Security Director at an airport to
inform, consult, and coordinate, as appropriate, with the
respective airport security coordinator in a timely manner on
security matters impacting airport operations and to establish
and maintain operational protocols with such airport operators
to ensure coordinated responses to security matters.''.
(b) Plan to Improve Information Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Administrator of the Transportation Security
Administration, shall develop a plan to improve intelligence
information sharing with State and local transportation
entities that includes best practices to ensure that the
information shared is actionable, useful, and not redundant.
(2) Contents.--The plan required under subsection (a) shall
include the following:
(A) The incorporation of best practices for
information sharing.
(B) The identification of areas of overlap and
redundancy.
(C) An evaluation and incorporation of stakeholder
input in the development of such plan.
(D) The integration of recommendations of the
Comptroller General of the United States on information
sharing.
(3) Solicitation.--The Administrator shall solicit on an
annual basis input from appropriate stakeholders, including
State and local transportation entities, on the quality and
quantity of intelligence received by such stakeholders relating
to information sharing.
(c) Best Practices Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Administrator of the Transportation Security
Administration, shall establish a mechanism to share with State
and local transportation entities best practices from across
the law enforcement spectrum, including Federal, State, local,
and tribal entities, that relate to employee training, employee
professional development, technology development and
deployment, hardening tactics, and passenger and employee
awareness programs.
(2) Consultation.--The Administrator of the Transportation
Security Administration shall solicit and incorporate
stakeholder input--
(A) in developing the mechanism for sharing best
practices as required under paragraph (1); and
(B) not less frequently than once each year on the
quality and quantity of information such stakeholders
receive through the mechanism established under such
subsection.
(d) Cybersecurity.--
(1) In general.--The Secretary of Homeland Security shall--
(A) not later than 120 days after the date of the
enactment of this Act, develop and implement a
cybersecurity risk assessment model for aviation
security, consistent with the National Institute of
Standards and Technology Framework for Improvement
Critical Infrastructure Cybersecurity and any update to
such Framework pursuant to section 2 of the National
Institute of Standards and Technology Act (15 U.S.C.
272), to evaluate current and future cybersecurity
risks;
(B) evaluate, on a periodic basis, but not less often
than once every two years, the effectiveness of the
cybersecurity risk assessment model under subparagraph
(A);
(C) seek to ensure participation of at least one
information sharing and analysis organization (as such
term is defined in section 212 of the Homeland Security
Act of 2002 (6 U.S.C. 131)) representing the aviation
community in the national cybersecurity and
communications integration center, pursuant to
subsection (d)(1)(B) of section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148);
(D) establish guidelines for voluntary reporting of
aviation-related cybersecurity risks and incidents to
the national cybersecurity and communications
integration center under section 227 of the Homeland
Security Act of 2002, and other appropriate Federal
agencies; and
(E) request the Aviation Security Advisory Committee
established pursuant to section 44946 of title 49,
United States Code, to report and make recommendations
to the Secretary on enhancing the sharing of
information related to aviation-related cybersecurity
risks and incidents between relevant Federal, state,
local, tribal, and territorial entities and the
aviation stakeholder community.
(2) Cybersecurity enhancements to aviation security
activities.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall--
(A) direct the sharing of information concerning
cybersecurity risks and incidents to address aviation-
specific risks; and
(B) upon request, conduct cybersecurity vulnerability
assessments for airports and air carriers.
(3) TSA database cyber assessment.--
(A) Assessment required.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary of Homeland Security shall evaluate the
cybersecurity of the Transportation Security
Administration databases for trusted traveler and
credentialing programs that contain personal
information of specific individuals or information that
identifies specific individuals, including the
Transportation Worker Identification Credential and
Pre-Check trusted traveler programs, and the means for
transmission of data to and from such databases and
develop information on any identified cybersecurity
vulnerabilities and remediation plans to address such
vulnerabilities;
(B) Submission to congress.--Not later than 30 days
after the completion of the evaluation required under
subparagraph (A), the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate information relating
to such evaluation. Such submission shall be provided
in a classified form.
(C) Submission of supplementary information.--Not
later than 90 days after the completion of such
evaluation, the Secretary shall submit to the Committee
on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate supplementary information
relating to such evaluation, including information
relating to any identified cybersecurity
vulnerabilities and remediation plans to address such
vulnerabilities. Such submission shall be provided in a
classified form.
(4) Definitions.--In this subsection, the terms
``cybersecurity risk'' and ``incident'' have the meanings given
such terms in section 227 of the Homeland Security Act of 2002.
Subtitle G--Surface Transportation Security
SEC. 571. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Explosives detection canine team.--The term ``explosives
detection canine team'' means a canine and a canine handler
trained to detect explosives and other threats as determined by
the Secretary.
(3) Risk.--The term ``risk'' means the potential for an
unwanted outcome resulting from an accident, event, or
occurrence, as determined by its likelihood and the associated
consequences.
(4) Threat.--The term ``threat'' means an individual, entity,
action, or natural or manmade occurrence that has or indicates
the potential to harm life, information, operations, the
environment, or property.
(5) Vulnerability.--The term ``vulnerability'' means a
physical feature or operational attribute that renders an
entity open to exploitation or susceptible to a given hazard.
SEC. 572. SURFACE TRANSPORTATION SECURITY ASSESSMENT AND IMPLEMENTATION
OF RISK-BASED STRATEGY.
(a) Security Assessment.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall complete an assessment of the vulnerabilities of and
risks to surface transportation systems, including findings
from similar vulnerability analyses completed within three
years of the date of the enactment of this Act.
(2) Considerations.--In conducting the security assessment
under paragraph (1), the Secretary of Homeland Security shall,
at a minimum--
(A) consider appropriate intelligence;
(B) consider security breaches and attacks at
domestic and international transportation facilities;
(C) consider the vulnerabilities and risks associated
with specific modes of surface transportation systems;
(D) evaluate the vetting and security training of--
(i) employees in surface transportation
systems; and
(ii) other individuals with access to
sensitive or secure areas of transportation
systems; and
(E) consider input from--
(i) representatives of different modes of
surface transportation systems;
(ii) subject to paragraph (3)--
(I) critical infrastructure entities;
and
(II) the Transportation Systems
Sector Coordinating Council; and
(iii) the heads of other relevant Federal
departments or agencies.
(b) Risk-based Security Strategy.--
(1) In general.--Not later than 180 days after the date the
security assessment under subsection (a) is complete, the
Secretary of Homeland Security shall use the results of such
assessment--
(A) to develop and implement a cross-cutting, risk-
based security strategy that includes--
(i) all surface transportation systems;
(ii) a mitigating strategy that aligns with
each vulnerability and risk identified in
subsection (a);
(iii) a planning process to inform resource
allocation;
(iv) priorities, milestones, and performance
metrics to measure the effectiveness of such
risk-based security strategy; and
(v) processes for sharing relevant and timely
intelligence threat information with
appropriate stakeholders;
(B) to develop a management oversight strategy that--
(i) identifies the parties responsible for
the implementation, management, and oversight
of the risk-based security strategy under
subparagraph (A); and
(ii) includes a plan for implementing such
risk-based security strategy; and
(C) to modify the risk-based budget and resource
allocations, in accordance with section 573(c), for the
Transportation Security Administration.
(2) Coordinated approach.--In developing and implementing the
risk-based security strategy under paragraph (1)(A), the
Secretary of Homeland Security shall coordinate with the heads
of other relevant Federal departments or agencies, and
stakeholders, as appropriate--
(A) to evaluate existing surface transportation
security programs, policies, and initiatives, including
the explosives detection canine teams, for consistency
with the risk-based security strategy and, to the
extent practicable, avoid any unnecessary duplication
of effort;
(B) to determine the extent to which stakeholder
security programs, policies, and initiatives address
the vulnerabilities and risks to surface transportation
systems identified in subsection (a); and
(C) subject to subparagraph (B), to mitigate each
such vulnerability and risk.
(c) Report.--
(1) In general.--Not later than one year after the date the
security assessment under subsection (a) is complete, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees and the Inspector General of the
Department of Homeland Security a report that--
(A) describes the process used to complete such
security assessment;
(B) describes the process used to develop the risk-
based security strategy under subsection (b)(1)(A);
(C) describes such risk-based security strategy;
(D) includes the management oversight strategy under
subsection (b)(1)(B);
(E) includes--
(i) the findings of such security assessment;
(ii) a description of the actions recommended
or taken by the Department or another Federal
department or agency to mitigate the
vulnerabilities and risks identified in
subsection (a);
(iii) any recommendations for improving the
coordinated approach to mitigating
vulnerabilities and risks to surface
transportation systems; and
(iv) any recommended changes to the National
Infrastructure Protection Plan developed
pursuant to Homeland Security Presidential
Directive-7, the modal annexes to such plan, or
relevant surface transportation security
programs, policies, or initiatives; and
(F) may contain a classified annex.
(2) Protections.--In preparing the report required under
paragraph (1), the Secretary of Homeland Security shall take
appropriate actions to safeguard information described by
section 552(b) of title 5, United States Code, or protected
from disclosure by any other law of the United States.
(d) Updates.--Not less frequently than semiannually, the Secretary of
Homeland Security shall report to or brief the appropriate
congressional committees on the vulnerabilities of and risks to surface
transportation systems and how such vulnerabilities and risks affect
the risk-based security strategy under subsection (b)(1)(A).
SEC. 573. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.
(a) Report.--In conjunction with the submission of the Department's
annual budget request to the Office of Management and Budget, the
Administrator of the Transportation Security Administration shall
submit to the appropriate congressional committees a report that
describes a risk-based budget and resource allocation plan for surface
transportation sectors, within and across modes, that--
(1) reflects the risk-based security strategy under section
572(b)(1)(A); and
(2) is organized by appropriations account, program, project,
and initiative.
(b) Budget Transparency.--Subsection (a) of section 1105 of title 31,
United States Code, is amended by adding at the end the following new
paragraph:
``(40) a separate statement clearly distinguishing the
resources requested for surface transportation security from
the resources requested for aviation security.''.
(c) Resource Reallocation.--
(1) In general.--Not later than 15 days after the date on
which the Transportation Security Administration allocates any
resources or personnel, including personnel sharing, detailing,
or assignment, or the use of facilities, technology systems, or
vetting resources, for a non-transportation security purpose or
National Special Security Event (as defined in section 2001 of
Homeland Security Act of 2002 (6 U.S.C. 601)), the Secretary of
Homeland Security shall provide to the appropriate
congressional committees the notification described in
paragraph (2).
(2) Notification.--A notification described in this paragraph
shall include--
(A) the reason for and a justification of the
resource or personnel allocation at issue;
(B) the expected end date of such resource or
personnel allocation; and
(C) the projected cost to the Transportation Security
Administration of such personnel or resource
allocation.
SEC. 574. SURFACE TRANSPORTATION SECURITY MANAGEMENT AND INTERAGENCY
COORDINATION REVIEW.
(a) Review.--Not later than one year after the date of the enactment
of this Act, the Comptroller General of the United States shall--
(1) review the staffing, budget, resource, and personnel
allocation, and management oversight strategy of the
Transportation Security Administration's surface transportation
security programs;
(2) review the coordination between relevant entities of
leadership, planning, policy, inspections, and implementation
of security programs relating to surface transportation to
reduce redundancy and regulatory burden; and
(3) submit to the appropriate congressional committees a
report on the findings of the reviews under paragraphs (1) and
(2), including any recommendations for improving coordination
between relevant entities and reducing redundancy and
regulatory burden.
(b) Relevant Entities Defined.--In this section, the term ``relevant
entities'' means--
(1) the Transportation Security Administration;
(2) other Federal, State, or local departments or agencies
with jurisdiction over a mode of surface transportation;
(3) critical infrastructure entities;
(4) the Transportation Systems Sector Coordinating Council;
and
(5) relevant stakeholders.
SEC. 575. TRANSPARENCY.
(a) Regulations.--Not later than 180 days after the date of the
enactment of this Act and every 180 days thereafter, the Administrator
of the Transportation Security Administration shall make available
through a public website information regarding the status of each
regulation relating to surface transportation security that is directed
by law to be issued but that has not been issued if more than two years
have passed since the date of enactment of each such law.
(b) Inspector General Review.--Not later than 180 days after the date
of the enactment of this Act and every two years thereafter until all
of the requirements under titles XIII, XIV, and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et
seq.) and under this Act have been fully implemented, the Inspector
General of the Department of Homeland Security shall submit to the
appropriate congressional committees a report that--
(1) identifies the requirements under such titles of such Act
and under this Act that have not been fully implemented;
(2) describes what, if any, additional action is necessary;
and
(3) includes recommendations regarding whether any of such
requirements should be amended or repealed.
SEC. 576. TSA COUNTERTERRORISM ASSET DEPLOYMENT.
(a) In General.--The Administrator of the Transportation Security
Administration is authorized to maintain 30 Visible Intermodal
Prevention and Response (VIPR) teams for deployment, at the request of
and in collaboration with Federal, State, and local transportation
stakeholders, to prevent and deter acts of terrorism against United
States transportation systems and for other counterterrorism purposes.
Starting in January 2019 and for five years thereafter, the
Administrator shall annually assess whether the number of VIPR teams is
adequate to respond to requests for collaboration from Federal, State,
and local transportation stakeholders and to carry out counterterrorism
activities with respect to United States transportation systems.
(b) Congressional Notification.--If the Administrator of the
Transportation Security Administration determines that the number of
VIPR teams should be reduced below 30, the Administrator shall notify
the Committee on Homeland Security of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
not later than 90 days prior to such a determination.
(c) Report to Congress.--Not later than 60 days after the development
and implementation of the performance measures and objectives required
under subsection (f), the Administrator of the Transportation Security
Administration shall report to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the appropriate number of VIPR
teams needed by the Administration.
(d) Stakeholder Notification.--If the Transportation Security
Administration deploys any counterterrorism personnel or resource, such
as explosive detection assets, property inspections, or patrols by VIPR
teams, to enhance security at a surface transportation system or
surface transportation facility for a period of not less than 180
consecutive days, the Administrator shall provide sufficient
notification to the system or facility operator, as applicable, not
less than 14 days prior to terminating the deployment.
(e) Exception.--Subsection (d) shall not apply if the Administrator
of the Transportation Security Administration--
(1) determines there is an urgent security need for the
personnel or resource described in such subsection; and
(2) notifies the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(f) VIPR Teams.--Section 1303 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is amended--
(1) in subsection (a)(4), by striking ``team,'' and inserting
``team as to specific locations and times within the facilities
of such entities at which VIPR teams are to be deployed to
maximize the effectiveness of such deployment,''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Performance Measures.--Not later than one year after the date
of the enactment of this subsection, the Administrator shall develop
and implement a system of qualitative performance measures and
objectives by which to assess the roles, activities, and effectiveness
of VIPR team operations on an ongoing basis, including a mechanism
through which the transportation entities referred to in subsection
(a)(4) may submit feedback on VIPR team operations involving their
systems or facilities.
``(c) Plan.--Not later than one year after the date of the enactment
of this section, the Administrator shall develop and implement a plan
for ensuring the interoperability of communications among VIPR team
participants and between VIPR teams and any transportation entities
with systems or facilities that are involved in VIPR team operations.
Such plan shall include an analysis of the costs and resources required
to carry out such plan.''.
SEC. 577. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 44947. Surface Transportation Security Advisory Committee
``(a) Establishment.--The Administrator of the Transportation
Security Administration (referred to in this section as the
`Administrator') shall establish within the Transportation Security
Administration the Surface Transportation Security Advisory Committee
(referred to in this section as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise, consult
with, report to, and make recommendations to the Administrator
on surface transportation security matters, including the
development, refinement, and implementation of policies,
programs, initiatives, rulemakings, and security directives
pertaining to surface transportation security.
``(2) Risk-based security.--The Advisory Committee shall
consider risk-based security approaches in the performance of
its duties.
``(c) Membership.--
``(1) Composition.--The Advisory Committee shall be composed
of--
``(A) voting members appointed by the Administrator
under paragraph (2); and
``(B) nonvoting members, serving in an advisory
capacity, who shall be designated by--
``(i) the Transportation Security
Administration;
``(ii) the Department of Transportation; and
``(iii) such other Federal department or
agency as the Administrator considers
appropriate.
``(2) Appointment.--The Administrator shall appoint voting
members from among stakeholders representing each mode of
surface transportation, such as passenger rail, freight rail,
mass transit, pipelines, highways, over-the-road bus, and
trucking, including representatives from--
``(A) associations representing such modes of surface
transportation;
``(B) labor organizations representing such modes of
surface transportation;
``(C) groups representing the users of such modes of
surface transportation, including asset manufacturers,
as appropriate;
``(D) relevant law enforcement, first responders, and
security experts; and
``(E) such other groups as the Administrator
considers appropriate.
``(3) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
``(4) Term of office.--
``(A) Terms.--
``(i) In general.--The term of each voting
member of the Advisory Committee shall be two
years, but a voting member may continue to
serve until the Administrator appoints a
successor.
``(ii) Reappointment.--A voting member of the
Advisory Committee may be reappointed.
``(B) Removal.--
``(i) In general.--The Administrator may
review the participation of a member of the
Advisory Committee and remove such member for
cause at any time.
``(ii) Access to certain information.--The
Administrator may remove any member of the
Advisory Committee who the Administrator
determines should be restricted from reviewing,
discussing, or possessing classified
information or sensitive security information.
``(5) Prohibition on compensation.--The members of the
Advisory Committee may not receive any compensation from the
Government by reason of their service on the Advisory
Committee.
``(6) Meetings.--
``(A) In general.--The Advisory Committee shall meet
at least semiannually in person or through web
conferencing, and may convene additional meetings as
necessary.
``(B) Public meetings.--At least one of the meetings
of the Advisory Committee each year shall be--
``(i) announced in the Federal Register;
``(ii) announced on a public website; and
``(iii) open to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(D) Minutes.--
``(i) In general.--Unless otherwise
prohibited by Federal law, minutes of the
meetings of the Advisory Committee shall be
published on the public website under
subsection (e)(5).
``(ii) Protection of classified and sensitive
information.--The Advisory Committee may redact
or summarize, as necessary, minutes of the
meetings to protect classified information or
sensitive security information in accordance
with law.
``(7) Voting member access to classified information and
sensitive security information.--
``(A) Determinations.--Not later than 60 days after
the date on which a voting member is appointed to the
Advisory Committee but before such voting member may be
granted any access to classified information or
sensitive security information, the Administrator shall
determine if such voting member should be restricted
from reviewing, discussing, or possessing classified
information or sensitive security information.
``(B) Access.--
``(i) Sensitive security information.--If a
voting member is not restricted from reviewing,
discussing, or possessing sensitive security
information under subparagraph (A) and
voluntarily signs a nondisclosure agreement,
such voting member may be granted access to
sensitive security information that is relevant
to such voting member's service on the Advisory
Committee.
``(ii) Classified information.--Access to
classified materials shall be managed in
accordance with Executive Order 13526 of
December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive order.
``(C) Protections.--
``(i) Sensitive security information.--Voting
members shall protect sensitive security
information in accordance with part 1520 of
title 49, Code of Federal Regulations.
``(ii) Classified information.--Voting
members shall protect classified information in
accordance with the applicable requirements for
the particular level of classification of such
information.
``(8) Joint committee meetings.--The Advisory Committee may
meet with one or more of the following advisory committees to
discuss multimodal security issues and other security-related
issues of common concern:
``(A) Aviation Security Advisory Committee,
established under section 44946 of title 49, United
States Code.
``(B) Maritime Security Advisory Committee,
established under section 70112 of title 46, United
States Code.
``(C) Railroad Safety Advisory Committee, established
by the Federal Railroad Administration.
``(9) Subject matter experts.--The Advisory Committee may
request the assistance of subject matter experts with expertise
related to the jurisdiction of the Advisory Committee.
``(d) Reports.--
``(1) Periodic reports.--The Advisory Committee shall
periodically submit to the Administrator reports on matters
requested by the Administrator or by a majority of the members
of the Advisory Committee.
``(2) Annual report.--
``(A) Submission.--The Advisory Committee shall
submit to the Administrator and the Committee on
Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that
provides information on the activities, findings, and
recommendations of the Advisory Committee during the
preceding year.
``(B) Publication.--Not later than six months after
the date that the Administrator receives an annual
report under subparagraph (A), the Administrator shall
publish a public version of such report, in accordance
with section 552a(b) of title 5, United States Code.
``(e) Administration Response.--
``(1) Consideration.--The Administrator shall consider the
information, advice, and recommendations of the Advisory
Committee in formulating policies, programs, initiatives,
rulemakings, and security directives pertaining to surface
transportation security efforts.
``(2) Feedback.--Not later than 90 days after the date that
the Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2), the Administrator shall
submit to the Advisory Committee written feedback on such
recommendation, including--
``(A) if the Administrator agrees with such
recommendation, a plan describing the actions that the
Administrator has taken, will take, or recommends that
the head of another Federal department or agency take
to implement such recommendation; or
``(B) if the Administrator disagrees with such
recommendation, a justification for such disagreement.
``(3) Notices.--Not later than 30 days after the date the
Administrator submits feedback under paragraph (2), the
Administrator shall--
``(A) notify the Committee on Homeland Security and
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of
the Senate of such feedback, including the agreement or
disagreement under subparagraph (A) or subparagraph (B)
of such paragraph, as applicable; and
``(B) provide the committees specified in
subparagraph (A) with a briefing upon request.
``(4) Updates.--Not later than 90 days after the date the
Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2) that the Administrator agrees
with, and quarterly thereafter until such recommendation is
fully implemented, the Administrator shall submit to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report or post on the public
website under paragraph (5) an update on the status of such
recommendation.
``(5) Website.--The Administrator shall maintain a public
website that--
``(A) lists the members of the Advisory Committee;
``(B) provides the contact information for the
Advisory Committee; and
``(C) information relating to meetings, minutes,
annual reports, and the implementation of
recommendations under this section.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee or any
subcommittee established under this section.''.
(b) Advisory Committee Members.--
(1) Voting members.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the
Transportation Security Administration shall appoint the voting
members of the Surface Transportation Security Advisory
Committee established under section 44947 of title 49, United
States Code, as added by subsection (a) of this section.
(2) Nonvoting members.--Not later than 90 days after the date
of the enactment of this Act, each Federal Government
department and agency with regulatory authority over a mode of
surface transportation, as the Administrator of the
Transportation Security Administration considers appropriate,
shall designate an appropriate representative to serve as a
nonvoting member of the Surface Transportation Security
Advisory Committee.
(c) Clerical Amendment.--The analysis for chapter 449 of title 49,
United States Code, is amended by inserting after the item relating to
section 44946 the following new item:
``44947. Surface Transportation Security Advisory Committee.''.
SEC. 578. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM PROGRAM.
(a) In General.--Not later than 90 days after the date that the
Inspector General of the Department of Homeland Security receives the
report under section 572(c), the Inspector General shall--
(1) review the explosives detection canine team program of
the Department, including--
(A) the development by the Transportation Security
Administration of a deployment strategy for explosives
detection canine teams;
(B) the national explosives detection canine team
training program, including canine training, handler
training, refresher training, and updates to such
training; and
(C) the use of the canine assets during an urgent
security need, including the reallocation of such
program resources outside the transportation systems
sector during an urgent security need; and
(2) submit to the appropriate congressional committees a
report on such review, including any recommendations.
(b) Considerations.--In conducting the review of the deployment
strategy under subsection (a)(1)(A), the Inspector General of the
Department of Homeland Security shall consider whether the
Transportation Security Administration's method to analyze the risk to
transportation facilities and transportation systems is appropriate.
SEC. 579. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE TEAM
PROGRAM.
(a) In General.--The Secretary of Homeland Security, where
appropriate, shall encourage State, local, and tribal governments and
private owners of high-risk transportation facilities to strengthen
security through the use of explosives detection canine teams.
(b) Increased Capacity.--
(1) In general.--Before the date the Inspector General of the
Department of Homeland Security submits the report under
section 578, the Administrator of the Transportation Security
Administration may increase the number of State and local
surface and maritime transportation explosives detection canine
teams by not more than 70 such teams.
(2) Additional teams.--Beginning on the date the Inspector
General of the Department of Homeland Security submits the
report under section 578, the Secretary of Homeland Security
may increase the State and local surface and maritime
transportation explosives detection canine teams by not more
than 200 such teams unless more of such teams are needed as
identified in the risk-based security strategy under section
572(b)(1)(A), consistent with section 573 or with the
President's most recent budget submitted under section 1105 of
title 31, United States Code.
(3) Recommendations.--Before initiating any increase in the
number of explosives detection teams under paragraph (2), the
Secretary of Homeland Security shall consider any
recommendations in the report under section 578 on the efficacy
and management of the explosives detection canine program of
the Department of Homeland Security.
(c) Deployment.--The Secretary of Homeland Security shall--
(1) use any additional explosives detection canine teams, as
described in subsection (b)(1), as part of the Department of
Homeland Security's efforts to strengthen security across the
Nation's surface and maritime transportation systems;
(2) make available explosives detection canine teams to all
modes of transportation, subject to the requirements under
section 576, to address specific vulnerabilities or risks, on
an as-needed basis and as otherwise determined appropriate by
the Secretary; and
(3) consider specific needs and training requirements for
explosives detection canine teams to be deployed across the
Nation's surface and maritime transportation systems, including
in venues of multiple modes of transportation, as the Secretary
considers appropriate.
SEC. 580. EXPLOSIVE DETECTION TECHNOLOGY.
The Secretary of Homeland Security shall prioritize the research and
facilitation of next generation technologies to detect explosives in
the Nation's surface transportation systems.
SEC. 581. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR UNITED
STATES AND FOREIGN PASSENGER TRANSPORTATION
SYSTEMS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of how the Transportation Security Administration--
(1) identifies and compares--
(A) United States and foreign passenger
transportation system security standards; and
(B) best practices for protecting passenger
transportation systems, including shared terminal
facilities, and cyber systems; and
(2) disseminates to stakeholders the findings under paragraph
(1).
(b) Report.--Not later than 18 months after the date of the enactment
of this Act, the Comptroller General of the United States shall issue a
report that contains--
(1) the findings of the study conducted under subsection (a);
and
(2) any recommendations for improving relevant processes or
procedures.
SEC. 582. AMTRAK SECURITY UPGRADES.
(a) Railroad Security Assistance.--Subsection (b) of section 1513 of
the Implementing Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1163) is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, including communications
interoperability where appropriate with relevant outside
agencies and entities'';
(2) in paragraph (5), by striking ``security of'' and
inserting ``security and preparedness of'';
(3) in paragraph (7), by striking ``security threats'' and
inserting ``security threats and preparedness, including
connectivity to the National Terrorist Screening Center''; and
(4) in paragraph (9), by striking ``and security officers''
and inserting ``, security, and preparedness officers''.
(b) Specific Projects.--Subsection (a)(3) of section 1514 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1164) is amended--
(1) in subparagraph (D) by inserting before the semicolon at
the end the following: ``, or to connect to the National
Terrorism Screening Center watchlist'';
(2) in subparagraph (G), by striking ``and'' after the
semicolon;
(3) in subparagraph (H) by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(I) for improvements to passenger verification
systems;
``(J) for improvements to employee and contractor
verification systems, including identity verification
technology; or
``(K) for improvements to the security of Amtrak
computer systems, including cybersecurity assessments
and programs.''.
SEC. 583. STUDY ON SURFACE TRANSPORTATION INSPECTORS.
Not later than 180 days after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
appropriate congressional committees a report that--
(1) identifies any duplication or redundancy between the
Transportation Security Administration and the Department of
Transportation relating to surface transportation security
inspections or oversight; and
(2) provides recommendations, if any, relating to--
(A) improvements to the surface transportation
security inspectors program, including--
(i) changes in organizational and supervisory
structures;
(ii) coordination procedures to enhance
consistency; and
(iii) effectiveness in inspection and
compliance activities; and
(B) whether each transportation mode needs inspectors
trained and qualified for each such specific mode.
SEC. 584. SECURITY AWARENESS PROGRAM.
(a) Establishment.--The Administrator of the Transportation Security
Administration shall establish a program to promote surface
transportation security through the training of surface transportation
operators and frontline employees on each of the skills identified in
subsection (c).
(b) Application.--The program established under subsection (a) shall
apply to all modes of surface transportation, including public
transportation, rail, highway, motor carrier, and pipeline.
(c) Training.--The program established under subsection (a) shall
cover, at a minimum, the skills necessary to observe, assess, and
respond to suspicious items or actions that could indicate a threat to
transportation.
(d) Assessment.--
(1) In general.--The Administrator of the Transportation
Security Administration shall conduct an assessment of current
training programs for surface transportation operators and
frontline employees.
(2) Contents.--The assessment under paragraph (1) shall
identify--
(A) whether other training is being provided, either
voluntarily or in response to other Federal
requirements; and
(B) whether there are any gaps in existing training.
(e) Updates.--The Administrator of the Transportation Security
Administration shall ensure the program established under subsection
(a) is updated as necessary to address changes in risk and terrorist
methods and to close any gaps identified in the assessment under
subsection (d).
(f) Suspicious Activity Reporting.--
(1) In general.--The Secretary of Homeland Security shall
ensure there exists a national mechanism for an individual to
use to report to the Department of Homeland Security suspicious
activity in transportation systems.
(2) Procedures.--The Secretary of Homeland Security shall
establish procedures for the Department of Homeland Security--
(A) to review and follow-up, as necessary, on each
report received under paragraph (1); and
(B) to share, as necessary and in accordance with
law, such reports with appropriate Federal, State,
local, and tribal entities.
(3) Rule of construction.--Nothing in this section may be
construed to--
(A) replace or affect in any way the use of 9-1-1
services in an emergency; or
(B) replace or affect in any way the security
training program requirements specified in sections
1408, 1517, and 1534 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1137, 1167, and 1184; Public Law 110-53).
(g) Frontline Employee Defined.--In this section, the term
``frontline employee'' includes--
(1) an employee of a public transportation agency who is a
transit vehicle driver or operator, dispatcher, maintenance and
maintenance support employee, station attendant, customer
service employee, security employee, or transit police, or any
other employee who has direct contact with riders on a regular
basis, and any other employee of a public transportation agency
that the Administrator of the Transportation Security
Administration determines should receive security training
under this section or who is receiving security training under
other law;
(2) over-the-road bus drivers, security personnel,
dispatchers, maintenance and maintenance support personnel,
ticket agents, other terminal employees, and other employees of
an over-the-road bus operator or terminal owner or operator who
the Administrator determines should receive security training
under this section or who is receiving security training under
other law; or
(3) security personnel, dispatchers, locomotive engineers,
conductors, trainmen, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, and any other
employees of railroad carriers who the Administrator determines
should receive security training under this section or who is
receiving security training under other law.
SEC. 585. VOLUNTARY USE OF CREDENTIALING.
(a) In General.--An individual who is subject to credentialing or a
background investigation under section 5103a of title 49, United States
Code, may satisfy such requirement by obtaining a valid transportation
security card issued under section 70105 of title 46, United States
Code.
(b) Fees.--The Secretary of Homeland Security may charge reasonable
fees, in accordance with section 520(a) of the Department of Homeland
Security Appropriations Act, 2004 (6 U.S.C. 469(a)), for providing the
necessary credentialing and background investigation under this
section.
(c) Definitions.--In this section:
(1) Individual who is subject to credentialing or a
background investigation.--The term ``individual who is subject
to credentialing or a background investigation'' means an
individual who--
(A) because of employment is regulated by the
Transportation Security Administration, Department of
Transportation, or Coast Guard and is required to have
a background records check to obtain a hazardous
materials endorsement on a commercial driver's license
issued by a State under section 5103a of title 49,
United States Code; or
(B) is required to have a credential and background
records check under section 2102(d)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 622(d)(2)) at a facility
with activities that are regulated by the
Transportation Security Administration, Department of
Transportation, or Coast Guard.
(2) Valid transportation security card issued under section
70105 of title 46, united states code.--The term ``valid
transportation security card issued under section 70105 of
title 46, United States Code'' means a transportation security
card issued under section 70105 of title 46, United States
Code, that is--
(A) not expired;
(B) shows no signs of tampering; and
(C) bears a photograph of the individual representing
such card.
SEC. 586. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT LICENSES.
(a) Issuance of Licenses.--Paragraph (1) of section 5103a(a) of title
49, United States Code, is amended--
(1) by striking ``unless'' and inserting ``unless--'';
(2) by striking ``the Secretary of Homeland Security'' and
inserting the following:
``(A) the Secretary of Homeland Security'';
(3) in subparagraph (A), as designated pursuant to paragraph
(2) of this subsection, by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following new subparagraph:
``(B) the individual holds a valid transportation
security card issued under section 70105 of title
46.''.
(b) Transportation Security Card.--Paragraph (1) of section 5103a(d)
of title 49, United States Code, is amended, in the matter preceding
subparagraph (A), by striking ``described in subsection (a)(1)'' and
inserting ``under subsection (a)(1)(A)''.
SEC. 587. RECURRENT VETTING FOR SURFACE TRANSPORTATION CREDENTIAL-
HOLDERS.
Section 70105 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(r) Recurrent Vetting.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this subsection, the Secretary shall develop
and implement a plan to utilize the Federal Bureau of
Investigation's Rap Back Service in order to establish
recurrent vetting capabilities for individuals holding valid
transportation security cards under this section.
``(2) Exemption.--Individuals holding valid transportation
security cards under this section who are subject to recurrent
vetting under the plan to utilize the Rap Back Service referred
to in paragraph (1) shall be exempt from any recurrent
determinations or background checks under this section to which
such individuals would otherwise be subject every five years in
the absence of such utilization.''.
SEC. 588. PIPELINE SECURITY STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study regarding the roles and responsibilities of the
Department of Homeland Security and the Department of Transportation
with respect to pipeline security. Such study shall address whether--
(1) the Annex to the Memorandum of Understanding executed on
August 9, 2006, between the Department of Homeland Security and
the Department of Transportation adequately delineates
strategic and operational responsibilities for pipeline
security, including whether it is clear which department is
responsible for--
(A) protecting against intentional pipeline breaches
and cyber attacks;
(B) responding to intentional pipeline breaches and
cyber attacks; and
(C) planning to recover from the impact of
intentional pipeline breaches and cyber attacks;
(2) the respective roles and responsibilities of each
department are adequately conveyed to relevant stakeholders and
to the public; and
(3) the processes and procedures for determining whether a
particular pipeline breach is a terrorist incident are clear
and effective.
(b) Report on Study.--Not later than 180 days after the date of the
enactment of this section, the Comptroller General of the United States
shall submit to the Secretary of Homeland Security and the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the findings of the study conducted under subsection (a).
(c) Report to Congress.--Not later than 90 days after the submission
of the report under subsection (b), the Secretary of Homeland Security
shall review and analyze the study and submit to the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on such
review and analysis, including any recommendations for--
(1) changes to the Annex to the Memorandum of Understanding
referred to in subsection (a)(1); and
(2) other improvements to pipeline security activities at the
Department.
SEC. 589. REPEAL OF LIMITATION RELATING TO MOTOR CARRIER SECURITY-
SENSITIVE MATERIAL TRACKING TECHNOLOGY.
Section 1554 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1204) is amended by striking
subsection (d).
Subtitle H--Security Enhancements in Public Areas of Transportation
Facilities
SEC. 591. WORKING GROUP.
(a) In General.--The Secretary of Homeland Security may establish a
working group to promote collaborative engagement between the
Department of Homeland Security and public and private stakeholders to
develop non-binding recommendations for enhancing the security in
public areas of transportation facilities.
(b) Annual Report.--If the Secretary of Homeland Security establishes
a working group pursuant to subsection (a), not later than one year
after such establishment and annually thereafter for five years, the
Secretary shall report on the working group's organization,
participation, activities, findings, and non-binding recommendations
for the immediately preceding 12 month period. The Secretary may
publish a public version describing the working group's activities and
such related matters as would be informative to the public, consistent
with section 552(b) of title 5, United States Code.
(c) Inapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group or any subsidiary thereof.
SEC. 592. TECHNICAL ASSISTANCE; VULNERABILITY ASSESSMENT TOOLS.
(a) In General.--The Secretary of Homeland Security shall--
(1) inform public and private sector stakeholders regarding
the availability of Department of Homeland Security technical
assistance, including vulnerability assessment tools, to help
enhance the security in public areas of transportation
facilities; and
(2) subject to availability of appropriations, provide such
technical assistance, upon request, to such a stakeholder.
(b) Best Practices.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security shall publish
and widely disseminate best practices for protecting and enhancing the
resilience of public areas of transportation facilities, including
associated frameworks or templates for implementation. As appropriate,
such best practices shall be updated periodically.
SEC. 593. OPERATIONS CENTERS.
Not later than 120 days after the date of the enactment of this Act,
the Administrator of the Transportation Security Administration, in
consultation with the heads of other appropriate offices or components
of the Department of Homeland Security, shall make available to public
and private stakeholders a framework for establishing an operations
center within a transportation facility to promote interagency response
and coordination.
SEC. 594. REVIEW OF REGULATIONS.
(a) Review.--Not later than one year after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committee on Homeland Security of
the House and the Committee on Commerce, Science, and Transportation of
the Senate a report that includes a review of regulations, directives,
policies, and procedures issued by the Administrator regarding the
transportation of a firearm and ammunition by an aircraft passenger,
and, as appropriate, information on plans to modify any such
regulation, directive, policy, or procedure based on such review.
(b) Consultation.--In preparing the report required under subsection
(a), the Administrator of the Transportation Security Administration
shall consult with the Aviation Security Advisory Committee
(established pursuant to section 44946 of title 49, United States Code)
and appropriate public and private sector stakeholders.
SEC. 595. DEFINITION.
In this subtitle, the term ``public and private sector stakeholders''
has the meaning given such term in section 114(u)(1)(C) of title 49,
United States Code.
TITLE VI--EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Subtitle A--Grants, Training, Exercises, and Coordination
SEC. 601. URBAN AREA SECURITY INITIATIVE.
Section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604) is
amended--
(1) in subsection (b)(2)(A), in the matter preceding clause
(i), by inserting ``, using the most up-to-date data
available,'' after ``assessment'';
(2) in subsection (d)(2), by amending subparagraph (B) to
read as follows:
``(B) Funds retained.--To ensure transparency and
avoid duplication, a State shall provide each relevant
high-risk urban area with a detailed accounting of the
items, services, or activities on which any funds
retained by the State under subparagraph (A) are to be
expended. Such accounting shall be provided not later
than 90 days after the date of which such funds are
retained.''; and
(3) by striking subsection (e) and inserting the following
new subsections:
``(e) Threat and Hazard Identification Risk Assessment and Capability
Assessment.--As a condition of receiving a grant under this section,
each high-risk urban area shall submit to the Administrator a threat
and hazard identification and risk assessment and capability
assessment--
``(1) at such time and in such form as is required by the
Administrator; and
``(2) consistent with the Federal Emergency Management
Agency's Comprehensive Preparedness Guide 201, Second Edition,
or such successor document or guidance as is issued by the
Administrator.
``(f) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $800,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 602. STATE HOMELAND SECURITY GRANT PROGRAM.
Section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605) is
amended by striking subsection (f) and inserting the following new
subsections:
``(f) Threat and Hazard Identification and Risk Assessment and
Capability Assessment.--
``(1) In general.--As a condition of receiving a grant under
this section, each State shall submit to the Administrator a
threat and hazard identification and risk assessment and
capability assessment--
``(A) at such time and in such form as is required by
the Administrator; and
``(B) consistent with the Federal Emergency
Management Agency's Comprehensive Preparedness Guide
201, Second Edition, or such successor document or
guidance as is issued by the Administrator.
``(2) Collaboration.--In developing the threat and hazard
identification and risk assessment under paragraph (1), a State
shall solicit input from local and tribal governments,
including first responders, and, as appropriate, non-
governmental and private sector stakeholders.
``(3) First responders defined.--In this subsection, the term
`first responders' includes representatives of local
governmental and nongovernmental fire, law enforcement,
emergency management, and emergency medical personnel.
``(g) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $600,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 603. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
Section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606) is
amended by--
(1) redesignating subsections (h) through (k) as subsections
(i) through (l), respectively; and
(2) inserting after subsection (g) the following new
subsection:
``(h) Period of Performance.--The Secretary shall make funds provided
under this section available for use by a recipient of a grant for a
period of not less than 36 months.''.
SEC. 604. LAW ENFORCEMENT TERRORISM PREVENTION.
(a) Law Enforcement Terrorism Prevention Program.--Subsection (a) of
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1)--
(A) by inserting ``States and high-risk urban areas
expend'' after ``that''; and
(B) by striking ``is used'';
(2) in paragraph (2), by amending subparagraph (I) to read as
follows:
``(I) activities as determined appropriate by the
Administrator, in coordination with the Assistant
Secretary for State and Local Law Enforcement within
the Office of Partnership and Engagement of the
Department, through outreach to relevant stakeholder
organizations; and''; and
(3) by adding at the end the following new paragraph:
``(4) Annual report.--The Administrator, in coordination with
the Assistant Secretary for State and Local Law Enforcement,
shall report annually from fiscal year 2018 through fiscal year
2022 on the use of grants under sections 2003 and 2004 for law
enforcement terrorism prevention activities authorized under
this section, including the percentage and dollar amount of
funds used for such activities and the types of projects
funded.''.
(b) Office for State and Local Law Enforcement.--Subsection (b)
section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended--
(1) in paragraph (1), by striking ``Policy Directorate'' and
inserting ``Office of Partnership and Engagement''
(2) in paragraph (4)--
(A) in subparagraph (B), by inserting ``, including
through consultation with such agencies regarding
Department programs that may impact such agencies''
before the semicolon at the end; and
(B) in subparagraph (D), by striking ``ensure'' and
inserting ``certify''.
SEC. 605. PRIORITIZATION.
(a) In General.--Subsection (a) of section 2007 of the Homeland
Security Act of 2002 (6 U.S.C. 608) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) its population, including consideration of
domestic and international tourists, commuters, and
military populations, including military populations
residing in communities outside military
installations;'';
(B) in subparagraph (E), by inserting ``, including
threat information from other relevant Federal agencies
and field offices, as appropriate'' before the
semicolon at the end; and
(C) in subparagraph (I), by striking ``target'' and
inserting ``core''; and
(2) in paragraph (2), by striking ``target'' and inserting
``core''.
(b) Review.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security, through the
Administrator of the Federal Emergency Management Agency, shall review
and report to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate on the risk formula and methodology used
to award grants under sections 2003 and 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 604 and 605), including a discussion of any
necessary changes to such formula to ensure grant awards are
appropriately based on risk.
(c) Comptroller General Review.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the United
States shall review and assess the risk formula and methodology used to
award grants under sections 2003 and 2004 of the Homeland Security Act
of 2002, including--
(1) the process utilized by the Department of Homeland
Security to gather threat information for each potential State
and high-risk urban area;
(2) the extent to which such risk formula and methodology
considers the factors specified in section 2007 of the Homeland
Security Act of 2002 (6 U.S.C. 608), in particular--
(A) the extent to which the jurisdiction has unmet
core capabilities due to resource constraints;
(B) the degree to which a jurisdiction has been able
to address capability gaps with previous grant awards;
and
(C) in the case of a high-risk urban area, the extent
to which such high-risk urban area includes--
(i) incorporated municipalities, counties,
parishes, and Indian tribes within the relevant
eligible metropolitan area the inclusion of
which will enhance regional efforts to prevent,
prepare for, protect against, and respond to
acts of terrorism; and
(ii) other local and tribal governments in
the surrounding area that are likely to be
called upon to respond to acts of terrorism
within the high-risk urban area; and
(3) how grant award amounts are determined.
SEC. 606. ALLOWABLE USES.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``target'' and inserting ``core'';
(B) by redesignating paragraphs (6) through (14) as
paragraphs (8) through (16), respectively;
(C) in paragraph (5), by inserting before the
semicolon at the end the following: ``, provided such
purchases align with the Statewide Communication
Interoperability Plan and are coordinated with the
Statewide Interoperability Coordinator or Statewide
interoperability governance body of the State of the
recipient''; and
(D) by inserting after paragraph (5) the following
new paragraphs:
``(6) enhancing medical preparedness, medical surge capacity,
and mass prophylaxis capabilities, including the development
and maintenance of an initial pharmaceutical stockpile,
including medical kits and diagnostics sufficient to protect
first responders, their families, immediate victims, and
vulnerable populations from a chemical or biological event;
``(7) enhancing cybersecurity, including preparing for and
responding to cybersecurity risks and incidents (as such terms
are defined in section 227) and developing statewide cyber
threat information analysis and dissemination activities;'';
(E) in paragraph (8), as so redesignated, by striking
``Homeland Security Advisory System'' and inserting
``National Terrorism Advisory System''; and
(F) in paragraph (14), as so redesignated, by
striking ``3'' and inserting ``5'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by striking ``(a)(10)'' and
inserting ``(a)(12)''; and
(B) in paragraph (4)(B)(i), by striking ``target''
and inserting ``core''; and
(3) in subsection (c), by striking ``target'' and ``core''.
SEC. 607. APPROVAL OF CERTAIN EQUIPMENT.
(a) In General.--Section 2008 of the Homeland Security Act of 2002 (6
U.S.C. 609), as amended by this Act, is further amended--
(1) in subsection (f)--
(A) by striking ``If an applicant'' and inserting the
following:
``(1) Application requirement.--If an applicant''; and
(B) by adding at the end the following new
paragraphs:
``(2) Review process.--The Administrator shall implement a
uniform process for reviewing applications that, in accordance
with paragraph (1), contain explanations to use grants provided
under section 2003 or 2004 to purchase equipment or systems
that do not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747).
``(3) Factors.--In carrying out the review process under
paragraph (2), the Administrator shall consider the following:
``(A) Current or past use of proposed equipment or
systems by Federal agencies or the Armed Forces.
``(B) The absence of a national voluntary consensus
standard for such equipment or systems.
``(C) The existence of an international consensus
standard for such equipment or systems, and whether
such equipment or systems meets such standard.
``(D) The nature of the capability gap identified by
the applicant, and how such equipment or systems will
address such gap.
``(E) The degree to which such equipment or systems
will serve the needs of the applicant better than
equipment or systems that meet or exceed existing
consensus standards.
``(F) Any other factor determined appropriate by the
Administrator.''; and
(2) by adding at the end the following new subsection:
``(g) Review Process.--The Administrator shall implement a uniform
process for reviewing applications to use grants provided under section
2003 or 2004 to purchase equipment or systems not included on the
Authorized Equipment List maintained by the Administrator.''.
(b) Inspector General Report.--Not later than three years after the
date of the enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
assessing the implementation of the review process established under
paragraph (2) of subsection (f) of section 2008 of the Homeland
Security Act of 2002 (as added by subsection (a) of this section),
including information on the following:
(1) The number of requests to purchase equipment or systems
that do not meet or exceed any applicable consensus standard
evaluated under such review process.
(2) The capability gaps identified by applicants and the
number of such requests granted or denied.
(3) The processing time for the review of such requests.
SEC. 608. MEMORANDA OF UNDERSTANDING.
(a) In General.--Subtitle B of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 611 et seq.) is amended by adding at the end the
following new section:
``SEC. 2024. MEMORANDA OF UNDERSTANDING WITH DEPARTMENTAL COMPONENTS
AND OFFICES.
``The Administrator shall enter into memoranda of understanding with
the heads of the following departmental components and offices
delineating the roles and responsibilities of such components and
offices regarding the policy and guidance for grants under section 1406
of the Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135), sections 2003 and 2004 of this Act, and section 70107
of title 46, United States Code, as appropriate:
``(1) The Commissioner of U.S. Customs and Border Protection.
``(2) The Administrator of the Transportation Security
Administration.
``(3) The Commandant of the Coast Guard.
``(4) The Under Secretary for Intelligence and Analysis.
``(5) The Director of the Office of Emergency Communications.
``(6) The Assistant Secretary for State and Local Law
Enforcement.
``(7) The Countering Violent Extremism Coordinator.
``(8) The Officer for Civil Rights and Civil Liberties.
``(9) The Chief Medical Officer.
``(10) The heads of other components or offices of the
Department, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 2023 the following new item:
``Sec. 2024. Memoranda of understanding with departmental components
and offices.''.
SEC. 609. GRANTS METRICS.
(a) In General.--To determine the extent to which grants under
sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C.
603 and 604) have closed capability gaps identified in State
Preparedness Reports required under subsection (c) of section 652 of
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752;
title VI of the Department of Homeland Security Appropriations Act,
2007; Public Law 109-295) and Threat and Hazard Identification and Risk
Assessments required under subsections (e) and (f) of such sections
2003 and 2004, respectively, as added by this Act, from each State and
high-risk urban area, the Administrator of the Federal Emergency
Management Agency shall conduct and submit to the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an assessment of information
provided in such Reports and Assessments.
(b) Assessment Requirements.--The assessment required under
subsection (a) shall include a comparison of successive State
Preparedness Reports and Threat and Hazard Identification and Risk
Assessments that aggregates results across the States and high-risk
urban areas.
SEC. 610. GRANT MANAGEMENT BEST PRACTICES.
The Administrator of the Federal Emergency Management Agency shall
include in the annual Notice of Funding Opportunity relating to grants
under sections 2003 and 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605) an appendix that includes the following:
(1) A summary of findings identified by the Office of the
Inspector General of the Department of Homeland Security in
audits of such grants and methods to address areas identified
for improvement, including opportunities for technical
assistance.
(2) Innovative projects and best practices instituted by
grant recipients.
SEC. 611. PROHIBITION ON CONSOLIDATION.
The Secretary of Homeland Security may not implement the National
Preparedness Grant Program or any successor consolidated grant program
unless the Secretary receives prior authorization from Congress
permitting such implementation.
SEC. 612. MAINTENANCE OF GRANT INVESTMENTS.
Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609), as
amended by this Act, is further amended by adding at the end the
following new subsection:
``(h) Maintenance of Equipment.--Any applicant for a grant under
section 2003 or 2004 seeking to use funds to purchase equipment,
including pursuant to paragraphs (3), (4), (5), or (12) of subsection
(a) of this section, shall by the time of the receipt of such grant
develop a plan for the maintenance of such equipment over its life-
cycle that includes information identifying which entity is responsible
for such maintenance.''.
SEC. 613. TRANSIT SECURITY GRANT PROGRAM.
Section 1406 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1135) is amended--
(1) in subsection (b)(2)(A), by inserting ``and associated
backfill'' after ``security training''; and
(2) by striking subsection (m) and inserting the following
new subsections:
``(m) Periods of Performance.--
``(1) In general.--Except as provided in paragraph (2), funds
provided pursuant to a grant awarded under this section for a
use specified in subsection (b) shall remain available for use
by a grant recipient for a period of not fewer than 36 months.
``(2) Exception.--Funds provided pursuant to a grant awarded
under this section for a use specified in subparagraph (M) or
(N) of subsection (b)(1) shall remain available for use by a
grant recipient for a period of not fewer than 55 months.
``(n) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $200,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 614. PORT SECURITY GRANT PROGRAM.
Section 70107 of title 46, United States Code, is amended by--
(1) striking subsection (l);
(2) redesignating subsection (m) as subsection (l); and
(3) by adding at the end the following new subsections:
``(n) Period of Performance.--The Secretary shall make funds provided
under this section available for use by a recipient of a grant for a
period of not less than 36 months.
``(o) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $200,000,000 for each of the
fiscal years 2018 through 2022.''.
SEC. 615. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Section 1204 of the Implementing Recommendations of the 9/11
Commission Act (6 U.S.C. 1102) is amended--
(1) in subsection (c), by inserting ``to the extent
practicable, provide training in settings that stimulate real
response environments, such as urban areas,'' after
``levels,''.;
(2) in subsection (d), by amending paragraphs (1) and (2) to
read as follows:
``(1) for the Center for Domestic Preparedness, $63,939,000
for each of fiscal years 2018 and 2019; and
``(2) for the remaining Members of the National Domestic
Preparedness Consortium, $101,000,000 for each of fiscal years
2018 and 2019.''; and
(3) in subsection (e), in the matter preceding paragraph (1),
by striking ``2007'' and inserting ``2017''.
SEC. 616. RURAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary of Homeland Security is authorized to
establish a Rural Domestic Preparedness Consortium within the
Department of Homeland Security consisting of universities and
nonprofit organizations qualified to provide training to emergency
response providers from rural communities.
(b) Duties.--The Rural Domestic Preparedness Consortium authorized
under subsection (a) shall identify, develop, test, and deliver
training to State, local, and tribal emergency response providers from
rural communities, provide on-site and mobile training, and facilitate
the delivery of training by the training partners of the Department of
Homeland Security.
(c) Authorization of Appropriations.--Of amounts appropriated for
Continuing Training Grants of the Department of Homeland Security,
$5,000,000 is authorized to be used for the Rural Domestic Preparedness
Consortium authorized under subsection (a).
SEC. 617. EMERGENCY SUPPORT FUNCTIONS.
(a) Update.--Paragraph (13) of section 504(a) of the Homeland
Security Act of 2002 (6 U.S.C. 314(a)) is amended by inserting ``,
periodically updating (but not less often than once every five
years),'' after ``administering''.
(b) Emergency Support Functions.--Section 653 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 753; title VI of the
Department of Homeland Security Appropriations Act, 2007; Public Law
109-295) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Coordination.--The President, acting through the Administrator,
shall develop and provide to Federal departments and agencies with
coordinating, primary, or supporting responsibilities under the
National Response Framework performance metrics to ensure readiness to
execute responsibilities under the emergency support functions of such
Framework.''.
SEC. 618. REVIEW OF NATIONAL INCIDENT MANAGEMENT SYSTEM.
Paragraph (2) of section 509(b) of the Homeland Security Act of 2002
(6 U.S.C. 319(b)) is amended, in the matter preceding subparagraph (A),
by inserting ``, but not less often than once every five years,'' after
``periodically''.
SEC. 619. REMEDIAL ACTION MANAGEMENT PROGRAM.
Section 650 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 750; title VI of the Department of Homeland Security
Appropriations Act, 2007; Public Law 109-295) is amended to read as
follows:
``SEC. 650. REMEDIAL ACTION MANAGEMENT PROGRAM.
``(a) In General.--The Administrator, in coordination with the
National Council on Disability and the National Advisory Council, shall
establish a remedial action management program to--
``(1) analyze training, exercises, and real world events to
identify lessons learned, corrective actions, and best
practices;
``(2) generate and disseminate, as appropriate, the lessons
learned, corrective actions, and best practices referred to in
paragraph (1); and
``(3) conduct remedial action tracking and long term trend
analysis.
``(b) Federal Corrective Actions.--The Administrator, in coordination
with the heads of appropriate Federal departments and agencies, shall
utilize the program established pursuant to subsection (a) to collect
information on corrective actions identified by such Federal
departments and agencies during exercises and the response to natural
disasters, acts of terrorism, and other man-made disasters, and shall,
not later than one year after the date of the enactment of this section
and annually thereafter for each of the next four years, submit to
Congress a report on the status of such corrective actions.
``(c) Dissemination of After Action Reports.--The Administrator shall
provide electronically, to the maximum extent practicable, to Congress
and Federal, State, local, tribal, and private sector officials after-
action reports and information on lessons learned and best practices
from responses to acts of terrorism, natural disasters, capstone
exercises conducted under the national exercise program under section
648(b), and other emergencies or exercises.''.
SEC. 620. CYBER PREPAREDNESS.
(a) Information Sharing.--Title II of the Homeland Security Act of
2002 is amended--
(1) in section 210A (6 U.S.C. 124h)--
(A) in subsection (b)--
(i) in paragraph (10), by inserting before
the semicolon at the end the following: ``,
including, in coordination with the national
cybersecurity and communications integration
center under section 227, access to timely
technical assistance, risk management support,
and incident response capabilities with respect
to cyber threat indicators, defensive measures,
cybersecurity risks, and incidents (as such
terms are defined in such section), which may
include attribution, mitigation, and
remediation, and the provision of information
and recommendations on security and resilience,
including implications of cybersecurity risks
to equipment and technology related to the
electoral process'';
(ii) in paragraph (11), by striking ``and''
after the semicolon;
(iii) by redesignating paragraph (12) as
paragraph (14); and
(iv) by inserting after paragraph (11) the
following new paragraphs:
``(12) review information relating to cybersecurity risks
that is gathered by State, local, and regional fusion centers,
and incorporate such information, as appropriate, into the
Department's own information relating to cybersecurity risks;
``(13) ensure the dissemination to State, local, and regional
fusion centers of the information described in paragraph (12);
and'';
(B) in subsection (c)(2)--
(i) by redesignating subparagraphs (C)
through (G) as subparagraphs (D) through (H),
respectively; and
(ii) by inserting after subparagraph (B) the
following new subparagraph:
``(C) The national cybersecurity and communications
integration center under section 227.'';
(C) in subsection (d)--
(i) in paragraph (3), by striking ``and''
after the semicolon;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following new paragraph:
``(4) assist, in coordination with the national cybersecurity
and communications integration center under section 227, fusion
centers in using information relating to cybersecurity risks to
develop a comprehensive and accurate threat picture; and''; and
(D) in subsection (j)--
(i) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6),
respectively; and
(ii) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) the term `cybersecurity risk' has the meaning given
such term in section 227;''; and
(2) in section 227 (6 U.S.C. 148)--
(A) in subsection (c)--
(i) in paragraph (5)(B), by inserting ``,
including State, local, and regional fusion
centers, as appropriate'' before the semicolon
at the end;
(ii) 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
(iii) in paragraph (9), by inserting ``best
practices,'' after ``defensive measures,''; and
(B) in subsection (d)(1)(B)(ii), by inserting ``and
State, local, and regional fusion centers, as
appropriate'' before the semicolon at the end.
(b) Sense of Congress.--It is the sense of Congress that to
facilitate the timely dissemination to appropriate State, local, and
private sector stakeholders of homeland security information related to
cyber threats, the Secretary of Homeland Security should, to the
greatest extent practicable, work to share actionable information in an
unclassified form related to such threats.
SEC. 621. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 603 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. MAJOR METROPOLITAN AREA COUNTERTERRORISM TRAINING AND
EXERCISE GRANT PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the
Administrator and the heads of other relevant components of the
Department, shall carry out a program to make grants to
emergency response providers to prevent, prepare for, and
respond to emerging terrorist attack scenarios, including
complex, coordinated terrorist attacks and active shooters, as
determined by the Secretary, against major metropolitan areas.
``(2) Information.--In establishing the program pursuant to
paragraph (1), the Secretary shall provide to eligible
applicants--
``(A) information, in an unclassified format, on
emerging terrorist attack scenarios, including complex,
coordinated terrorist attacks and active shooters,
which grants under such program are intended to
address; and
``(B) information on training and exercises best
practices.
``(b) Eligible Applicants.--
``(1) In general.--Jurisdictions that receive, or that
previously received, funding under section 2003 may apply for a
grant under the program established pursuant to subsection (a).
``(2) Additional jurisdictions.--Eligible applicants
receiving funding under the program established pursuant to
subsection (a) may include in activities funded by such program
neighboring jurisdictions that would be likely to provide
mutual aid in response to emerging terrorist attack scenarios,
including complex, coordinated terrorist attacks and active
shooters.
``(c) Permitted Uses.--The recipient of a grant under the program
established pursuant to subsection (a) may use such grant to--
``(1) identify capability gaps related to preparing for,
preventing, and responding to emerging terrorist attack
scenarios, including complex, coordinated terrorist attacks and
active shooters;
``(2) develop or update plans, annexes, and processes to
address any capability gaps identified pursuant to paragraph
(1);
``(3) conduct training to address such identified capability
gaps;
``(4) conduct exercises, including at locations such as mass
gathering venues, places of worship, or educational
institutions, as appropriate, to validate capabilities; and
``(5) pay for backfill associated with personnel
participating in training and exercises under paragraphs (3)
and (4).
``(d) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not fewer than 36 months.
``(e) Information Sharing.--The Administrator shall, to the extent
practicable, aggregate, analyze, and share with relevant emergency
response providers information on best practices and lessons learned
from--
``(1) the planning, training, and exercises conducted using
grants authorized under the program established pursuant to
subsection (a); and
``(2) responses to actual terrorist attacks around the world.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $39,000,000 for each of
fiscal years 2018 through 2022.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 2008 the following new item:
``Sec. 2009. Major metropolitan area counterterrorism training and
exercise grant program.''.
SEC. 622. CENTER FOR DOMESTIC PREPAREDNESS.
(a) Implementation Plan.--The Administrator of the Federal Emergency
Management Agency shall develop an implementation plan, including
benchmarks and milestones, to address the findings and recommendations
of the 2017 Management Review Team that issued a report on May 8, 2017,
regarding live agent training at the Chemical, Ordnance, Biological and
Radiological Training Facility and provide to the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate updates and information on efforts
to implement recommendations related to the management review of the
Chemical, Ordnance, Biological, and Radiological Training Facility of
the Center for Domestic Preparedness of the Federal Emergency
Management Agency, including, as necessary, information on additional
resources or authority needed to implement such recommendations.
(b) Comptroller General Review.--Not later than one-year after the
date of the enactment of this section, the Comptroller General of the
United States shall review and report to Congress on the status of the
implementation plan required by subsection (a) and the governance
structure at the Chemical, Ordnance, Biological and Radiological
Training Facility of the Center for Domestic Preparedness of the
Federal Emergency Management Agency.
SEC. 623. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 601 et seq.), as amended by this Act, is further
amended by adding at the end the following new section:
``SEC. 2010. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden'. Under such program, the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State Administrative
Agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering either Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) be involved in an active, ongoing U.S. Customs and
Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for any of the following:
``(1) Equipment, including maintenance and sustainment costs.
``(2) Personnel, including overtime and backfill, in support
of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden under
the Department of Homeland Security's Fiscal Year 2016 Homeland
Security Grant Program Notice of Funding Opportunity.
``(4) Any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall make funds provided
under this section available for use by a recipient of a grant for a
period of not less than 36 months.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2018 through 2022
for grants under this section.
``(e) Report.--The Administrator shall annually for each of the
fiscal years specified in subsection (d) submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
containing information on the expenditure of grants made under this
section by each grant recipient.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 2009 the
following new item:
``Sec. 2010. Operation Stonegarden.''.
SEC. 624. NON-PROFIT SECURITY GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland Security Act
of 2002 (6 U.S.C. 601 et seq.), as amended by this Act, is further
amended by adding at the end the following new section:
``SEC. 2011. NON-PROFIT SECURITY GRANT PROGRAM.
``(a) Establishment.--There is established in the Department a
program to be known as the `Non-Profit Security Grant Program' (in this
section referred to as the `Program'). Under the Program, the
Secretary, acting through the Administrator, shall make grants to
eligible nonprofit organizations described in subsection (b), through
the State in which such organizations are located, for target hardening
and other security enhancements to protect against terrorist attacks.
``(b) Eligible Recipients.--Eligible nonprofit organizations
described in this subsection (a) are organizations that are--
``(1) described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
Code; and
``(2) determined to be at risk of a terrorist attack by the
Administrator.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for any of the following uses:
``(1) Target hardening activities, including physical
security enhancement equipment and inspection and screening
systems.
``(2) Fees for security training relating to physical
security and cybersecurity, target hardening, terrorism
awareness, and employee awareness.
``(3) Any other appropriate activity, as determined by the
Administrator.
``(d) Period of Performance.--The Administrator shall make funds
provided under this section available for use by a recipient of a grant
for a period of not less than 36 months.
``(e) Report.--The Administrator shall annually for each of fiscal
years 2018 through 2022 submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report containing information on
the expenditure by each grant recipient of grant funds made under this
section.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2018 through 2022 to carry
out this section.
``(2) Specification.--Of the amounts authorized to be
appropriated pursuant to paragraph (1)--
``(A) $35,000,000 is authorized for eligible
recipients located in jurisdictions that receive
funding under section 2003; and
``(B) $15,000,000 is authorized for eligible
recipients in jurisdictions not receiving funding under
section 2003.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended by striking
``sections 2003 and 2004'' and inserting ``sections 2003, 2004, and
2011''.
(c) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 2008 the following new item:
``Sec. 2011. Non-Profit Security Grant Program.''.
SEC. 625. FEMA SENIOR LAW ENFORCEMENT ADVISOR.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 529. SENIOR LAW ENFORCEMENT ADVISOR.
``(a) Establishment.--There is established in the Agency a Senior Law
Enforcement Advisor to serve as a qualified expert to the Administrator
for the purpose of strengthening the Agency's coordination among State,
local, and tribal law enforcement.
``(b) Qualifications.--The Senior Law Enforcement Advisor shall have
an appropriate background with experience in law enforcement,
intelligence, information sharing, and other emergency response
functions.
``(c) Responsibilities.--The Senior Law Enforcement Advisor shall--
``(1) coordinate on behalf of the Administrator with the
Office for State and Local Law Enforcement under section 2006
for the purpose of ensuring State, local, and tribal law
enforcement receive consistent and appropriate consideration in
policies, guidance, training, and exercises related to
preventing, preparing for, protecting against, and responding
to natural disasters, acts of terrorism, and other man-made
disasters within the United States;
``(2) work with the Administrator and the Office for State
and Local Law Enforcement under section 2006 to ensure grants
to State, local, and tribal government agencies, including
programs under sections 2003, 2004, and 2006(a) appropriately
focus on terrorism prevention activities; and
``(3) serve other appropriate functions as determined by the
Administrator.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 528 the
following new item:
``Sec. 529. Senior Law Enforcement Advisor.''.
SEC. 626. STUDY OF THE USE OF GRANT FUNDS FOR CYBERSECURITY.
Not later than 120 days after the enactment of this section, the
Administrator, in consultation with relevant components of the
Department, shall conduct a study on the use of grant funds awarded
pursuant to section 2003 and section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 604 and 605), including information on the following:
(1) The amount of grant funds invested or obligated annually
during fiscal years 2006 through 2016 to support efforts to
prepare for and respond to cybersecurity risks and incidents
(as such terms are defined in section 227 of such Act (6 U.S.C.
148).
(2) The degree to which grantees identify cybersecurity as a
capability gap in the Threat and Hazard Identification and Risk
Assessment carried out pursuant to the amendment made by
sections 601 and 602 of this title.
(3) Obstacles and challenges related to using grant funds to
improve cybersecurity.
(4) Plans for future efforts to encourage grantees to use
grant funds to improve cybersecurity capabilities.
SEC. 627. TECHNICAL EXPERT AUTHORIZED.
Paragraph (2) of section 503(b) of the Homeland Security Act of 2002
(6 U.S.C. 313(b)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) identify and integrate the needs of children
into activities to prepare for, protect against,
respond to, recover from, and mitigate against natural
disasters, acts of terrorism, and other man-made
disasters, including catastrophic incidents, including
by appointing a technical expert, who may consult with
relevant outside organizations and experts, as
necessary, to coordinate such activities, as
necessary.''.
Subtitle B--Communications
SEC. 631. OFFICE OF EMERGENCY COMMUNICATIONS.
The Secretary of Homeland Security may not change the location or
reporting structure of the Office of Emergency Communications of the
Department of Homeland Security unless the Secretary receives prior
authorization from the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate permitting such change.
SEC. 632. RESPONSIBILITIES OF OFFICE OF EMERGENCY COMMUNICATIONS
DIRECTOR.
(a) In General.--Subsection (c) of section 1801 of the Homeland
Security Act of 2002 (6 U.S.C. 571) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (15) as
paragraphs (3) through (14), respectively;
(3) in paragraph (8), as so redesignated, by striking ``, in
cooperation with the National Communications System,'';
(4) in paragraph (12) by striking ``Assistant Secretary for
Grants and Training'' and inserting ``Administrator of the
Federal Emergency Management Agency'';
(5) in paragraph (13), as so redesignated, by striking
``and'' at the end;
(6) in paragraph (14), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(15) administer the Government Emergency Telecommunications
Service (GETS) and Wireless Priority Service (WPS) programs, or
successor programs; and
``(16) assess the impact of emerging technologies on
interoperable emergency communications.''.
(b) Performance of Previously Transferred Functions.--Subsection (d)
of section 1801 of the Homeland Security Act of 2002 is amended by--
(1) striking paragraph (2); and
(2) redesignating paragraph (3) as paragraph (2).
SEC. 633. ANNUAL REPORTING ON ACTIVITIES OF THE OFFICE OF EMERGENCY
COMMUNICATIONS.
Subsection (f) of section 1801 of the Homeland Security Act of 2002
(6 U.S.C. 571) is amended to read as follows:
``(f) Annual Reporting of Office Activities.--The Director of the
Office of Emergency Communications shall, not later than one year after
the date of the enactment of this subsection and annually thereafter
for each of the next four years, report to the Committee on Homeland
Security and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate on the activities and programs of the Office,
including specific information on efforts to carry out paragraphs (4),
(5), and (6) of subsection (c).''.
SEC. 634. NATIONAL EMERGENCY COMMUNICATIONS PLAN.
Section 1802 of the Homeland Security Act of 2002 (6 U.S.C. 572) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``, and in cooperation with the
Department of National Communications System (as
appropriate),''; and
(B) by inserting ``, but not less than once every
five years,'' after ``periodically''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) consider the impact of emerging technologies on the
attainment of interoperable emergency communications;''.
SEC. 635. TECHNICAL EDIT.
Paragraph (1) of section 1804(b) of the Homeland Security Act of 2002
(6 U.S.C. 574(b)), in the matter preceding subparagraph (A), by
striking ``Assistant Secretary for Grants and Planning'' and inserting
``Administrator of the Federal Emergency Management Agency''.
SEC. 636. PUBLIC SAFETY BROADBAND NETWORK.
The Undersecretary of the National Protection and Programs
Directorate of the Department of Homeland Security shall provide to the
Committee on Homeland Security and the Committee on Energy and Commerce
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the Department of
Homeland Security's responsibilities related to the development of the
nationwide Public Safety Broadband Network authorized in section 6202
of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1422; Public Law 112-96), including information on efforts by the
Department to work with the First Responder Network Authority of the
Department of Commerce to identify and address cyber risks that could
impact the near term or long term availability and operations of such
network and recommendations to mitigate such risks.
SEC. 637. COMMUNICATIONS TRAINING.
The Under Secretary for Management of the Department of Homeland
Security, in coordination with the appropriate component heads, shall
develop a mechanism, consistent with the strategy required pursuant to
section 4 of the Department of Homeland Security Interoperable
Communications Act (Public Law 114-29; 6 U.S.C. 194 note), to verify
that radio users within the Department receive initial and ongoing
training on the use of the radio systems of such components, including
interagency radio use protocols.
Subtitle C--Medical Preparedness
SEC. 641. CHIEF MEDICAL OFFICER.
Section 516 of the Homeland Security Act of 2002 (6 U.S.C. 321e) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``and shall establish medical and human,
animal, and occupational health exposure policy,
guidance, strategies, and initiatives,'' before
``including--'';
(B) in paragraph (1), by inserting before the
semicolon at the end the following: ``, including
advice on how to prepare for, protect against, respond
to, recover from, and mitigate against the medical
effects of terrorist attacks or other high consequence
events utilizing chemical, biological, radiological, or
nuclear agents or explosives'';
(C) in paragraph (2), by inserting before the
semicolon at the end the following: ``, including
coordinating the Department's policy, strategy and
preparedness for pandemics and emerging infectious
diseases'';
(D) in paragraph (5), by inserting ``emergency
medical services and medical first responder
stakeholders,'' after ``the medical community,'';
(E) in paragraph (6), by striking ``and'' at the end;
(F) in paragraph (7), by striking the period and
inserting a semicolon; and
(G) by adding at the end the following new
paragraphs:
``(8) ensuring that the workforce of the Department has
evidence-based policy, standards, requirements, and metrics for
occupational health and operational medicine programs;
``(9) directing and maintaining a coordinated system for
medical support for the Department's operational activities;
``(10) providing oversight of the Department's medical
programs and providers, including--
``(A) reviewing and maintaining verification of the
accreditation of the Department's health provider
workforce;
``(B) developing quality assurance and clinical
policy, requirements, standards, and metrics for all
medical and health activities of the Department;
``(C) providing oversight of medical records systems
for employees and individuals in the Department's care
and custody; and
``(D) providing medical direction for emergency
medical services activities of the Department; and
``(11) as established under section 530, maintaining a
medical countermeasures stockpile and dispensing system, as
necessary, to facilitate personnel readiness, and protection
for the Department's employees and working animals and
individuals in the Department's care and custody in the event
of a chemical, biological, radiological, nuclear, or explosives
attack, naturally occurring disease outbreak, or pandemic.'';
and
(2) by adding at the end the following new subsection:
``(d) Medical Liaisons.--The Chief Medical Officer may provide
medical liaisons to the components of the Department to provide subject
matter expertise on medical and public health issues and a direct link
to the Chief Medical Officer. Such expertise may include the following:
``(1) Providing guidance on health and medical aspects of
policy, planning, operations, and workforce health protection.
``(2) Identifying and resolving component medical issues.
``(3) Supporting the development and alignment of medical and
health systems.
``(4) Identifying common gaps in medical and health
standards, policy, and guidance, and enterprise solutions to
bridge such gaps.''.
SEC. 642. MEDICAL COUNTERMEASURES PROGRAM.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by this Act, is further amended by
adding at the end the following new section:
``SEC. 530. MEDICAL COUNTERMEASURES.
``(a) In General.--The Secretary shall establish a medical
countermeasures program to facilitate personnel readiness, and
protection for the Department's employees and working animals and
individuals in the Department's care and custody, in the event of a
chemical, biological, radiological, nuclear, or explosives attack,
naturally occurring disease outbreak, or pandemic, and to support
Department mission continuity.
``(b) Oversight.--The Chief Medical Officer of the Department shall
provide programmatic oversight of the medical countermeasures program
established pursuant to subsection (a), and shall--
``(1) develop Department-wide standards for medical
countermeasure storage, security, dispensing, and
documentation;
``(2) maintain a stockpile of medical countermeasures,
including antibiotics, antivirals, and radiological
countermeasures, as appropriate;
``(3) preposition appropriate medical countermeasures in
strategic locations nationwide, based on threat and employee
density, in accordance with applicable Federal statutes and
regulations;
``(4) provide oversight and guidance on dispensing of
stockpiled medical countermeasures;
``(5) ensure rapid deployment and dispensing of medical
countermeasures in a chemical, biological, radiological,
nuclear, or explosives attack, naturally occurring disease
outbreak, or pandemic;
``(6) provide training to Department employees on medical
countermeasure dispensing; and
``(7) support dispensing exercises.
``(c) Medical Countermeasures Working Group.--The Chief Medical
Officer shall establish a medical countermeasures working group
comprised of representatives from appropriate components and offices of
the Department to ensure that medical countermeasures standards are
maintained and guidance is consistent.
``(d) Medical Countermeasures Management.--Not later than 180 days
after the date of the enactment of this section, the Chief Medical
Officer shall develop and submit to the Secretary an integrated
logistics support plan for medical countermeasures, including--
``(1) a methodology for determining the ideal types and
quantities of medical countermeasures to stockpile and how
frequently such methodology shall be reevaluated;
``(2) a replenishment plan; and
``(3) inventory tracking, reporting, and reconciliation
procedures for existing stockpiles and new medical
countermeasure purchases.
``(e) Stockpile Elements.--In determining the types and quantities of
medical countermeasures to stockpile under subsection (d), the Chief
Medical Officer shall utilize, if available--
``(1) Department chemical, biological, radiological, and
nuclear risk assessments; and
``(2) Centers for Disease Control and Prevention guidance on
medical countermeasures.
``(f) Report.--Not later than 180 days after the date of the
enactment of this section, the Chief Medical Officer shall report to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate on progress in achieving the requirements of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the
Homeland Security Act of 2002, as amended by this Act, is further
amended by inserting after the item relating to section 529 the
following new item:
``Sec. 530. Medical countermeasures.''.
Subtitle D--Management
SEC. 651. 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 remains the responsibility of the Assistant
Administrator for National Continuity Programs.
(d) Report.--Not later than 270 days after the date of the enactment
of this Act, the Administrator of the Federal Emergency Management
Agency shall submit to the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report that includes--
(1) a review of financial, human capital, information
technology, real property planning, and acquisition management
of headquarters and all regional offices of the Federal
Emergency Management Agency; and
(2) a strategy for capturing financial, human capital,
information technology, real property planning, and acquisition
data.
SEC. 652. SYSTEMS MODERNIZATION.
Not later than 180 days after the date of the enactment of this Act,
the Administrator of the Federal Emergency Management Agency shall
submit to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the Federal Emergency Management Agency's efforts to
modernize its grants and financial information technology systems,
including the following:
(1) A summary of all previous efforts to modernize such
systems.
(2) An assessment of long term cost savings and efficiencies
gained through such modernization effort.
(3) A capability needs assessment.
(4) Estimated quarterly costs.
(5) Estimated acquisition life cycle dates, including
acquisition decision events.
SEC. 653. STRATEGIC HUMAN CAPITAL PLAN.
Subsection (c) of section 10102 of title 5, United States Code, is
amended by striking ``2007'' and inserting ``2018''.
SEC. 654. OFFICE OF DISABILITY INTEGRATION AND COORDINATION OF
DEPARTMENT OF HOMELAND SECURITY.
(a) Office of Disability Integration and Coordination.--
(1) In general.--Section 513 of the Homeland Security Act of
2002 (6 U.S.C. 321b) is amended to read as follows:
``SEC. 513. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.
``(a) In General.--There is established within the Federal Emergency
Management Agency an Office of Disability Integration and Coordination,
which shall be headed by a Director.
``(b) Mission.--The mission of the Office is to ensure that
individuals with disabilities and other access and functional needs are
included in emergency management activities throughout the Agency by
providing guidance, tools, methods, and strategies for the purpose of
equal physical program and effective communication access.
``(c) Responsibilities.--In support of the mission of the Office, the
Director shall--
``(1) provide guidance and coordination on matters related to
individuals with disabilities in emergency planning
requirements and relief efforts in the event of a natural
disaster, act of terrorism, or other man-made disaster;
``(2) oversee Office staff and personnel responsible for
disability integration in each regional office with respect to
carrying out the mission of the Office;
``(3) liaise with the staff of the Agency including non-
permanent employees, organizations representing individuals
with disabilities, other agencies of the Federal Government,
and State, local, and tribal government authorities regarding
the needs of individuals with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made disaster;
``(4) coordinate with the technical expert on the needs of
children within the Agency to provide guidance and coordination
on matters related to children with disabilities in emergency
planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other man-made disaster;
``(5) consult with organizations representing individuals
with disabilities about access and functional needs in
emergency planning requirements and relief efforts in the event
of a natural disaster, act of terrorism, or other man-made
disaster;
``(6) ensure the coordination and dissemination of best
practices and model evacuation plans for individuals with
disabilities;
``(7) collaborate with Agency leadership responsible for
training to ensure that qualified experts develop easily
accessible training materials and a curriculum for the training
of emergency response providers, State, local, and tribal
government officials, and others on the needs of individuals
with disabilities;
``(8) coordinate with the Emergency Management Institute,
Center for Domestic Preparedness, the Center for Homeland
Defense and Security, U.S. Fire Administration, National
Exercise Program, and National Domestic Preparedness Consortium
to ensure that content related to persons with disabilities,
access and functional needs, and children are integrated into
existing and future emergency management trainings;
``(9) promote the accessibility of telephone hotlines and
websites regarding emergency preparedness, evacuations, and
disaster relief;
``(10) work to ensure that video programming distributors,
including broadcasters, cable operators, and satellite
television services, make emergency information accessible to
individuals with hearing and vision disabilities;
``(11) ensure the availability of accessible transportation
options for individuals with disabilities in the event of an
evacuation;
``(12) provide guidance and implement policies to ensure that
the rights and feedback of individuals with disabilities
regarding post-evacuation residency and relocation are
respected;
``(13) ensure that meeting the needs of individuals with
disabilities are included in the components of the national
preparedness system established under section 644 of the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law
109-295; 120 Stat. 1425; 6 U.S.C. 744); and
``(14) any other duties as assigned by the Administrator.
``(d) Director.--After consultation with organizations representing
individuals with disabilities, the Administrator shall appoint a
Director. The Director shall report directly to the Administrator, in
order to ensure that the needs of individuals with disabilities are
being properly addressed in emergency preparedness and disaster relief.
``(e) Organizations Representing Individuals With Disabilities
Defined.--For purposes of this section, `organizations representing
individuals with disabilities' shall mean the National Council on
Disabilities and the Interagency Coordination Council on Preparedness
and Individuals with Disabilities, among other appropriate disability
organizations.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 513 and inserting the following new item:
``513. Office of Disability Integration and Coordination.''.
(b) Reporting.--
(1) Report to congress.--Not later than 120 days after the
date of the enactment of this section, the Administrator shall
submit to Congress a report on the funding and staffing needs
of the Office of Disability Integration and Coordination under
section 513 of the Homeland Security Act of 2002, as amended by
subsection (a).
(2) Comptroller general review.--Not later than 120 days
after the date of the submittal of the report under paragraph
(1), the Comptroller General of the United States shall review
the report to evaluate whether the funding and staffing needs
described in the report are sufficient to support the
activities of the Office of Disability Integration and
Coordination.
TITLE VII--OTHER MATTERS
SEC. 701. DECISION REGARDING CERTAIN EXECUTIVE MEMORANDA.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall review existing Department of
Homeland Security policy memoranda, including memoranda approved by
prior Secretaries that remain in effect, to determine whether such
memoranda should remain in effect and, if so, whether any of such
memoranda should be modified.
SEC. 702. PERMANENT AUTHORIZATION FOR ASIA-PACIFIC ECONOMIC COOPERATION
BUSINESS TRAVEL CARD PROGRAM.
Section 2(a) of the Asia-Pacific Economic Cooperation Business Travel
Cards Act of 2011 (Public Law 112-54; 8 U.S.C. 1185 note) is amended by
striking ``During the 7-year period ending on September 30, 2018, the
Secretary'' and inserting ``The Secretary''.
SEC. 703. 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. 704. CANINE TEAMS.
The Commissioner of U.S. Customs and Border Protection may request
additional canine teams when there is a justified and documented
shortage and such additional canine teams would be effective for drug
detection at the border.
SEC. 705. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
(a) Title I.--Section 103 of the Homeland Security Act of 2002 (6
U.S.C. 113), as amended by this Act, is further amended as follows:
(1) In subsection (a)(1)--
(A) in subparagraph (E), by striking ``the Bureau
of'' and inserting ``U.S.''; and
(B) by adding at the end the following new
subparagraph:
``(L) An Administrator of the Transportation Security
Administration.''.
(2) In subsection (d)(5), by striking ``section 708'' and
inserting ``section 707''.
(b) Title II.--Title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended as follows:
(1) In section 202 (6 U.S.C. 122)--
(A) in subsection (c), in the matter preceding
paragraph (1), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence''; and
(B) in subsection (d)(2), by striking ``Director of
Central Intelligence'' and inserting ``Director of
National Intelligence''.
(2) In section 210E (6 U.S.C. 124l)--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(3) In section 223(1)(B) (6 U.S.C. 143(1)(B)), by striking
``and'' after the semicolon at the end.
(4) In section 225 (6 U.S.C. 145), by striking subsections
(c) and (d).
(5) In section 228A(c)(1)(C), by striking ``section 707'' and
inserting ``section 706''.
(c) Title III.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended as follows:
(1) In section 302 (6 U.S.C. 182), by striking
``biological,,'' each places it appears and inserting
``biological,''.
(2) By redesignating the second section 319 (relating to EMP
and GMD mitigation research and development) as section 320.
(d) Title IV.--Title IV of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended as follows:
(1) By redesignating section 402 (6 U.S.C. 202) as section
401.
(2) In section 401(4), as so redesignated, by striking
``section 428'' and inserting ``section 426''.
(3) By redesignating section 417 as section 416.
(4) By redesignating section 427 (6 U.S.C. 235) as section
425.
(5) In section 425, as so redesignated, by striking
subsection (c).
(6) By redesignating section 428 (6 U.S.C. 236) as section
426.
(7) In section 426, as so redesignated, in--
(A) in subsection (e), by striking paragraphs (7) and
(8);
(B) by striking subsections (g) and (h); and
(C) by redesignating subsection (i) as subsection
(g).
(8) By redesignating section 429 (6 U.S.C. 237) as section
427.
(9) By redesignating section 430 (6 U.S.C. 238) as section
428.
(10) By striking section 431 (6 U.S.C. 239).
(11) By redesignating section 432 (6 U.S.C. 240) as section
429.
(12) By redesignating section 433 (6 U.S.C. 241) as section
430.
(13) By amending the subtitle D heading to read as follows:
``U.S. Immigration and Customs Enforcement''.
(14) In section 442 (6 U.S.C. 252)--
(A) in the section heading, by striking ``bureau of
border security'' and inserting ``u.s. immigration and
customs enforcement'';
(B) by striking ``the Bureau of Border Security''
each place it appears and inserting ``U.S. Immigration
and Customs Enforcement'';
(C) by striking ``Under Secretary for Border and
Transportation Security'' each place it appears and
inserting ``Secretary'';
(D) by striking ``Assistant Secretary'' each place it
appears and inserting ``Director'';
(E) by striking ``the Bureau of Citizenship and
Immigration Services'' both places it appears and
inserting ``United States Citizenship and Immigration
Services'';
(F) in subsection (a)--
(i) in the subsection heading, by striking
``of Bureau'';
(ii) in paragraph (1) by striking ``a bureau
to be known as the `Bureau of Border
Security''' and inserting ``U.S. Immigration
and Customs Enforcement''; and
(iii) by amending paragraph (5) to read as
follows:
``(5) Managerial rotation program.--The Director of U.S.
Immigration and Customs Enforcement shall implement a
managerial rotation program under which employees of U.S.
Immigration and Customs Enforcement holding positions involving
supervisory or managerial responsibility and classified, in
accordance with chapter 51 of title 5, United States Code, as a
GS-14 or above, shall--
``(A) gain experience in all the major functions
performed by U.S. Immigration and Customs Enforcement;
and
``(B) work in at least one local office of U.S.
Immigration and Customs Enforcement.''.
(15) By striking section 445 (6 U.S.C. 255).
(16) By striking section 446 (6 U.S.C. 256).
(17) In the subtitle E heading, by inserting ``United
States'' before ``Citizenship and Immigration Services''.
(18) In section 451 (6 U.S.C. 271)--
(A) in the section heading, by striking ``bureau of''
and inserting ``united states'';
(B) by striking ``the Bureau of Citizenship and
Immigration Services'' each place it appears and
inserting ``United States Citizenship and Immigration
Services'';
(C) by striking ``the Bureau of Border Security''
each place it appears and inserting ``U.S. Immigration
and Customs Enforcement'';
(D) in subsection (a)--
(i) in the subsection heading, by striking
``of Bureau'';
(ii) in paragraph (1), by striking ``a bureau
to be known as the `Bureau of Citizenship and
Immigration Services''' and inserting ``the
United States Citizenship and Immigration
Services''; and
(iii) in paragraph (2)(C), by striking
``Assistant Secretary'' and inserting
``Director''; and
(iv) by amending paragraph (4) to read as
follows:
``(4) Managerial rotation program.--The Director of United
States Citizenship and Immigration Services shall implement a
managerial rotation program under which employees of United
States Citizenship and Immigration Services holding positions
involving supervisory or managerial responsibility and
classified, in accordance with chapter 51 of title 5, United
States Code, as a GS-14 or above, shall--
``(A) gain experience in all the major functions
performed by United States Citizenship and Immigration
Services; and
``(B) work in at least one field office and one
service center of United States Citizenship and
Immigration Services.''; and
(E) in subsection (c)(2), in the matter preceding
subparagraph (A), by striking ``Bureau of Citizenship
and Immigration Services'' and inserting ``United
States Citizenship and Immigration Services''.
(19) In section 452 (6 U.S.C. 272)--
(A) by striking ``the Bureau of'' each place it
appears and inserting ``United States''; and
(B) in subsection (f), in the subsection heading, by
striking ``Bureau of'' and inserting ``United States''.
(20) In section 453 (6 U.S.C. 273)--
(A) by striking ``the Bureau of'' each place it
appears and inserting ``United States''; and
(B) in subsection (a)(2), by striking ``such bureau''
and inserting ``United States Citizenship and
Immigration Services''.
(21) In section 454 (6 U.S.C. 274)--
(A) by striking ``the Bureau of'' each place it
appears and inserting ``United States''; and
(B) by striking ``pursuant to policies and procedures
applicable to employees of the Federal Bureau of
Investigation,''.
(22) By striking section 455 (6 U.S.C. 271 note).
(23) By striking section 456 (6 U.S.C. 275).
(24) By striking section 459 (6 U.S.C. 276).
(25) By striking section 460 (6 U.S.C. 277).
(26) By striking section 461 (6 U.S.C. 278).
(27) By redesignating section 462 (6 U.S.C. 279) as section
455.
(28) In section 455, as so redesignated, in subsection
(b)(2)(A), in the matter preceding clause (i)--
(A) by striking ``the Bureau of Citizenship and
Immigration Services'' and inserting ``United States
Citizenship and Immigration Services''; and
(B) by striking ``Assistant Secretary of the Bureau
of Border Security'' and inserting ``Director of U.S.
Immigration and Customs Enforcement''.
(29) In section 471 (6 U.S.C. 291)--
(A) by striking the section heading and inserting
``reorganization and prohibition'';
(B) by striking subsection (a);
(C) by striking ``(b) Prohibition.--'';
(D) by striking ``Bureau of Border Security or the
Bureau of'' and inserting ``U.S. Immigration and
Customs Enforcement and United States''; and
(E) by striking ``two bureaus'' each place it appears
and inserting ``two components''.
(30) By striking section 472 (6 U.S.C. 292).
(31) By striking section 473 (6 U.S.C. 293).
(32) By striking section 474 (6 U.S.C. 294).
(33) By redesignating section 476 (6 U.S.C. 296) as section
472.
(34) In section 472, as so redesignated--
(A) by striking ``the Bureau of Citizenship and
Immigration Services'' each place it appears and
inserting ``United States Citizenship and Immigration
Services''; and
(B) by striking ``the Bureau of Border Security''
each place it appears and inserting ``U.S. Immigration
and Customs Enforcement''.
(35) By striking section 477 (6 U.S.C. 297).
(36) By redesignating section 478 (6 U.S.C. 298) as section
473.
(37) In section 473, as so redesignated--
(A) in the section heading, by inserting ``annual
report on'' before ``immigration'';
(B) by striking subsection (b); and
(C) in subsection (a)--
(i) by striking ``Report.--'' and all that
follows through ``One year'' and inserting
``Report.--One year'';
(ii) by redesignating paragraph (2) as
subsection (b) and moving such subsection two
ems to left; and
(iii) in subsection (b), as so redesignated--
(I) in the heading, by striking
``included'' and inserting
``Included''; and
(II) by redesignating subparagraphs
(A) through (H) as paragraphs (1)
through (8), respectively, and moving
such paragraphs two ems to the left.
(e) Title V.--Title V of the Homeland Security Act of 2002 (6 U.S.C.
311 et seq.) is amended as follows:
(1) In section 501 (6 U.S.C. 311)--
(A) in paragraph (8), by striking ``section
502(a)(6)'' and inserting ``section 504(a)(6)'';
(B) by redesignating paragraphs (9) through (14) as
paragraphs (10) through (15), respectively; and
(C) by inserting after paragraph (8) the following
new paragraph:
``(9) the term `Nuclear Incident Response Team' means a
resource that includes--
``(A) those entities of the Department of Energy that
perform nuclear or radiological emergency support
functions (including accident response, search
response, advisory, and technical operations
functions), radiation exposure functions at the medical
assistance facility known as the Radiation Emergency
Assistance Center/Training Site (REAC/TS), radiological
assistance functions, and related functions; and
``(B) those entities of the Environmental Protection
Agency that perform such support functions (including
radiological emergency response functions) and related
functions.''.
(2) By striking section 502 (6 U.S.C. 312).
(3) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)(B)), by
striking ``, the National Disaster Medical System,''.
(4) In section 506(c) (6 U.S.C. 316(c)), by striking
``section 708'' each place it appears and inserting ``section
707''.
(5) In section 509(c)(2) (6 U.S.C. 319(c)(2)), in the matter
preceding subparagraph (A), by striking ``section 708'' and
inserting ``section 707''.
(6) By striking section 524 (6 U.S.C. 321m).
(f) Title VI.--Section 601 of the Homeland Security Act of 2002 (6
U.S.C. 331) is amended by striking ``Director of Central Intelligence''
each place it appears and inserting ``Director of National
Intelligence''.
(g) Title VII.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended as follows:
(1) By striking section 706 (6 U.S.C. 346).
(2) By redesignating section 707 (6 U.S.C. 347) as section
706.
(3) By redesignating section 708 as section 707.
(4) By redesignating section 709 as section 708.
(5) In section 708, as so redesignated, in subsection (c)(3),
by striking ``section 707'' and inserting ``section 706''.
(h) Title VIII.--Title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361 et seq.) is amended as follows:
(1) By redesignating section 812 as section 811.
(2) In section 811, as so redesignated--
(A) by striking subsections (a) and (c); and
(B) in subsection (b)--
(i) by striking ``(as added by subsection (a)
of this section)'' each place it appears;
(ii) by redesignating paragraphs (2) through
(4) as subsections (b) through (d),
respectively, and by moving such subsections,
as so redesignated, two ems to the left;
(iii) in paragraph (1), by redesignating
subparagraphs (A) and (B) as paragraphs (1) and
(2), respectively, and by moving such
paragraphs, as so redesignated, two ems to the
left; and
(iv) by striking ``(b) Promulgation of
Initial Guidelines.--'' and all that follows
through ``In this subsection'' and inserting
the following:
``(a) Definition.--In this section'';
(C) in subsection (b), as so redesignated, by
striking ``In general'' and inserting ``In General'';
(D) in subsection (c), as so redesignated, by
striking ``Minimum requirements'' and inserting
``Minimum Requirements''; and
(E) in subsection (d), as so redesignated, by
striking ``No lapse of authority'' and inserting ``No
Lapse of Authority''.
(3) In section 843(b)(1)(B) (6 U.S.C. 413(b)(1)(B)), by
striking ``as determined by'' and all that follows through ``;
and'' and inserting ``as determined by the Secretary; and''.
(4) By striking section 857 (6 U.S.C. 427).
(5) By redesignating section 858 (6 U.S.C. 428) as section
857.
(6) By striking section 872 (6 U.S.C. 452).
(7) By striking section 881 (6 U.S.C. 461).
(8) In section 892 (6 U.S.C. 482)--
(A) in subsection (b)(7), by striking ``Director of
Central Intelligence'' and inserting ``Director of
National Intelligence''; and
(B) in subsection (c)(3)(D), by striking ``Director
of Central Intelligence'' and inserting ``Director of
National Intelligence''.
(9) By striking section 893 (6 U.S.C. 483).
(10) By redesignating section 894 (6 U.S.C. 484) as section
893.
(i) Title IX.--Section 903(a) of the Homeland Security Act of 2002 (6
U.S.C. 493(a)) is amended in the subsection heading by striking
``Members--'' and inserting ``Members.--''.
(j) Title X.--Section 1001(c)(1) of the Homeland Security Act of 2002
(6 U.S.C. 511(c)(1)) is amended by striking ``Director of Central
Intelligence'' and inserting ``Director of National Intelligence''.
(k) Title XV.--Title XV of the Homeland Security Act of 2002 (6
U.S.C. 541 et seq.) is amended as follows:
(1) By striking section 1502 (6 U.S.C. 542).
(2) By redesignating section 1503 (6 U.S.C. 543) as section
1502.
(l) Title XVI.--Section 1611(d)(1) of the Homeland Security Act of
2002 (6 U.S.C. 563(d)(1)) is amended by striking ``section 707'' and
inserting ``section 706''.
(m) Title XIX.--Section 1902(b)(3) of the Homeland Security Act of
2002 (6 U.S.C. 592(b)(3)) is amended--
(1) in the paragraph heading, by striking ``Hawaiian native-
serving'' and inserting ``Native hawaiian-serving''; and
(2) by striking ``Hawaiian native-serving'' and inserting
``Native Hawaiian-serving''.
(n) Title XX.--Section 2021 of the Homeland Security Act of 2002 (6
U.S.C. 611) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(o) Table of Contents.--The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended as
follows:
(1) By striking the items relating to sections 317, 319, 318,
and 319 and inserting the following new items:
``Sec. 317. Promoting antiterrorism through international cooperation
program.
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.''.
(2) By striking the items relating to sections 401 and 402
and inserting the following new item:
``Sec. 401. Border, maritime, and transportation responsibilities.''.
(3) By striking the item relating to section 417 and
inserting the following new item:
``Sec. 416. Allocation of resources by the Secretary.''.
(4) By striking the items relating to sections 427 through
433 and inserting the following new items:
``Sec. 425. Coordination of information and information technology.
``Sec. 426. Visa issuance.
``Sec. 427. Information on visa denials required to be entered into
electronic data system.
``Sec. 428. Office for Domestic Preparedness.
``Sec. 429. Border Enforcement Security Task Force.
``Sec. 430. Prevention of international child abduction.''.
(5) By striking the items relating to sections 445 and 446.
(6) By amending the item relating to subtitle E of title IV
to read as follows:
``Subtitle E--United States Citizenship and Immigration Services''.
(7) By amending the item relating to section 451 to read as
follows:
``Sec. 451. Establishment of United States Citizenship and Immigration
Services.''.
(8) By striking the items relating to sections 455, 456, 459,
460, and 461 and inserting before the item relating to section
457 the following new item:
``Sec. 455. Children's affairs.''.
(9) By amending the item relating to section 471 to read as
follows:
``Sec. 471. Reorganization and prohibition.''.
(10) By striking the items relating to sections 472 through
478 and inserting the following new items:
``Sec. 472. Separation of funding.
``Sec. 473. Annual report on immigration functions.''.
(11) By striking the item relating to section 502.
(12) By striking the item relating to section 524.
(13) By striking the items relating to sections 706 through
709 and inserting the following new items:
``Sec. 706. Quadrennial Homeland Security Review.
``Sec. 707. Joint Task Forces.
``Sec. 708. Office of Strategy, Policy, and Plans.''.
(14) By striking the items relating to sections 811 and 812
and inserting the following new item:
``Sec. 811. Law enforcement powers of Inspector General agents.''.
(15) By striking the items relating to sections 857 and 858
and inserting the following new item:
``Sec. 857. Identification of new entrants into the Federal
marketplace.''.
(16) By striking the item relating to section 872.
(17) By striking the item relating to section 881.
(18) By striking the items relating to sections 893 and 894
and inserting the following new item:
``Sec. 893. Authorization of appropriations.''.
(19) By striking the items relating to sections 1502 and 1503
and inserting the following new item:
``Sec. 1502. Review of congressional committee structures.''.
Purpose and Summary
The purpose of H.R. 2825 is to authorize the activities of
the Department of Homeland Security (DHS) by asserting
Congress's Article I authority to legislate and provide
authority and direction to DHS. It is the proper role of
Congress to provide proper guidance to ensure that the
Department's structure and focus are best linked to securing
the homeland. This bill provides oversight of and direction to
the Department in numerous areas to ensure that it is
effectively carrying out the mission of securing the homeland.
H.R. 2825 aims to create efficiencies and streamline
programs and offices by clarifying and uniting the offices that
constitute ``DHS Headquarters.''
Further, this legislation integrates existing DHS
intelligence systems and data sets into the data framework;
creates a FEMA Chief Management Official to achieve further
efficiencies and accountability modernizing internal functions;
strengthens the role of the Under Secretary for Management to
implement efficiencies across components to better ensure
proper oversight and accountability; and requires DHS to review
the organization of its offices with research and development
and chemical, biological, radiological, nuclear and explosives
activities to ensure an efficient and streamlined
organizational structure that eliminates duplication.
This legislation protects taxpayer dollars and holds DHS
accountable by directing the Department to develop a multi-year
acquisition strategy resulting in major acquisitions programs
be subject to greater Departmental oversight throughout the
acquisition process to ensure they meet key cost, schedule and
performance requirements.
Further, H.R. 2825 mandates DHS to find cost savings
through real property consolidation and other common sense
efforts, strengthens the role of the Chief Information Officer
to forge stronger information technology collaboration to save
taxpayer dollars; empowers the Chief Financial Officer to
continue progress made on the Department's financial statement
audits and improve internal controls to better safeguard
against waste, fraud, and abuse; and ensures terrorism grant
funds are used efficiently to close identified capability gaps
while mandating a transparent system that measures the return
on these investments.
Finally, H.R. 2825 support America's front-line defenders
and first responders and improves the security of our Nation.
The legislation provides resources, including training and
equipment, to first responders to counter existing and evolving
terrorist threats; improves agency morale by implementing
workforce planning efforts; eliminates unnecessary and
duplicative human capital policies; better addresses employee
misconduct; maintains support for State and local law
enforcement presence at airports; ensures the FEMA
Administrator has the benefit of expert law enforcement advice;
and allows DHS to better focus on recruiting, retraining, and
training a qualified workforce.
The legislation makes important enhancements to information
sharing efforts within DHS and between the Department and
State, local, Tribal and territorial partners. It provides
resources to secure passenger surface transportation and
improve security at our Nation's ports; directs the Department
to share with State, local and regional fusion centers release
information of certain individuals convicted of terrorism;
improves airport access controls, employee vetting, perimeter
security, and insider threat mitigation efforts; and expands
the use of explosive-detecting K-9 teams.
Background and Need for Legislation
In the aftermath of the September 11th terrorist attacks on
our Nation, President Bush and Congress examined ways to
improve our national security. This led to the creation of the
Department of Homeland Security through the passage of the
Homeland Security Act of 2002 (Pub. L. 107-296). Since this
original authorization 15 years ago, DHS has never been
reauthorized. It has received guidance from annual
appropriations legislation, but it has not received the
thorough guidance that comes from a comprehensive authorization
of its activities.
One of the most important responsibilities of Congress is
to assert its Article I authority and pass authorizing
legislation that provides direction to key offices and missions
of Federal agencies.
The United States faces dynamic national security
challenges brought forth by terrorists, human traffickers, drug
smugglers, and state and non-state actors waging a silent war
in cyberspace. America's enemies are agile and are constantly
looking for ways to inflict damage. Our government and our
nation must stay ahead of these ever-evolving threats by
reforming and improving the Department of Homeland Security
through a first ever reauthorization.
Hearings
No hearings were held on H.R. 2825 in the 115th Congress.
However, the Committee held the following oversight hearings
which informed the legislation:
115th Congress
The Committee held a hearing on June 7, 2017, entitled
``Department of Homeland Security Reauthorization and the
President's FY 2018 Budget Request.'' The Committee received
testimony by Hon. John F. Kelly, Secretary, U.S. Department of
Homeland Security.
On February 28, 2017, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled ``The Future of FEMA: Recommendations of Former
Administrators.'' The Subcommittee received testimony from Hon.
W. Craig Fugate, Former Administrator, Federal Emergency
Management Agency, U.S. Department of Homeland Security; and
Hon. R. David Paulison, Former Administrator, Federal Emergency
Management Agency, U.S. Department of Homeland Security.
On February 16, 2017, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Watchdog
Recommendations: A Better Way Ahead to Manage the Department of
Homeland Security.'' The Subcommittee received testimony from
Hon. John Roth, Inspector General, U.S. Department of Homeland
Security; and Ms. Rebecca Gambler, Director, Homeland Security
and Justice Issues, U.S. Government Accountability Office.
On February 14, 2017, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled ``The Future of the FEMA: Stakeholder Recommendations
for the Next Administrator.'' The Subcommittee received
testimony from Captain Chris A. Kelenske, Deputy State
Director/Commander, Emergency Management and Homeland Security,
Michigan State Police, testifying on behalf of the National
Governors Association; Chief John Sinclair, Fire Chief,
Kittitas Valley Fire and Rescue (WA), testifying on behalf of
the International Association of Fire Chiefs; and Richard F.
Bland, J.D., M.T.S. National Director, Policy, Advocacy and
Development, Save the Children.
On February 2, 2017, the Subcommittee on Transportation and
Protective Security held a hearing entitled ``The Future of the
Transportation Security Administration.'' The Subcommittee
received testimony from Mr. Roger Dow, CEO, U.S. Travel
Association; Ms. Nina E. Brooks, Head of Security, Airports
Council International; and Mr. J. David Cox, National
President, American Federation of Government Employees.
114th Congress
On September 8, 2016, the Subcommittee on Counterterrorism
and Intelligence held a hearing entitled ``State and Local
Perspectives on Federal Information Sharing.'' The Subcommittee
received testimony from Chief Richard Beary, Immediate Past
President, International Association of Chiefs of Police; Mr.
Mike Sena, President, National Fusion Center Association; and
Dr. Cedric Alexander, National President, National Organization
of Black Law Enforcement Executives (NOBLE).
On July 13, 2016, the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled ``Counterintelligence and
Insider Threats: How Prepared is the Department of Homeland
Security?'' The Subcommittee received testimony from Hon.
Francis X. Taylor, Under Secretary, Office of Intelligence and
Analysis, U.S. Department of Homeland Security; Col. Richard D.
McComb, Chief Security Officer, U.S. Department of Homeland
Security; and Rdml. Robert Hayes, Assistant Commandant for
Intelligence, U.S. Coast Guard, U.S. Department of Homeland
Security.
On July 7, 2016, the Subcommittee on Coast Guard and
Maritime Transportation of the Committee on Transportation and
Infrastructure and the Subcommittee on Border and Maritime
Security held a joint hearing entitled ``An Examination of the
Maritime Nuclear Smuggling Threat.'' The Subcommittees received
testimony from Rear Admiral Linda L. Fagan, Deputy Commandant
for Operations, Policy, and Capabilities, U.S. Coast Guard,
U.S. Department of Homeland Security; Dr. Todd C. Owen,
Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Dr. Wayne Brasure, Acting Director, Domestic Nuclear
Detection Office; Ms. Anne Harrington, Deputy Administrator,
Defense Nuclear Nonproliferation, National Nuclear Security
Administration; Ms. Jennifer Grover, Director, Homeland
Security and Justice Issues, U.S. Government Accountability
Office; Dr. Gregory H. Canavan, Senior Fellow, Los Alamos
National Laboratories; Mr. David A. Espie, Director of
Security, Maryland Port Administration, Port of Baltimore; and
Mr. James H.I. Weakley, President, Lake Carriers' Association.
On June 21, 2016, the Subcommitteeon Emergency
Preparedness, Response, and Communications held a field hearing
in Jersey City, New Jersey entitled ``Protecting Our
Passengers: Perspectives on Securing Surface Transportation in
New Jersey and New York.'' The Subcommittee received testimony
from Ms. Sonya Proctor, Director, Surface Division, Office of
Security Policy and Industry Engagement, Transportation
Security Administration, U.S. Department of Homeland Security;
Mr. Thomas Belfiore, Chief Security Officer, The Port Authority
of New York and New Jersey; Mr. Raymond Diaz, Director of
Security, Metropolitan Transportation Authority (New York); Mr.
Christopher Trucillo, Chief of Police, New Jersey Transit
Police Department; Mr. Martin Conway, Deputy Police Chief,
National Railroad Passenger CorporationAMTRAK; Sergeant W. Greg
Kierce, Director, Office of Emergency Management and Homeland
Security, City of Jersey City, New Jersey; Mr. Rick Sposa,
Operations Coordinator, Emergency Medical Services, Jersey City
Medical Center; Lieutenant Vincent Glenn, Commander, Emergency
Services Unit, Police Department, Jersey City, New Jersey;
Captain Richard D. Gorman, Department of Fire and Emergency
Services, Office of Emergency Management and Homeland Security,
Jersey City, New Jersey; and Mr. Mike Mollahan, Trustee, Port
Authority Police Benevolent Association.
On May 24, 2016, the Subcommittee on Emergency
Preparedness, Response, and Communications and the Subcommittee
on Cybersecurity, Infrastructure Protection, and Security
Technologies held a joint hearing entitled ``Enhancing
Preparedness and Response Capabilities to Address Cyber
Threats.'' The Subcommittees received testimony from Mr. Mark
Ghilarducci, Director, Emergency Services, Office of the
Governor, State of California; Lt. Col. Daniel J. Cooney,
Assistant Deputy Superintendent, Office of Counter Terrorism,
New York State Police; Brig. Gen. Steven Spano (Ret.--USAF),
President and Chief Operating Officer, Center for Internet
Security; Mr. Mark Raymond, Vice President, National
Association of State Chief Information Officers; and Mr. Robert
Galvin, Chief Technology Officer, Port Authority of New York
and New Jersey.
On March 15, 2016, the Subcommittee held a hearing entitled
``State of Emergency: The Disaster of Cutting Preparedness
Grants.'' The Subcommittee received testimony from the Hon.
Bill de Blasio, Mayor, City of New York, New York; Mr. Jim
Butterworth, Director, Emergency Management/Homeland Security,
State of Georgia, testifying on behalf of the National
Emergency Management Association, Ms. Rhoda Mae Kerr, Fire
Chief, City of Austin Fire Department, Austin, Texas,
testifying on behalf of the International Association of Fire
Chiefs, Mr. George Turner, Chief of Police, Atlanta Police
Department, Atlanta, Georgia, testifying on behalf of the Major
Cities Chiefs Association; Mr. Mike Sena, Director, Northern
California Regional Intelligence Center, testifying on behalf
of the National Fusion Center Association; and Sergeant W. Greg
Kierce, Director, Office of Emergency Management and Homeland
Security, City of Jersey City, New Jersey.
On March 2, 2016, the Subcommittee on Transportation
Security held a hearing entitled ``The Transportation Security
Administration's FY2017 Budget Request.'' The Subcommittee
received testimony from Hon. Peter V. Neffenger, Administrator,
Transportation Security Administration, U.S. Department of
Homeland Security.
On February 11, 2016, the Subcommittee held a hearing
entitled, ``Improving the Department of Homeland Security's
Biological Detection and Surveillance Programs.'' The
Subcommittee received testimony from Dr. Kathryn Brinsfield,
Assistant Secretary, Office of Health Affairs, U.S. Department
of Homeland Security; Dr. Reginald Brothers, Under Secretary
for Science and Technology, U.S. Department of Homeland
Security; Mr. Chris P. Currie, Director, Emergency Management,
National Preparedness, and Critical Infrastructure Protection,
Homeland Security and Justice Team, U.S. Government
Accountability Office.
On December 8, 2015, the Subcommittee on Transportation
Security held a hearing entitled ``Examining TSA's Global
Efforts to Protect the Homeland from Aviation Threats and
Enhance Security at Last Point of Departure Airports.'' The
Subcommittee received testimony from Mr. Joseph P. Terrell,
Deputy Assistant Administrator, Office of Global Strategies,
Transportation Security Administration, U.S. Department of
Homeland Security.
On November 3, 2015, the Committee held a hearing entitled
``Defending Against Bioterrorism: How Vulnerable is America?''
The Committee received testimony from Hon. Thomas J. Ridge, Co-
Chair, Blue Ribbon Study Panel on Biodefense; Hon. Joseph I.
Lieberman, Co-Chair, Blue Ribbon Study Panel on Biodefense; and
Leonard A. Cole, PhD, Director, Terror Medicine and Security
Program, Department of Emergency Medicine, Rutgers New Jersey
Medical School.
On October 28, 2015, the Subcommittee on Counterterrorism
and Intelligence held a hearing entitled ``Terror Inmates:
Countering Violent Extremism in Prison and Beyond.'' The
Subcommittee received testimony from Mr. Jerome P. Bjelopera,
Specialist in Organized Crime and Terrorism, Congressional
Research Service, Library of Congress; Mr. Tony C. Parker,
Assistant Commissioner, Department of Correction, State of
Tennessee; and Mr. Brian Levin, Professor, Department of
Criminal Justice, Director, Center for Study of Hate and
Extremism, California State University, San Bernardino.
On October 22, 2015, the Subcommittee held a hearing
entitled ``Ready and Resilient?: Examining Federal Emergency
Preparedness and Response Capabilities.'' The Subcommittee
received testimony from the Hon. W. Craig Fugate,
Administrator, Federal Emergency Management Agency, U.S.
Department of Homeland Security; Mr. Bryan Koon, Director,
Florida Division of Emergency Management, testifying on behalf
of the National Emergency Management Association; and Mr. Chris
P. Currie, Director, Emergency Management, National
Preparedness, and Critical Infrastructure Protection, Homeland
Security and Justice Team, U.S. Government Accountability
Office.
On October 8, 2015, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Reform and Improvement:
Assessing the Path Forward for the Transportation Security
Administration.'' The Subcommittee received testimony from The
Honorable John Roth, Inspector General, Office of Inspector
General, U.S. Department of Homeland Security; and The
Honorable Peter Neffenger, Administrator, Transportation
Security Administration, U.S. Department of Homeland Security.
On September 18, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Making DHS More
Efficient: Industry Recommendations to Improve Homeland
Security.'' The Subcommittee received testimony from Mr. Marc
A. Pearl, President and Chief Executive Officer, Homeland
Security and Defense Business Council; Mr. Harry Totonis, Board
Director, Business Executives for National Security; and Hon.
Elaine Duke, Principal, Elaine Duke & Associates, LLC.
On September 17, 2015, the Subcommittee on Transportation
Security and the Subcommittee on Counterterrorism and
Intelligence held a joint hearing entitled ``Safeguarding our
Nation's Surface Transportation Systems Against Evolving
Terrorist Threats.'' The Subcommittees received testimony from
Mr. Eddie Mayenschein, Assistant Administrator, Office of
Security Policy and Industry Engagement, Transportation
Security Administration, U.S. Department of Homeland Security;
Ms. Jennifer Grover, Director, Transportation Security and
Coast Guard Issues, Homeland Security and Justice Team, U.S.
Government Accountability Office; Mr. Raymond Diaz, Director of
Security, Metropolitan Transportation Authority (New York); and
Ms. Polly Hanson, Chief of Police, National Railroad Passenger
Corporation (Amtrak).
On July 14, 2015, the Subcommittee on Cybersecurity,
Infrastructure Protection, and Security Technologies and the
Subcommittee on Emergency Preparedness, Response, and
Communications held a joint hearing entitled ``Weapons of Mass
Destruction: Bolstering DHS to Combat Persistent Threats to
America.'' The Subcommittees received testimony from Dr.
Reginald Brothers, Under Secretary for Science and Technology,
U.S. Department of Homeland Security; Dr. Kathryn Brinsfield,
Assistant Secretary, Office of Health Affairs, U.S. Department
of Homeland Security; Dr. Huban Gowadia, Director, Domestic
Nuclear Detection Office, U.S. Department of Homeland Security;
Mr. Alan D. Cohn, Counsel, Steptoe & Johnson LLP; Mr. Rick
``Ozzie'' Nelson, Senior Associate, Homeland Security and
Counterterrorism Program, Center for Strategic and
International Studies; and Mr. Warren Stern, Former Director,
Domestic Nuclear Detection Office, U.S. Department of Homeland
Security.
On April 30, 2015, the Subcommittee on Transportation
Security held a hearing entitled ``A Review of Access Control
Measures at Our Nation's Airports, Part II.'' The Subcommittee
received testimony from Mr. Melvin J. Carraway, Acting
Administrator, Transportation Security Administration, U.S.
Department of Homeland Security; Jeanne M. Olivier, A.A.E.,
Assistant Director, Aviation Security and Technology, Security
Operations and Programs Department, The Port Authority of New
York & New Jersey, testifying on behalf of The American
Association of Airport Executives; and Mr. Steven Grossman,
Chief Executive Officer/Executive Director, Jacksonville
International Airport, Jacksonville Aviation Authority,
testifying on behalf of The Airports Council International,
North America.
On April 22, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Acquisition
Oversight: How Effectively Is DHS Safeguarding Taxpayer
Dollars?'' The Subcommittee received testimony from Ms. Michele
Mackin, Director, Acquisition and Sourcing Management, U.S.
Government Accountability Office; Hon. Chip Fulghum, Chief
Financial Officer, U.S. Department of Homeland Security; and
Dr. Cedric Sims, Partner, Evermay Consulting Group.
On April 22, 2015, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled ``Strategic Perspectives on the Bioterrorism Threat.''
The Subcommittee received testimony from the Hon. Jim Talent,
Former Senator from the State of Missouri and Co-Chair, the
Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism; Dr. Charles B. Cairns, Interim
Dean, Health Sciences Center, University of Arizona College of
Medicine; and Marisa Raphael, MPH, Deputy Commissioner, Office
of Emergency Planning and Response, Department of Health and
Mental Hygiene, New York City, New York.
On March 18, 2015, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled ``Unmanned Aerial System Threats: Exploring Security
Implications and Mitigation Technologies.'' The Subcommittee
received testimony from Dr. Todd E. Humphreys, Assistant
Professor, Cockrell School of Engineering, The University of
Texas at Austin; Major General Frederick Roggero, (USAF-Ret.),
President and Chief Executive Officer, Resilient Solutions,
Ltd.; Chief Richard Beary, President, International Association
of Chiefs of Police; and Gregory S. McNeal, JD/PhD, Associate
Professor, School of Law, Pepperdine University.
On February 26, 2015, the Subcommittee on Counterterrorism
and Intelligence held a hearing entitled ``Addressing Remaining
Gaps in Federal, State, and Local Information Sharing.'' The
Subcommittee received testimony from Mr. Mike Sena, President,
National Fusion Center Association; Chief Richard Beary,
President, International Association of Chiefs of Police; and
Dr. Cedric Alexander, National President, National Organization
of Black Law Enforcement Executives (NOBLE).
On February 26, 2015, the Subcommittee on Oversight and
Management Efficiency held a hearing entitled ``Assessing DHS's
Performance: Watchdog Recommendations to Improve Homeland
Security.'' The Subcommittee received testimony from Hon. John
Roth, Inspector General, U.S. Department of Homeland Security;
Ms. Rebecca Gambler, Director, Homeland Security and Justice
Issues, U.S. Government Accountability Office; and Dr. Daniel
M. Gerstein, Senior Policy Researcher, The RAND Corporation.
113th Congress
On November 18, 2014, the Subcommittee on Emergency
Preparedness, Response, and Communications held a hearing
entitled ``Interoperable Communications: Assessing Progress
Since 9/11.'' The Subcommittee received testimony from RdAM
Ronald Hewitt, (USCG Ret.), Director, Office of Emergency
Communications, U.S. Department of Homeland Security; Mr. TJ
Kennedy, Acting General Manager, First Responder Network
Authority; and Mr. Mark A. Grubb, Director, Division of
Communications, Department of Safety and Homeland Security,
State of Delaware.
On October 10, 2014, the Committee held a field hearing in
Dallas, Texas, entitled ``Ebola in the Homeland: The Importance
of Effective International, Federal, State and Local
Coordination.'' The Committee received testimony from Dr. Toby
Merlin, Director, Division of Preparedness and Emerging
Infection, National Center for Emerging and Zoonotic Infectious
Diseases, Center for Disease Control and Prevention; Kathryn
Brinsfield, MD, MPH, FACEP, Acting Assistant Secretary and
Chief Medical Officer, Office of Health Affairs, U.S.
Department of Homeland Security; Mr. John P. Wagner, Acting
Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection, U.S. Department of Homeland
Security; Dr. David L. Lakey, Commissioner of Health, Texas
Department of State Health Services; Dr. Brett P. Giroir,
Executive Vice President and CEO, Texas A&M Health Science
Center, Texas A&M University, Director, Texas Task Force on
Infectious Disease Preparedness and Response; Hon. Clay Lewis
Jenkins, Judge, Dallas County, Texas; and Catherine L. Troisi,
Ph.D., Associate Professor, Division of Management, Policy, and
Community Health, Center for Infectious Diseases, The
University of Texas.
On June 10, 2014, the Subcommittee on Emergency
Prepardness, Response, and Communications held a hearing
entitled ``BioWatch: Lessons Learned and the Path Forward.''
The Subcommittee received testimony from Dr. Kathryn
Brinsfield, Acting Assistant Secretary, Office of Health
Affairs, U.S. Department of Homeland Security; Dr. Reginald
Brothers, Under Secretary, Science and Technology Directorate,
U.S. Department of Homeland Security; Mr. Chris Cummiskey,
Acting Under Secretary, Management Directorate, U.S. Department
of Homeland Security; Mr. Chris Currie, Acting Director,
Homeland Security and Justice Issues, U.S. Government
Accountability Office; and Dr. Deena S. Disraelly, Research
Staff, Strategy, Forces and Resources Division, Institute for
Defense Analyses.
On April 8, 2014, the Subcommittee on Border and Maritime
Security held a hearing entitled ``Authorizing U.S. Customs and
Border Protection and U.S. Immigration and Customs
Enforcement.'' The Subcommittee received testimony from Mr.
Kevin K. McAleenan, Acting Deputy Commissioner, U.S. Customs
and Border Protection, U.S. Department of Homeland Security;
and Mr. Daniel H. Ragsdale, Acting Director, U.S. Immigration
and Customs Enforcement, U.S. Department of Homeland Security.
On February 11, 2014, the Subcommittee on Emergency
Prepardness, Response, and Communications held a hearing
entitled ``Bioterrorism: Assessing the Threat.'' The
Subcommittee received testimony from Dr. Robert P. Kadlec,
Former Special Assistant to the President for Biodefense; Dr.
Tom Inglesby, CEO and Director, University of Pittsburgh
Medical Center for Health Security; and Dr. Leonard Cole,
Director, Terror Medicine and Security, Department of Emergency
Medicine, Rutgers New Jersey Medical School.
Committee Consideration
The Committee met on June 14, 2017, to consider H.R. 2825,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote. The Committee
took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
McCaul (#1); was AGREED TO, as amended by voice vote.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1A); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Perry (en bloc amendment 1):
Page 16, line 12, strike ``and''.
Page 16, line 15, strike the first period, the closing quotes, and
the second period, and insert ``; and''.
Page 16, beginning line 16, insert the following:
``(10) track, approve, oversee, and make public information on
expenditures by components of the Department for conferences, as
appropriate, including by requiring each component to-
``(A) report to the Inspector General of the Department the
expenditures by such component for each conference hosted or attended
by Department employees for which the total expenditures of the
Department exceed $20,000, within 15 days after the date of the
conference; and ``(B) with respect to such expenditures, provide to the
Inspector General-
``(i) the information described in subsections (a), (b), and (c)
of section 739 of title VII of division E of the Consolidated and
Further Continuing Appropriations Act, 2015 (Public Law 113-235); and
``(ii) documentation of such expenditures.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (en bloc amendment 2):
Page 6, beginning line 7, insert the following : ``Subtitle A-
Headquarters Operations''
Page 60, beginning line 14, insert a new subtitle entitled
``Subtitle B-Human Resources''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Fitzpatrick (en bloc amendment 3):
In section 111, redesignate subsections (a) and (b) as subsections
(b) and (c).
In section 111, insert before subsection (b), a new subsection
entitled ``(a) Sense of Congress.''
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (en bloc amendment 4):
Page 9, beginning line 24, insert the following:
``(H) establish and implement, in consultation with the Office of
Civil Rights and Civil Liberties, policies which preserve individual
liberty, fairness, and equality under the law;''.
Page 29, line 16 insert before the semicolon the following: ``, in
consultation with the Office for Civil Rights and Civil Liberties''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Richmond (en bloc amendment 5):
In title I, insert after section 111 a new section (and
redesignate subsequent sections accordingly) the following ``Sec. 112.
Office for Civil Rights and Civil Liberties.''
Page 173, line 22, insert ``OMBUDSMAN,'' before ``AND''.
Page 173, line 25, insert ``Ombudsman,'' before ``and''.
Page 174, line 5, insert ``Ombudsman,'' before ``and''.
Page 174, line 10, strike ``ensuring that the traveling public''
and insert ``managing allegations of violations of civil rights and
civil liberties from the public, carrying out the Administration's
equal employment opportunity and diversity policies and programs,
including complaint management and adjudication, and helping to ensure
that employees and the traveling public''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Payne (en bloc amendment 6):
At the end of title I, add a new section entitled ``Sec. 118.
Activities Related to Children.''
At the end of subtitle A of title VI, add a new section entitled
``Sec. 623. Technical Expert Authorized.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Payne (en bloc amendment 7):
Page 58, line 13, after ``Department'' insert ``, including a
specific description of operational challenges resulting from the
current organizational structure and a detailed explanation of how the
proposed organizational structure will address such challenges''.
Page 58, line 18, strike ``the'' and insert ``any''.
Page 58, line 22, after ``changes'' insert ``, an explanation of
why no statutory or organizational changes are necessary, or a request
for additional time to complete the organizational justification''.
Page 60, line 8, after ``Department'' insert ``, including a
specific description of operational challenges resulting from the
current organizational structure and a detailed explanation of how the
proposed organizational structure will address such challenges''.
Page 60, line 9, strike ``the'' and insert ``any''.
Page 60, line 13, after ``changes'' insert ``, an explanation of
why no statutory or organizational changes are necessary, or a request
for additional time to complete the organizational justification.''.
Page 60, after line 13, a new subsection entitled ``(c) Review
Required.-''
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (en bloc amendment 8):
Page 37, line 12, after ``matters'' insert the following: ``,
including advice with respect to the preparation of the Quadrennial
Homeland Security Review''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (en bloc amendment 9):
Page 60, after line 13, insert a new section entitled ``Sec. __.
Center for Faith-based Neighborhood Partnerships.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Miss Rice of New York (en bloc amendment 10):
Add at the end to title I a new section entitled ``Sec. 118.
Timely Guidance to DHS Personnel Regarding Executive Orders.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Richmond (en bloc amendment 11):
At the end of title I, add a new section entitled ``Sec. 118.
Secretaries' Responsibilities Regarding Election Infrastructure.''
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1B); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Duncan (en bloc amendment 1):
Page 114, line 6, redesignate subsection (b) as subsection (c).
Page 114, beginning line 6, insert a new subsection entitled ``(b)
Level 3 Acquisition Programs of Components of the Department.-''
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (en bloc amendment 2):
Page 99, line 23, insert ``to keep pace with changes in technology
that could impact deliverables,'' after ``risks,''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 3):
After section 222 insert a new section entitled ``Sec. 223.
Department Leadership Council.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 4):
Page 65, after line 8, insert the following:
``(11) The term `life cycle cost' means the total ownership cost
of an acquisition, including all relevant costs related to acquiring,
owning, operating, maintaining, and disposing of the system, project,
or product over a specified period of time.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 5):
At the end of subtitle A of title II, add a new section entitled
``Sec. 215. Acquisition Innovation.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 6):
Page 68, after line 9, insert the following:
``(F) Providing additional scrutiny and oversight for an
acquisition that is not a major acquisition if-
``(i) the acquisition is for a program that is important to
departmental strategic and performance plans;
``(ii) the acquisition is for a program with significant program
or policy implications; and
``(iii) the Secretary determines that such scrutiny and oversight
for the acquisition is proper and necessary.''.
Page 68, line 10, strike ``(F)'' and insert ``(G)''.
Page 68, line 14, strike ``(G)'' and insert ``(H)''.
Page 68, line 22, strike ``(H)'' and insert ``(I)''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 6):
Page 69, beginning line 3, insert the following:
``(I) Ensuring acquisition decision memoranda adequately document
decisions made at acquisition decision events, including any
affirmative determination of contractor responsibility at the down
selection phase and any other significant procurement decisions related
to the acquisition at issue.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (#1C); was NOT AGREED TO
by a recorded vote of 12 yeas and 14 nays (Roll Call Vote No.
9).
At the end of subtitle C of title II add a new section entitled
``Sec. 234. Exercise of Eminent Domain in Major Acquisitions.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (#1D); was NOT AGREED TO by a
recorded vote of 11 yeas and 15 nays (Roll Call Vote No. 10).
At the end of subtitle B of title II, add a new section entitled
``Sec. 226. Acquisition Management Directive.''
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1E); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. King of New York (en bloc amendment 1):
At the end of subtitle A of title III, add a new section entitled
``Sec. 308. Border and Gang Threat Assessment.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (en bloc amendment 2):
At the end of subtitle A of title III, add a new section entitled
``Sec. 208. Security Clearance Management and Administration.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Hurd (en bloc amendment 3):
In section 304(b)(3), insert ``promulgate data standards and''
before ``instruct''.
In section 304(b)(3), insert ``standard'' before ``format''.
Amend subsection (e) of section 304 ``(e) Deadline for
Implementation.-''
In subsection (g) of section 304, strike paragraphs (1) and (2)
(and redesignate subsequent paragraphs accordingly).
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (en bloc amendment 4):
Page 156, line 14, strike `` inserting `; and' '' and insert
``inserting a semicolon''.
Page 156, line 16, strike ``paragraph'' and insert ``paragraphs''.
Page 157, line 14, strike the first period and insert ``; and''.
Page 157, line 14, strike the closing quotes and the second
period.
Page 157, beginning line 15, insert the following:
``(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.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Fitzpatrick (en bloc amendment 5):
Page 139, beginning line 1, insert the following (and make
subsequent conforming changes):
``(15) promote and facilitate, to the greatest extent practicable,
nationwide suspicious activity report training of fire, emergency
medical services, emergency management, and public heath personnel;''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Langevin (en bloc amendment 6):
Page 142, line 12, insert the following (and redesignate
subsequent clauses accordingly):
``(vii) The national cybersecurity and communications integration
center under section 227.''.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1F); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Rutherford (en bloc amendment 1):
Strike section 405.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 2):
Redesignate section 410 as section 411.
After 409 insert a new section entitled ``Sec. 410. Maritime
Security Capabilities Assessments.''.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1G); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Rogers of Alabama (en bloc amendment 1):
In section 521, add at the end a new subsection entitled ``(d)
Briefing to Congress.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (en bloc amendment 2):
Amend paragraph (3) of section 584 (f) to read as follows:
(3) Rule of Construction.-Nothing in this section may be construed
to-
(A) replace or affect in any way the use of 9-1-1 services in an
emergency; or
(B) replace or affect in any way the security training program
requirements specified in section 1408, 1517, and 1534 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1137, 1167, and 1184; Public Law 110-53).
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Katko (en bloc amendment 3):
In subtitle C of title V, add at the end a new section entitled
``Sec. 533. Prohibition of Advance Notice of Covert Testing to Security
Screeners.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Katko (en bloc amendment 4):
Page 173, line 22, insert ``OMBUDSMAN,'' before ``AND''.
Page 173, line 25, insert ``Ombudsman,'' before ``and''.
Page 174, line 5, insert ``Ombudsman,'' before ``and''.
Page 174, line 9, strike ``(2)'' and insert ``(3)''.
Page 174, line 10, strike ``the traveling public is'' and insert
``Transportation Security Administration employees and the traveling
public are''.
Amend subsection (pp) of section 502 to read as follows:
(pp) SECTION 45107.-Section 45107 of title 49, United States Code,
is amended-
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(2) in subsection (b), by striking the second sentence.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (en bloc amendment 5):
At the end of subtitle B of title V, add a new section entitled
``Sec. 529. Innovation Task Force.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (en bloc amendment 6):
At the end of title V add a new subtitle entitled ``Subtitle H-
Security Enhancements in Public Areas of Transportation Facilities''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Donovan (en bloc amendment 7):
At the end of subtitle B of title V, add a new section entitled
``Sec. 529. Airport Law Enforcement Reimbursement.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Miss Rice of New York (en bloc amendment 8):
At the end of title V, insert a new subtitle entitled ``Subtitle
H-Strategic 5-year Technology Investment Plan of the Transportation
Security Administration.''
An amendment to the Amendment in the Nature of a Substitute
offered by Miss Rice of New York (en bloc amendment 9):
At the end of title V, insert a new subtitle entitled ``Subtitle
H-Maintenance of Security-Related Technology''.
An amendment to the Amendment in the Nature of a Substitute
offered by Miss Rice of New York (en bloc amendment 10):
Page 252, line 18, insert ``for aviation security'' after
``model''.
Page 254, line 11, insert ``upon request,'' before ``conduct''.
Page 254, beginning line 12, strike ``and share the results of
such assessments with relevant stakeholders''.
Page 254, after line 14, insert a new paragraph entitled ``(3) TSA
Database Cyber Assessment.-"
Page 254, line 15, strike ``(3)'' and insert ``(4)''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Gallagher (en bloc amendment 11):
At the end of subtitle A of title V, add a new section entitled
``Sec. 504. Transportation Security Administration Efficiency.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Demings (en bloc amendment 12):
At the end of subtitle D of title V, add a new section entitled
``Sec. 543. Exit Lane Security.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Garrett (en bloc amendment 13):
At the end of subtitle A of title V, add a new section entitled
``Sec. 505. Transportation Senior Executive Service Accountability.''
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Barragan (en bloc amendment 14):
At the end of subtitle D of title V, add a new section entitled
``Sec. 543. Reimbursement for Deployment of Armed Law Enforcement
Personnel at Airports.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (en bloc amendment 15):
In section 576, redesignate subsections (a) through (c) as
subsections (d) through (f), respectively.
In section 576, insert before subsection (d), as so redesignated,
a new subsection entitled ``(a) In General.''
In section 576, in subsection (d), as so redesignated, strike ``IN
GENERAL.-If'' and insert ``STAKEHOLDER NOTIFICATION.-When''.
In section 576, in subsection (d), as so redesignated, strike
``Visible Intermodal Prevention and Response (VIPR)'' and insert
``VIPR''.
In section 576, in subsection (e), as so redesignated, strike
``This section'' and insert ``Subsection (d)''.
In section 576, in subsection (e), as so redesignated, strike
``subsection (a)'' and insert ``such subsection''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (#1H); was NOT AGREED TO
by a recorded vote of 12 yeas and 14 nays (Roll Call Vote No.
11).
At the end of subtitle B of title V, add a new section entitled
``Sec. 529. Repeal of Requirement Regarding Diversion of Aviation
Security Fees.''.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1I); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. McSally (en bloc amendment 1):
At the end of subtitle A of title VI, add a new section entitled
``Sec. 623. Operation Stonegarden.''
Page 319, line 14, strike ``for'' and insert ``to make grants
to''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (en bloc amendment 2):
Page 322, line 10, before ``The'' insert ``(a) Implementation
Plan.-''.
Page 322, line 11, after ``shall'' insert ``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''.
Page 322, after line 22, insert a new subsection entitled ``(b)
Comptroller General Review.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Thompson of Mississippi (en bloc amendment 3):
At the end of subtitle A of title VI, add a new section entitled
``Sec. 623. Non-profit Security Grant Program.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Rutherford (en bloc amendment 4):
At the end of subtitle A of title VI, add a new section entitled
``Sec. 623. FEMA Senior Law Enforcement Advisor.''
Page 329, line 21, strike ``528'' and insert ``529''.
Page 331, line 1, strike ``528'' and insert ``529''.
Page 333, after line 22, strike ``528'' with respect to the item
being added and insert ``529''.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (en bloc amendment 5):
Page 306, beginning line 20, insert the following: ``(9) The Chief
Medical Officer.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Jackson Lee (en bloc amendment 6):
Page 311, beginning line 8, insert the following: (1) in
subsection (c), insert ``to the extent practicable, provide training in
settings that simulate real response environments, such as urban
areas,'' after ``levels,''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Garrett (en bloc amendment 9):
Page 299, line 3, strike ``and''.
Page 299, line 12, strike the period and insert ``; and''.
Page 299, beginning line 13, insert the following:
(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.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Langevin (en bloc amendment 8):
At the end of subtitle A of title VI (page 322, after line 22),
insert a new section entitled ``Sec. ------. Study of the Use of Grant
Funds for Cybersecurity.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Langevin (en bloc amendment 9):
Page 337, after line 7, insert a new section entitled ``Sec. 654.
Office of Disability Integration and Co-ordination of Department of
Homeland Security.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Payne (en bloc amendment 10):
Page 301, line 19, strike ``and''.
Page 301, after line 19, insert the following:
(C) in paragraph (5), by adding at the end the following: ``,
provided such purchases align with the Statewide Communication
Interoperability Plan and are coordinated with the Statewide
Interoperability Coordinator or Statewide interoperability governance
body of the State of the recipient''; and
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Demings (en bloc amendment 11):
Page 301, beginning line 11, insert a new subtitle entitled ``(c)
Comptroller General Review.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Payne (#1J); was NOT AGREED TO by a recorded
vote of 11 yeas and 15 nays (Roll Call Vote No. 12).
Page 296, line 19, strike ``$800,000,000'' and insert
``$900,000,000''.
Page 298, line 7, strike ``$600,000,000'' insert ``$900,000,000''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Watson Coleman (#1K); was NOT AGREED TO by a
recorded vote of 11 yeas and 15 nays (Roll Call Vote No. 13).
Page 310, line 10, strike ``$200,000,000'' and insert
``$400,000,000''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mrs. Demings (#1L); was WITHDRAWN by unanimous
consent.
Page 322, after line 22, insert a new section entitled ``Sec. 6--
--. Preservation of Urban Area Security Initiative Security Gains.''
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Barragan (#1M); was NOT AGREED TO by a recorded
vote of 11 yeas and 15 nays (Roll Call Vote No. 14).
Page 311, line 1, strike ``$200,000,000'' insert ``$400,000,000''.
An en bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 2825 offered by Mr. McCaul (#1N); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Perry (en bloc amendment 1):
Page 351, line 11, insert the following (and make necessary
conforming changes):
(6) By striking section 872 (6 U.S.C. 452).
Page 355, line 15, insert the following (and make necessary
conforming changes):
(16) By striking the item relating to section 872.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Perry (en bloc amendment 2):
At the end of the bill, add a new section entitled ``Sec. 702.
Decision Regarding Certain Executive Memoranda.''
An amendment to the Amendment in the Nature of a Substitute
offered by Miss Rice of New York (en bloc amendment 3):
At the end of title VII insert a new section entitled ``Sec. 702.
Permanent Authorization for Asia-Pacific Economic Cooperation Business
Travel Card Program.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 4):
Page 356, after line 4, insert a new section entitled ``Sec. 702.
Authorization of Appropriations for Office of Inspector General.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (en bloc amendment 5):
Add at the end a new section entitled ``Sec. 702. Canine Teams.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Correa (#1O); was WITHDRAWN by unanimous
consent.
At the end, add a new section entitled `Sec. 702. Conversion of
Certain User Fee Airports to Ports of Entry.''
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
The Committee on Homeland Security considered H.R. 2825 on
June 14, 2017, and took the following votes:
ROLL CALL NO. 9
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1C offered by Mr. Thompson of
Mississippi.
Not Agreed to: 12 yeas and 14 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. Mr. Keating.......................... X
Mr. Marino................................... Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela.............................
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... X Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan.................................. X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
-------------
Vote Total: 12 14
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 10
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1D offered by Mrs. Watson Coleman.
Not Agreed to: 11 yeas and 15 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. Mr. Keating.......................... X
Mr. Marino................................... Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela.............................
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... X Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan.................................. X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
-------------
Vote Total: 11 15
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 11
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1H offered by Mr. Thompson of
Mississippi.
Not Agreed to: 12 yeas and 14 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. Mr. Keating.......................... X
Mr. Marino................................... Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela.............................
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... X Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan.................................. X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
-------------
Vote Total: 11 15
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 12
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1J offered by Mr. Payne.
Not Agreed to: 11 yeas and 15 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. Mr. Keating.......................... X
Mr. Marino................................... Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela.............................
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... X Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan.................................. X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
-------------
Vote Total: 11 15
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 13
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1K offered by Mrs. Watson Coleman.
Not Agreed to: 11 yeas and 15 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. Mr. Keating.......................... X
Mr. Marino................................... Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela.............................
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... X Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan.................................. X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
-------------
Vote Total: 11 15
----------------------------------------------------------------------------------------------------------------
ROLL CALL NO. 14
On agreeing to the amendment to the Amendment in the Nature of a Substitute #1M offered by Ms. Barragan.
Not Agreed to: 11 yeas and 15 nays.
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Representative Yea Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul, Chair............................ X Mr. Thompson of Mississippi, Ranking X
Member.
Mr. Smith of Texas........................... Ms. Jackson Lee...................... X
Mr. King of New York......................... X Mr. Langevin......................... X
Mr. Rogers of Alabama........................ X Mr. Richmond......................... X
Mr. Duncan of South Carolina................. Mr. Keating.......................... X
Mr. Marino................................... Mr. Payne............................ X
Mr. Barletta................................. X Mr. Vela.............................
Mr. Perry.................................... X Mrs. Watson Coleman.................. X
Mr. Katko.................................... X Miss Rice of New York................ X
Mr. Hurd..................................... X Mr. Correa........................... X
Ms. McSally.................................. X Mrs. Demings......................... X
Mr. Ratcliffe................................ X Ms. Barragan......................... X
Mr. Donovan.................................. X
Mr. Gallagher................................ X
Mr. Higgins of Louisiana..................... X
Mr. Rutherford............................... X
Mr. Garrett.................................. X
Mr. Fitzpatrick.............................. X
-------------
Vote Total: 11 15
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2825, the Department of Homeland Security Authorization Act of
2017, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 2825 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The goals and objective of H.R. 2825 is to provide a
comprehensive reauthorization of the Department of Homeland
Security for the first time since its creation. This includes a
reform and reauthorization of the Department's headquarters,
acquisitions reform, improvements to the Department's
information sharing and counterterrorism efforts, important
maritime security improvements, a complete reauthorization of
the Transportation Security Administration, comprehensive
authorization and congressional guidance on DHS grants, and
technical corrections to the Homeland Security Act of 2002.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 2825 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 2825 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 2825 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
TITLE V-TRANSPORTATION SECURITY ADMINISTRATION
Subtitle A-Administration
Sec. 1. Short title; Table of contents.
This section provides that this bill may be cited as the
``Department of Homeland Security Authorization Act of 2017''
or the ``DHS Authorization Act of 2017''.
This section also details the table of contents for the
bill.
TITLE I-DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
Subtitle A-Headquarters Operations
Sec. 101. Homeland security enterprise defined.
Section 101 amends the Homeland Security Act of 2002 to
include a definition of ``homeland security enterprise''
Sec. 102. Functions and components of Headquarters of Department of
Homeland Security.
Section 102 identifies the offices that constitute DHS's
headquarters and outlines Headquarters' functions, including,
but not limited to, establishing an overall strategy to
successfully further the mission of the Department,
establishing initiatives that improve Department-wide
operational performance, managing and encouraging shared
services across Department components, and establishing and
implementing policies, in consultation with the Office of Civil
Rights and Civil Liberties, which preserve individual liberty,
fairness, and equality under the law.
Sec. 103. Repeal of Director of Shared Services and Office of
Counternarcotics Enforcement of Department of Homeland
Security.
Section 103 abolishes the Director of Shared Services
position as well as the now defunct Office of Counternarcotics
Enforcement.
Sec. 104. Responsibilities and functions of Chief Privacy Officer.
Section 104 amends the Homeland Security Act of 2002 by
authorizing the Chief Privacy Officer and requiring that
official to report directly to the Secretary. Section 104
establishes responsibilities for the Chief Privacy Officer to
include, among other things, developing privacy-related
policies and guidance, establishing mechanisms to ensure
components are in compliance with privacy policies and laws,
serving as the Department's central office for managing and
processing Freedom of Information Act (FOIA) requests, and
preparing an annual report to Congress on the activities of the
Department that affect privacy during the Fiscal Year covered
by the report. Section 104 allows the Secretary to reassign the
functions related to FOIA to another official within the
Department, if necessary.
Sec. 105. Responsibilities of Chief Financial Officer.
Section 105 amends the Homeland Security Act of 2002 by
including additional responsibilities for the Chief Financial
Officer (CFO). Specifically, Section 105 requires the CFO to
oversee the Department's budget formulation and execution, lead
cost-estimating and performance-based budgeting practices for
the Department, oversee coordination of the Department's budget
into strategic planning, develop financial management policy,
develop financial system modernization guidance, establish
internal controls over financial reporting systems, lead
assessments of internal controls, lead financial oversight,
ensure components identify and report all acquisition program
costs, oversee budget formulation and execution, and implement
a common accounting structure by Fiscal Year 2020.
Additionally, this section requires the Chief Financial
Officer to oversee, approve, and make public information on
Department expenditures for conferences, including requiring
each component to report such expenditures in excess of $20,000
to the Inspector General of the Department.
Sec. 106. Chief Information Officer.
Section 106 amends the Homeland Security Act of 2002 by
requiring the Chief Information Officer (CIO) to report
directly to the USM and establishes areas of responsibility
relating to information technology. The section also requires
the CIO to develop an information technology strategic plan
every 5 years. Additionally, the CIO must inventory DHS'
software licenses within 180 days and every 2 years thereafter
until 2022 to assess the Department's needs for software
licenses, examine how to achieve cost savings related to the
purchase of software licenses, determine whether cloud-based
services will impact the need for software licenses, and
establish plans and estimated costs for eliminated unused
software licenses. Finally, it requires a Comptroller General
review of these actions by Fiscal Year 2019.
Sec. 107. Quadrennial Homeland Security review.
Section 107 amends the Homeland Security Act of 2002 by
making a few technical changes to DHS' requirements relating to
the Quadrennial Homeland Security Review (QHSR), such as
collaboration with the Homeland Security Advisory Committee and
the use of a risk assessment when evaluating the threats facing
the homeland. It also requires the Secretary to retain, and
upon request, provide to Congress certain documentation
relating to the preparation of the QHSR.
Sec. 108. Office of Strategy, Policy, and Plans.
Section 108 States that the Office of Strategy, Policy, and
Plans shall include the following components: the Office of
Partnership and Engagement, the Office of International
Affairs, the Office of Cyber, infrastructure, and Resilience
Policy, the Office of Strategy, Planning, Analysis, and Risk,
the Office of Threat Prevention and Security Policy, and the
Office of Border, Immigration, and Trade Policy. The section
also lays out various responsibilities and duties of the
Assistant Secretary for Partnership and Engagement, such as
leading efforts to incorporate external feedback from
stakeholders and lays out responsibilities of the Assistant
Secretary for International Affairs, including coordinating
international activities within the Department.
The current Office of International Affairs is abolished,
with all of its assets and personnel transferred to the like
office in the Office of Strategy, Policy, and Plans. The
following offices have their functions, assets, and personnel
transferred to the Office of Partnership and Engagement: the
Office for State and Local Law Enforcement, the Office for
State and Local Law Government Coordination, and the Special
Assistant to the Secretary authorized by section 102(f) of the
Homeland Security Act of 2002.
Section 108 further specifies 13 Assistant Secretary
positions and States that no other Assistant Secretary position
may be created or designated by DHS. It also requires DHS to
conduct a duplication review within 1 year relating to
components responsible for international affairs.
Section 108 amends the Homeland Security Act of 2002 by
authorizing the Secretary to establish the 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.
Sec. 109. Chief Procurement Officer.
Section 109 amends the Homeland Security Act of 2002 by
establishing the Chief Procurement Officer (CPO). The CPO is
required to report directly to the USM and will be a senior
business advisor of the Department on procurement related
matters. Section 109 establishes responsibilities for the CPO,
to include, among other things, issuing procurement policies,
serving as the primary liaison to industry, and collecting data
and establishing performance measures on the impact of
strategic sourcing initiatives on the private sector. Section
109 includes a clerical amendment to include the CPO in the
Homeland Security Act's table of contents.
Sec. 110. Chief Security Officer.
Section 110 amends the Homeland Security Act of 2002 by
authorizing the Chief Security Officer and requiring that
official to report directly to the USM. Section 110 establishes
responsibilities for the Chief Security Officer to include (1)
developing DHS's security policies, (2) providing security-
related training, and (3) providing support to components on
security-related matters.
Sec. 111. Office of Inspector General.
Section 111 provides a sense of Congress, with findings,
that the Inspector General of the Department of Homeland
Security plays a vital role in fulfilling the Department's
daily missions.
Additionally, section 111 requires the heads of offices and
components of DHS to advise the DHS Inspector General of all
allegations of misconduct that they receive over which the
Inspector General has jurisdiction.
Sec. 112. Office for Civil Rights and Civil Liberties.
Section 112 lays out the responsibilities for the Office
for Civil Rights and Civil Liberties, under the direction of
the Officer for Civil Rights and Civil Liberties, including
integrating civil rights and civil liberties into activities of
the Department, investigating public allegations of civil
rights and civil liberties violations, carrying out the
Department's equal employment and diversity policies and
programs, and communicating with individuals and communities
whose civil rights and civil liberties may be affected by
Department activities.
Additionally, this section authorizes to be appropriated
$22,571,000 for fiscal years 2018 and 2019 to carry out section
705 of the Homeland Security Act of 2002, as amended.
Sec. 113. Department of Homeland Security Rotation Program.
Section 113 enhances the DHS Security Rotation Program to
require greater focus on departmental integration and unity of
effort as well as personnel development. It also requires the
Secretary to disseminate information on the program widely
throughout the Department and to protect various rights of
employees participating in the program.
Subsection (g) of Section 113 requires the Secretary to
establish the ``Intelligence Rotational Assignment Program'' to
be administered by the Department's Chief Human Capital
Officer, in conjunction with the Chief Intelligence Officer.
The rotation program shall to be open to employees serving in
existing analyst positions with the Department's Intelligence
Enterprise (DHS IE), as well as other DHS employees, as
appropriate. The responsibilities and requirements that apply
to the DHS Rotation Program shall also apply to the
Intelligence Rotational Assignment Program.
The DHS IRAP was created in 2014 to promote a broader
understanding of the various intelligence missions and
functions across the DHS IE, to enhance career development of
DHS intelligence personnel, and promote DHS-wide intelligence
competencies. Despite its important mission, the Committee
found that numerous intelligence components were not aware of
this program's existence and that it was not being coordinated
with other rotational programs offered by the Department or the
Intelligence Community.
A joint Intelligence Community, DHS, and Department of
Justice OIG review of ``Domestic Sharing of Counterterrorism
Information,'' published in March 2017, specifically referenced
the creation of the IRAP as an important step to help unify the
DHS IE, but noted the lack of incentives to encourage
participation in this initiative. Section 113 will provide
certainty in the future of the IRAP, raise much-needed
awareness of the program, and promote participation by all
intelligence components.
Consolidating the IRAP into the Department's Homeland
Security Rotation Program will ensure coordination with other
DHS-wide rotation programs and that analyst participation in
the IRAP will be factored into promotions and other career
advancement opportunities. This promotes greater consistencies
in the Department's policies for how to track and capitalize on
intelligence analyst participation the Department's various
rotation programs. Section 113 is also intended to encourage
the Chief Human Capital Officer and Chief Intelligence Officer
to offer similar incentives and promotional opportunities to
analysts participating in the IRAP as those afforded to DHS
personnel who complete a rotation in the Intelligence
Community's ``Joint Duty Assignment.''
Sec. 114. Future Years Homeland Security Program.
Section 114 amends the Homeland Security Act of 2002 by
requiring DHS to submit to the House and Senate homeland
security committees a Future Years Homeland Security Program
report that provides detailed projected cost estimates of
anticipated programs over 5 fiscal years. Section 114 also
requires that the Future Years Homeland Security Program
project acquisition cost and schedule estimates over that same
5-year period. These reports are to be made available to the
public, to the extent that they do not contain classified
information.
Sec. 115. Field efficiencies plan.
Section 115 requires DHS to submit a field efficiencies
plan within 270 days of enactment of the Act, which examines
DHS' real property portfolio and provides recommendations and a
cost-benefit analysis for the consolidation of its facilities.
The Committee does not intend for this provision or any other
section of the legislation to be construed as providing new
authorities to the Department of Homeland Security or any of
its component agencies or programs real property authorities,
including leases, construction, or other acquisitions, and
disposals.
Sec. 116. Submission to Congress of information regarding
reprogramming or transfer of Department of Homeland Security
resources to respond to operational surges.
Section 116 requires DHS to provide to Congress every year
until 2023 information on any circumstances in which the
Secretary exercised authority to reprogram or transfer funds to
address unforeseen costs.
Sec. 117. Report to Congress on cost savings and efficiency.
Section 117 requires that the Secretary submit to the House
and Senate homeland security committees reports on: (1)
components' management and administrative costs; (2) an
examination of the Department's major physical assets; (3)
size, experience level, and geographic distribution of
operational personnel; and (4) recommendations for how to
address deficiencies, reduce costs, and enhance efficiencies.
Sec. 118. Research and development and CBRNE organizational review.
Section 118 requires the Secretary to assess the
organization and management of DHS' research and development
(R&D) activities, and then submit a plan to Congress with a
proposed organization structure, which must also include a
justification of that plan, including a description of the
effects on specific directorates and offices, such as the
Science and Technology Directorate and Domestic Nuclear
Detection Office, based on any proposed relocation of their
activities. Section 118 also requires the Secretary to do a
similar assessment and plan for DHS' chemical, biological,
radiological, nuclear, and explosives (CBRNE) activities,
including those of the Office of Health Affairs, Domestic
Nuclear Detection Office, and Office for Bombing Prevention.
Additionally, this section requires the Government
Accountability Office to review and report to Congress on the
proposed organizational structure no later than 3 months after
the submission of each plan.
The Committee believes that R&D and CBRNE activities are
vital to the homeland security mission, and is committed to
ensuring that those activities are carried out in the most
effective, efficient way possible. By having the Secretary
conduct a thorough review of the Department's R&D and CBRNE
activities and having GAO review such plans, we can ensure the
Department is operating efficiently and effectively, and that
its R&D mission and CBRNE missions are structured in a manner
that best supports the Department's mission.
Sec. 119. Activities related to children.
This section amends the Homeland Security Act of 2002
requiring the Department of Homeland Security to consider the
needs of children in homeland security planning. This section
is similar to H.R. 1372, which passed the House by voice vote
on April 25, 2017.
Subtitle B-Human Resources
Sec. 121. Chief Human Capital Officer responsibilities.
Section 121 amends the Homeland Security Act of 2002 to
improve morale, employee engagement, and communications within
the Department of Homeland Security work force by conferring
new responsibilities to the Chief Human Capital Officer and
allowing for the designation of a Chief Learning and Engagement
Officer, who will assist with work force planning and employee
development. Additional responsibilities of the Chief Human
Capital Officer include carrying out an assessment of the
learning and developmental needs of employees in supervisory
and non-supervisory roles across the Department and maintenance
of a catalogue of available employee development opportunities
and ensuring that employee discipline and adverse action
programs comply with all pertinent laws, regulations, guidance,
and ensure due process for employees.
Sec. 122. Employee engagement steering committee and action plan.
Section 122 establishes an employee engagement steering
committee at the Department of Homeland Security to help
improve employee morale. The Committee is to be comprised of
representatives from operational components, headquarters, and
field personnel that are supervisory and non-supervisory as
well as labor organizations that represent Department
employees. The committee is required to (1) identify factors
that have a negative impact on employee engagement, morale and
communications within the Department by collecting employee
feedback; (2) identify, develop and distribute initiatives and
best practices to improve employee engagement, morale and
communications within the Department; (3) monitor component
efforts to address these factors; and (5) advise to the
Secretary on efforts to improve employee engagement, morale,
and communications within the Department. It further requires
the Secretary, acting through the Chief Human Capital Officer,
to issue an action plan reflecting the input from the employee
engagement steering committee, as well as require the head of
each component to then develop and issue a component-specific
employee engagement plan.
Additionally, this section shall terminate 5 years after
the date of enactment of this section.
Sec. 123. Annual employee award program.
Section 123 authorizes an annual employee award program at
the Department of Homeland Security to recognize employees who
have made significant contributions to the Department's
mission. An internal review board comprised of Department
personnel shall submit to the Secretary award recommendations
regarding specific employees or groups of employees. The
internal review board shall consult with representatives from
operational components and headquarters, including supervisory
and non-supervisory personnel, and employee labor organizations
that represent Department employees.
Sec. 124. Independent investigation and implementation plan.
Section 124 directs the Comptroller General to investigate
whether discipline and adverse actions are handled in an
equitable and consistent manner across the Department for
misconduct by a non-supervisory or supervisory employee.
Sec. 125. Center for faith-based and neighborhood partnerships.
This section codifies the Center for Faith-Based and
Neighborhood Partnerships, which coordinates outreach and
collaboration efforts between the emergency management
community and faith-based and community organizations, provides
guidance to places of worship on how to secure their
facilities, and engages with local communities on the
Department's Blue Campaign, among other things.
Sec. 126. Timely guidance to DHS personnel regarding Executive
Orders.
Section 126 requires, to the maximum extent practicable,
the Secretary to, in coordination with relevant component
heads, make every effort to provide to relevant Department
personnel written guidance regarding how an Executive Order is
to be implemented, before any Executive Order affecting
Departmental functions, programs, or operations takes effect.
Sec. 127. Secretary's responsibilities regarding election
infrastructure.
Section 127 requires the Secretary to continue to
prioritize the provision of assistance, on a voluntary basis,
to State and local election officials in recognition of the
importance of election infrastructure.
TITLE II-DEPARTMENT OF HOMELAND SECURITY ACQUISITION ACCOUNTABILITY AND
EFFICIENCY
Sec. 201. Definitions.
Section 201 adds a series of acquisition related
definitions that will apply to the acquisitions title of the
Act. These include: acquisition, acquisition decision
authority, acquisition decision event, acquisition decision
memorandum, acquisition program, acquisition program baseline,
best practices, breach, congressional homeland security
committees, life cycle cost-as currently defined in the Federal
Acquisition Regulation, and major acquisition program.
Subtitle A-Acquisition Authorities
Sec. 211. Acquisition authorities for Under Secretary for Management
of the Department of Homeland Security.
Section 211 codifies the Under Secretary for Management
(USM) as the Chief Acquisitions Officer for the Department with
the authority to approve, pause, modify, or cancel major
acquisition programs. It also includes a requirement that each
major acquisition program have documentation showing it has a
Department-approved Acquisition Program Baseline (APB) and is
meeting agreed-upon cost, schedule, and performance
requirements. It also charges the USM with overseeing the
organizational structure for acquisitions operations throughout
the Department. The USM is responsible for ensuring acquisition
decision memoranda (ADM) adequately document decisions made at
acquisition decision events (ADE) including any affirmative
determination of contractor responsibility at the down
selection phase, in addition to any other significant
procurement decisions related the acquisition at issue. The
Committee intends for the USM to only include information on
any affirmative determination of contractor responsibility in
ADMs at approval points for low rate production for testing
purposes or for full production and deployment of a system. The
USM or designee shall determine what actions meet the criteria
for a ``significant procurement decision.'' This must occur
before the USM can delegate Acquisition Decision Authority to
the relevant Component Acquisition Executive. Section 211
allows for additional scrutiny and oversight for certain non-
major acquisitions.
Section 211 also requires the USM to cooperate with the
Under Secretary for Science and Technology (S&T) in
acquisitions, so that S&T can support current and future
requirements more effectively. This section also requires that
the USM ensures component heads comply with Federal law,
Federal Acquisition Regulation (FAR), and Departmental
acquisition directives.
Sec. 212. Acquisition authorities for Chief Financial Officer of the
Department of Homeland Security.
Section 212 requires the Department's Chief Financial
Officer to oversee acquisition program costs to ensure that
acquisition programs are affordable over the program's life-
cycle.
Sec. 213. Acquisition authorities for Chief Information Officer of
the Department of Homeland Security.
Section 213 authorizes the Chief Information Officer (CIO)
to oversee the management of the Homeland Security Enterprise
Architecture and to provide recommendations to the Acquisition
Review Board on IT programs and IT acquisition strategic
guidance. Section 213 also requires the CIO to ensure, in
consultation with the USM, that IT acquisition programs comply
with IT management processes, technical requirements, and
management directives.
Sec. 214. Acquisition authorities for Program Accountability and Risk
Management.
Section 214 establishes the Program Accountability and Risk
Management (PARM) office within the Department to provide
accountability and consistency to components' major acquisition
programs, as well as serve as the central oversight function
for the Department and support the ARB. This section does not
create a new office within DHS, as PARM is the current entity
within DHS with these responsibilities.
Section 214 authorizes the PARM Executive Director to
oversee PARM's role in monitoring the performance of DHS
acquisition programs, assisting the USM in managing acquisition
programs, and developing certification standards in
consultation with CAEs for all acquisition program managers.
Section 214 also authorizes PARM to prepare and make
available to Congress the DHS Comprehensive Acquisition Status
Report (CASR). This section also requires Components to follow
Federal law, the Federal Acquisition Regulation (FAR), and DHS
acquisition management directives, among other things.
Section 214 further requires DHS components to submit
certain acquisition documentation as part of the CASR, unless a
waiver is granted. Any waiver must be submitted to Congress
along with the grounds on which it was granted.
Sec. 215. Acquisition innovation.
Section 215 allows for the USM to designate an individual
within the Department to manage acquisition innovation efforts;
test, develop, and distribute acquisition best practices
throughout the Department; establish performance metrics to
evaluate the effectiveness of those efforts; and determine
impacts of acquisition innovation efforts on the private
sector, including small businesses.
Section 215 also allows for the USM to obtain feedback from
the private sector on acquisition innovation efforts and
incorporate such feedback into future activities. Further, this
section effectively codifies innovation activities executed by
the current Chief Procurement Officer of the Department, such
as the Procurement Innovation Lab. Section 215 also requires
the Department to provide a report to the House and Senate
homeland security committees each year on acquisition
innovation activities executed in the prior year. This will
assist Congress in determining whether the Department is
effectively executing its acquisition innovation efforts. The
report must include information on (1) tested acquisition best
practices, (2) efforts to distribute related best practices
within the Department, (3) utilization of best practices by
components, (4) results of performance metrics, (5) outcomes of
efforts to distribute best practices throughout the Department,
(6) any impacts of acquisition innovation activities on the
private sector and small businesses, (7) the criteria used to
identify specific acquisition programs or activities to be
included in efforts and their associated outcomes, and (8) any
recommendations that could improve acquisition practices in the
Department.
The private sector is a vital element of the homeland
security enterprise and it is essential that the Department
proactively engage with industry partners, particularly as the
Department's acquisition innovation efforts directly impact
them. As a result, it is vital that DHS reach out to industry
to identify areas for improvement as it relates to acquisition
innovation efforts and incorporate its feedback as necessary.
The Committee strongly believes that DHS should engage with the
private sector, and in particular small businesses, when
attempting to improve the very acquisition and procurement
processes in which the Department seeks their participation.
Subtitle B-Acquisition Program Management Discipline
Sec. 221. Acquisition Review Board.
Section 221 codifies the Acquisition Review Board and
requires the board to review, on a regular basis, foundational
acquisition documents of each major acquisition program,
including the Acquisition Program Baseline (APB), which contain
cost, schedule, and performance requirements. It does not
create a new board within DHS because the ARB already exists.
The board must meet at any time a major acquisition program
requires authorization to proceed from one decision event to
another, is in breach of its approved requirements, or requires
additional review under determined by the Under Secretary for
Management.
Section 221 includes provisions to strengthen
accountability and uniformity within the DHS acquisition review
process. Section 221 seeks to prevent delays in the acquisition
process by requiring the ARB to meet regularly to ensure all
major acquisition programs proceed through the acquisition
process in a timely manner.
Section 221 authorizes the ARB to conduct systematic
reviews of acquisitions and consider tradeoffs among cost,
schedule, and performance objectives as part of the process for
developing requirements, among other things.
If the USM approves a major acquisition program to proceed
without an APB, Section 221 requires a report to Congress with
the justification for the decision. To ensure component buy-in,
this section also requires that at least two component heads or
their designees permanently serve on the ARB.
Sec. 222. Requirements to reduce duplication in acquisition programs.
Section 222 requires DHS to establish policies to reduce
unnecessary duplication and inefficiency for all DHS
investments, including major acquisition programs. In
fulfilling this requirement, the Deputy Secretary shall consult
with the Under Secretary for Management, Component Acquisition
Executives, other relevant DHS officials, advisors from
Federal, State, Local, and Tribal governments, nonprofits, and
the private sector. The Deputy Secretary is also given
responsibilities to ensure that major acquisitions and
investments decisions are well reasoned and are not
unnecessarily duplicative or inefficient.
Sec. 223. Department leadership council.
Section 223 authorizes the Secretary to establish, if
deemed necessary, a Departmental leadership council to ensure
coordination of programs and activities of DHS. The mission of
the leadership council shall be to (1) validate joint
requirements to meet the mission needs of DHS, (2) ensure
appropriate efficiencies are made among the life-cycle cost,
scheduled, and performance objectives in the approval of joint
requirements, (3) make prioritized capability recommendations
for joint requirements, and (4) other matters assigned by the
Secretary and Deputy Secretary. The leadership council shall be
composed of senior officials representing components and a
chairperson appointed by the Secretary. The Secretary would
also be required to ensure that the Future Years of Homeland
Security Program is consistent with any recommendations of a
leadership council.
Sec. 224. Government Accountability Office review of Board and of
requirements to reduce duplication in acquisition programs.
Section 224 requires the Government Accountability Office
to conduct a review of the Acquisition Review Board established
in Section 221.
Sec. 225. Excluded party list system waivers.
Section 225 requires the Secretary to submit to Congress
within 5 days, notice and explanation for any waiver issued to
a contractor in the Excluded Party List System.
Sec. 226. Inspector General oversight of suspension and debarment.
Section 226 allows the DHS Inspector General to audit
decisions about grant and procurement awards to identify any
improper awards to debarred entities. It also requires the DHS
Inspector General to review the suspension and debarment
program throughout DHS to assess whether criteria are
consistently applied.
Subtitle C-Acquisition Program Management Accountability and
Transparency
Sec. 231. Congressional notification for major acquisition programs.
Section 231 requires internal notification reporting within
DHS for breaches and a remediation plan (this is currently
already required in DHS policy). This section also requires
program managers (PMs) to conduct a root cause analysis to
determine the cause(s) of the breach and requires congressional
reporting for actual breaches that occur with cost overruns
greater than 15 percent of the acquisition program baseline
(APB), or with a schedule delay of more than 180 days in the
delivery schedule specified in the acquisition program
baseline, or with an anticipated failure for any key
performance threshold or parameter specified in the APB.
Additionally, if a likely cost overrun is greater than 20
percent or a likely delay is greater than 12 months from what
is in the APB, then the USM must notify Congress.
Sec. 232. Multiyear Acquisition Strategy.
Section 232 requires the Secretary to submit to the House
and Senate homeland security committees and the Comptroller
General of the United States a multiyear acquisition strategy
to guide the overall direction of DHS acquisitions within 1
year of the bill's enactment. Every year thereafter, the
Secretary must update and include that strategy in each Future
Years Homeland Security Program report already required by
section 874 of the Homeland Security Act of 2002. Section 232
also requires the Secretary to consult with headquarters,
components, employees in the field, industry, and the academic
community when developing the strategy. The strategy must allow
flexibility to deal with ever-changing threats, risks, and
technology to help industry better understand, plan, and align
resources to meet the future acquisition needs of DHS.
Section 232 requires the Secretary to include the following
elements in the strategy:
A prioritized list of acquisition investments;
A plan to develop a reliable DHS-wide inventory of
investments and real property assets;
A plan to address known funding gaps between
requirements and resources for acquisitions;
An identification of test, evaluation, modeling, and
simulation capabilities required to leverage emerging
technology and R&D trends;
A focus on flexible solutions to allow needed
incentives and protections for appropriate risk-taking
to meet acquisition needs with resiliency, agility, and
responsiveness;
A focus on incentives for program managers and senior
Department acquisitions officials to achieve cost
savings;
An assessment of ways to address delays and bid
protests;
A focus on ways to increase outreach to key
stakeholders that includes methods to engage small and
disadvantaged businesses and guidance for interaction
by program managers with key stakeholders to prevent
misinterpretation of acquisition regulations;
A plan to ensure competition or the option of
competition for major acquisition programs; and
A plan to address DHS acquisition work force
accountability that identifies the acquisition work
force needs of each Component and develops options for
filling those needs. This plan shall also address ways
to improve recruitment, hiring, training, and retention
of DHS acquisition work force personnel to retain
highly qualified personnel, among other things.
Section 232 also requires GAO to review the Department's
multiyear acquisition strategy within 6 months of the Secretary
submitting the first strategy. The review shall assess the
Department compliance with Section 2's requirements,
establishment of clear connections between DHS objectives and
acquisition priorities, and demonstrate that acquisition policy
reflects acquisition best practices, among other things.
Sec. 233. Acquisition reports.
Section 233 requires the Under Secretary of Management
(USM) to submit to Congress an annual comprehensive acquisition
status report. The report must include information required as
part of the DHS Appropriations Act of 2013, a listing of
programs canceled, modified, paused or referred to the USM or
Deputy Secretary for additional oversight, and a listing of
established Executive Steering Committees that are involved in
certain acquisition decision events. For each major acquisition
program, the report must include a narrative description, the
Acquisition Review Board status of the acquisition, the most
current and approved program baseline, a comparison of the
original acquisition program baseline, the current program
baseline and current cost estimate, whether independent
verification and validation has been implemented, a rating of
cost risk, schedule risk, and technical risk, the contract
status, and lifecycle cost of the acquisition.
Section 233 also requires DHS component heads to identity
to the USM all level of their respective level 3 acquisition
programs, and the USM must certify to congressional homeland
security committees whether such component heads have properly
identified such programs no later than 30 days after receipt of
such information. To do so, the USM would be required to
establish a process with a repeatable methodology to
continually identify level 3 acquisition programs. Component
heads would also have to submit to the USM their respective
polices and guidance for level 3 acquisition programs, and the
USM would be required to certify to congressional homeland
security committees that the respective policies and guidance
adhere to Department-wide acquisition policies.
TITLE III-INTELLIGENCE AND INFORMATION SHARING
Subtitle A-Department of Homeland Security Intelligence
Enterprise
Sec. 301. Homeland intelligence doctrine.
A detailed evaluation of the Department's Intelligence
Enterprise conducted by the Committee during the 114th Congress
found that disparate guidance for the intelligence components
within the Department of Homeland Security (DHS) undermined the
Departments ability to fully utilize important data and
analysis. On December 13, 2016, the Committee released a report
recommending that the Department ``should develop and issue a
Departmental Intelligence Doctrine, using relevant Component
policies and [Intelligence Community] Directives as a starting
point.''\1\
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\1\ House Homeland Security Committee Majority Staff Report,
``Reviewing the Department of Homeland Security's Intelligence
Enterprise,'' December 2016.
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During the course of the Committee's oversight, series of
senior current and former intelligence officials and experts
specifically identified the Department's Chief Intelligence
Officer (CINT) (which also serves as the DHS Undersecretary for
Intelligence and Analysis) as the best individual within the
Department to produce this doctrine.
This section requires the Secretary, acting through the
Chief Intelligence Officer and in coordination with other DHS
entities, to develop and disseminate a written Department-wide
guidance regarding the processing, analysis, production, and
dissemination of homeland security information and terrorism
information. This section also requires that the guidance be
submitted in unclassified form with a classified annex as
appropriate.
Sec. 302. Analysts for the Chief Intelligence Officer.
This section amends section 201(e)(1) of the Homeland
Security Act to include the requirement that the Secretary
provide the Chief Intelligence Officer with an experienced and
qualified staff. Currently, the Homeland Security Act only
mandates staff for the Under Secretary of Intelligence and
Analysis and the Under Secretary of Infrastructure Protection.
Though this section does not authorize any new funds for
this staff, it recognizes the role of the CINT within the
Department, including existing detailed staff to the CINT
mission. The Department has dedicated some existing staff
within the Office of Intelligence and Analysis (I&A), Customs
and Border Protection (CBP), Transportation Security
Administration (TSA), and National Protection Programs
Directorate (NPPD) to support the CINT's mission. This section
will ensure that a small number of existing DHS personnel
remain dedicated to carrying out CINT-related missions focused
on coordinating and enhancing the DHS Intelligence Enterprise.
Sec. 303. Annual homeland terrorist threat assessments.
Throughout the Second Session of the 114th Congress, the
Committee undertook a department-wide examination of the
Department of Homeland Security's structure and mission. As
part of this effort, numerous senior experts reiterated that
the Department has a unique ability to draw data from multiple
components, partner agencies, and State and local authorities.
Yet nearly all survey respondents and roundtable participants
who took part in this effort, as well as a number of other
experts, agreed that DHS could improve or increase the use of
intelligence, threat assessments, and similar information, into
policy and planning. Similarly, experts were critical of the
Department's use of information unique to DHS components in the
development of their intelligence products. These points were
further described in the Committee's Department of Homeland
Security Intelligence Enterprise report released in December
2016.\2\
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\2\ House Homeland Security Committee Majority Staff Report,
``Reviewing the Department of Homeland Security's Intelligence
Enterprise'', December 2016.
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This section requires the Department to take a long-term
analytical view utilizing Departmental information to identify
emerging and persistent threats to the United States Homeland.
This assessment must be based on analysis of information
gathered by DHS components linked to DHS mission areas. Though
there are examples of similar assessments produced by other
Federal departments and agencies, none rely on unique DHS data,
and it is not clear that these assessments are incorporated
into how the Department plans and considers policy.
By relying on information provided by on-the-ground
professionals, including State and local law enforcement and
the National Network of Fusion Centers, this threat assessment
will be a unique contribution to the Intelligence Community,
policymakers, and local law enforcement. Furthermore, by
requiring the Department to consider specific threats to cyber,
transportation, and border security, in addition to terror
threats, this section ensures that DHS focuses on its core
mission areas. This assessment will inform the Department's
budgeting and planning by clarifying the nature and scale of
the threats DHS is intended to counter.
The assessment must be completed within 180 days of
enactment and must be shared with Congress as a classified
report with appropriate unclassified summaries and annexes.
Sec. 304. Department of Homeland Security data framework.
This section authorizes the Department of Homeland Security
(DHS) Data Framework. The Data Framework is an ongoing
initiative at the Department to connect many of data sets
collected by DHS component agencies to improve vetting
capability for law enforcement, through a system called
Neptune, and intelligence purposes, through the Cerberus
system.
The development of the Data Framework has been challenging
because each dataset held by DHS component agencies is subject
to privacy and legal protections. Additionally, the scope of
the project is complicated given the number of DHS component
agencies and offices, the variety of DHS missions, and the
existence of hundreds of different systems and datasets.
For use in the Cerberus system, which is the Department's
current priority, there are 13 datasets fully or partially
included in the framework.\3\ The four sets fully connected to
the Framework are the Electronic System for Travel
Authorization (ESTA), the Advanced passenger Information System
(APIS), I-94 records for foreign visitors, and the Passenger
Name Record (PNR) system.\4\ Additional systems in progress
include, Secure Flight, Aviation Worker, Border Crossing
Information, and several U.S. Citizenship and Immigration
Services datasets.\5\
---------------------------------------------------------------------------
\3\ Department of Homeland Security briefing slides shared with
the Committee on Homeland Security, June 9, 2017.
\4\ Ibid.
\5\ Ibid.
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The Department initially planned to incorporate at least 20
data sets by the end of 2016\6\ but has refocused on building
full mission capability within the Cerberus system.\7\ Given
the program delays, privacy considerations, and the potential
security value provided by the initiative, the Committee
believes authorizing the Data Framework is important. The
provision includes a deadline of 2 years after enactment for
the Department to ensure the Data Framework includes all
appropriate information linked to critical missions.
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\6\ House Homeland Security Committee Majority Staff Report,
``Reviewing the Department of Homeland Security's Intelligence
Enterprise, December 2016, pg. 37.
\7\ Department of Homeland Security briefing slides shared with
the Committee on Homeland Security, June 9, 2017.
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This section provides the first authorization for the
program, mandates safeguards and training as part of the
process by which appropriate Departmental personnel are able to
access the system and includes important privacy and insider
threat safeguards. The Secretary must ensure information in the
Framework is protected and auditable by requiring mechanisms
for identifying insider threats, security risks, and
safeguarding privacy. The section also includes a requirement
that DHS personnel make information available in a machine-
readable, standard format, to the greatest extent practicable,
to improve the search functionality of the framework.
The Committee believes that the Data Framework has the
potential to greatly enhance the Department's ability to
conduct security vetting and improve vetting against classified
holdings. The section includes requirements for Congress to
receive regular status updates and notification when the Data
Framework is fully operational.
As the Department continues to develop and mature the Data
Framework, it will be crucial for Department personnel to
receive training in how to fully utilize the Framework and
safeguard the information. The Committee directs the Secretary
to ensure all applicable DHS components are sharing relevant
and appropriate information in the Data Framework.
Additionally, the Secretary shall review existing capability
within the Department for data science to ensure that data sets
in the Framework are being utilized to their fullest potential
as allowed under the law. If the Department needs additional
data science resources, the Secretary shall notify the
Committee and make recommendations as necessary.
Sec. 305. Establishment of Insider Threat Program.
This section authorizes the `Department of Homeland
Security Insider Threat and Mitigation Act,' establishes an
internal DHS Steering Committee to manage and coordinate DHS
activities related to insider threat issues and mandates
employee education and training programs.
The Committee believes that an insider threat program is
necessary to standardize Department-wide efforts. The Committee
is concerned that progress across the Department's component
agencies has been uneven and requires more centralized
coordination to ensure that all offices within the Department
reach a baseline standard of effectiveness.
The Committee strongly believes that while insiders with
malicious intent have caused the most serious damage to
national security, most insider incidents occur by unwitting
employees who are not properly trained. The purpose of the
Insider Threat Program is not only to identify and prevent
insiders from damaging the United States, but also to spot
individuals who may demonstrate tendencies of an insider
threat, and intervene through contact with an investigator to
mitigate the activity through education and increased
awareness.
This section also creates a Steering Committee within the
Department to coordinate insider threat efforts across the
Department, and review insider threat cases and issues related
to the Department's critical assets. The Steering Committee
shall be chaired by the Under Secretary for Intelligence and
Analysis and the Chief Security Officer shall serve as the
Vice-Chair. The Steering Committee's membership includes
relevant stakeholders from across the Department and its
component organizations that hold pertinent information to
insider threats.
The Committee believes that a designated Steering
Committee, chaired by senior officials, with a mandate to
develop, execute and manage the daily operations of the
Department's Insider Threat Program, will ensure that a
comprehensive strategy is developed and a thorough assessment
of the Department's critical assets is conducted. The Committee
also believes that the Steering Committee should be responsible
for issuing guidance and training related to insider threats
Department-wide to ensure that all employees and contractors
achieve a consistent-level of understanding and awareness about
the program.
Additional responsibilities for the Steering Committee
include leveraging best practices and technology from across
the Federal Government, industry, and the research community to
implement insider threat solutions that are validated and cost-
effective; developing a timeline for deploying workplace
monitoring technologies, awareness campaigns, and insider
threat training; and developing metrics that indicate the
effectiveness of the program.
In addition to the Department's networks, information and
technology, the Committee believes that the Department's
critical assets include its work force and physical assets. It
is important that the Department consider all its assets when
conducting its risk assessment so that it can prioritize and
allocate resources accordingly.
As part of leveraging best practices and technology, the
Committee notes that according to a survey of Federal IT
managers, more than 40 percent of Federal agencies don't track
data assets on their networks, and therefore they cannot be
sure when and how specific documents are shared or otherwise
exfiltrated.\8\
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\8\ Aaron Boyd, ``Survey: Insider threats target nearly half of
agencies'', C4ISR Networks, September 14, 2015, available at: http://
www.c4isrnet.com/story/military-tech/it/2015/09/14/us- government-
insider-threats-survey/72254846/.
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This section requires the Secretary to submit a report to
Congress no later than 2 years after the date of enactment that
describes how the Department and its components have
implemented the insider threat strategy, the status of the
Department's risk assessment of critical assets, training that
has been provided to Department employees, and information on
the effectiveness of the program. The Committee believes that
the required report in this subsection will assist the
Department in articulating its insider threat strategy, how it
intends to increase awareness of the problem and train
employees on how to identify and report signs of an insider
threat, and collect data that will help it evaluate the
effectiveness of the program as a whole. Finally, this section
provides for definitions used in this section including:
`critical assets,' `insider,' and `insider threat.'
Sec. 306. Threat assessment on terrorist use of virtual currency.
This section requires the Under Secretary for Intelligence
and Analysis to assess the threat posed by the use of virtual
currencies to support designated Foreign Terrorist
Organizations (FTOs), and disseminate the assessment to State,
local, and tribal law enforcement officials via the national
network of fusion centers.
As they have been come increasingly well-known and utilized
more widely, some experts have suggested that virtual
currencies could be used to support criminal or terrorist
activity, as a means of avoiding more formal (and regulated)
financial systems. In 2015 the Department of the Treasury
warned that VCs ``have attracted the attention of various
criminal groups, and may be vulnerable to abuse by terrorist
financiers.''\9\ However, most experts and officials agree,
``there is no more than anecdotal evidence that terrorist
groups have used virtual currencies to support
themselves.''\10\ Still, the Committee is concerned that
terrorists could eventually embrace virtual currencies as a
means of making or moving funds. Toward that end, this section
requires the Department to proactively study the threat this
might pose in doing so, and provide potential solutions.
---------------------------------------------------------------------------
\9\ ``National Terrorist Financing Risk Assessment 2015,'' United
States Department of the Treasury. https://www.treasury.gov/resource-
center/terrorist-illicit-finance/Documents/National Terrorist Financing
Risk Assessment - 06-12-2015.pdf.
\10\ Zachary K. Goldman, Ellie Maruyama, Elizabeth Rosenberg,
Edoardo Saravalle, and Julia Solomon-Strauss, ``TERRORIST USE OF
VIRTUAL CURRENCIES Containing The Potential Threat,'' the Center for a
New American Security, April 2017. https://s3.amazonaws.com/
files.cnas.org/documents/CNASReport-TerroristFinancing-Final.pdf.
---------------------------------------------------------------------------
Sec. 307. Department of Homeland Security counterterrorism advisory
board.
In September 2015, the Committee on Homeland Security's
Task Force on Combating Terrorist and Foreign Fighter Travel
issued a report with 32 findings and more than 50
recommendations for enhancing U.S. security. Among other
conclusions, the Task Force found that Congress should
authorize the DHS Counterterrorism Advisory Board (CTAB)--an
internal body charged with advising the Secretary of Homeland
Security on counterterrorism issues--and ensure it is aligned
with the current threat environment.\11\
---------------------------------------------------------------------------
\11\ Committee on Homeland Security Task Force on Combatting
Terrorist and Foreign Fighter Travel, ``Final report of the Task Force
on Combating Terrorist and Foreign Fighter Travel,'' September 2015,
pg. 31.
---------------------------------------------------------------------------
Established at the behest of the Secretary of Homeland
Security in 2010, the CTAB brings together top DHS officials to
share information and coordinate counterterrorism activities.
The CTAB has improved the Department's ability to respond to
terrorism threats and harmonize counterterrorism programs and
activities across DHS components.
Given that the CTAB has never been authorized in law, there
is a risk that the board will be dismantled and that the
internal DHS gains achieved, with respect to counterterrorism
coordination, will be lost. The Task Force concluded that
authorization in law and updates to the charter would keep the
CTAB on a strong footing so it can be utilized by future DHS
Secretaries and component leaders.
This section inserts a new section 210G into the Homeland
Security Act of 2002 entitled `Departmental Coordination on
Counterterrorism,' establishing a board of senior
representatives of departmental operational components and
headquarters elements to coordinate and integrate departmental
intelligence, activities, and policy related to the
counterterrorism mission and functions of the Department. It
requires the board to update its charter, as appropriate, every
4 years and to align it with the threat environment. This
section further delineates the membership of the board and
requires that Secretary to appoint a Coordinator for
Counterterrorism who will serve as chair of the board. It
requires the board to convene on a regular basis to discuss
intelligence and coordinate ongoing threat mitigation efforts
and departmental activities and to make recommendations to the
Secretary. Finally, this subsection directs the board to advise
the Secretary on the issuance of terrorism alerts.
Sec. 308. Border and gang threat assessment.
Acts of gang-related violence connected to transnational
gangs, including specifically MS-13, have increased across the
country in the last several years. Encompassed in this
disturbing trend is an increase in violence committed by
individuals who have entered the country after being subjected
to vetting through various border security screening programs.
The Committee believes that a review of border security
screening programs to identify and remedy any vulnerabilities
is vital to address this situation. This section directs the
Secretary to conduct this necessary review. It provides the
Secretary with additional responsibilities that require the
Department of Homeland Security (DHS or the Department) to
conduct a threat assessment of these border security screening
programs and to ensure that the borders of the United States
are secure from the threats posed by human smuggling
organizations and transnational gangs. Once this threat
assessment has been completed, this section requires the
Secretary to make a determination if any changes are necessary
to these border security screening programs to address any
security vulnerabilities that have been identified.
Sec. 309. Security clearance management and administration.
The Department of Homeland Security has over 230,000
employees. Across the DHS Enterprise, there are approximately
124,000 clearances with 86,000 at the Secret level, 25,000 at
the Top Secret Level, and 13,000 TS//SCI.\12\
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\12\ Department of Homeland Security Office of Congressional
Affairs email to Committee staff, November 13, 2013.
---------------------------------------------------------------------------
The proliferation of original and derivative classified
material and the exponential growth in the number of
individuals with security clearances present significant costs
and homeland security and national security challenges that
warrant timely action. In addition to the high costs incurred
by the Federal Government to investigate the large number of
individuals for positions requiring security clearances, over-
designations have undoubtedly resulted in the Federal
Government recruiting, hiring, and paying individuals at rates
that are higher than necessary and not hiring individuals who
otherwise have the required knowledge and skills.
This bill seeks to make specific reforms at the Department
with respect to security clearance and position designations
practices. The reforms at DHS are targeted at the designations
of positions and the investigations, adjudications, denials,
suspensions, revocations, and appeals processes for security
clearances.
Within 1 year of enactment, the Secretary is required to
review all sensitivity level designations of national security
positions within the Department. If the Secretary determines
that a change in the sensitivity level of a position is
warranted, the access to the classified information will be
adjusted to an appropriate level and a periodic reinvestigation
will be completed as necessary.
The Secretary is required to report to the House Committee
on Homeland Security and the Senate Committee on Homeland
Security and Government Affairs after completion of each review
to include the number of positions, by classification and
component and office, as well as the determination of whether
the position requires access to classified information, no
longer requires access to classified information, or requires a
different level of access. As an added measure of
accountability, this section also requires the Inspector
General to conduct audits on Departmental compliance.
This section also requires the Secretary to report to the
House Committee on Homeland Security, House Committee on
Oversight and Government Reform, and the Senate Committee on
Homeland Security and Government Affairs on an annual basis for
5 years regarding individuals who have had security clearances
denied, suspended, or revoked. Within 1 year of enactment, the
Secretary must develop a plan for creating greater uniformity
across the Department in the security adjudication process and
ensure that such information is protected.
Subtitle B-Stakeholder Information Sharing
Sec. 311. Department of Homeland Security Fusion Center Partnership
Initiative.
This section amends 210A of the Homeland Security Act to
update existing statutory requirements related to Department of
Homeland Security responsibilities and support for fusion
centers.
As the National Network of Fusion Centers continues to
mature into a national asset, this section adds several new
responsibilities for the Secretary to reflect the current role
of fusion centers in detecting and preventing a terrorist
attack. These new responsibilities include ``coordinating with
the heads of other Federal departments'' to provide operational
and intelligence support, supporting ``the maturation and
sustainment'' of fusion centers, reducing inefficiencies of
Federal resources provided to fusion centers, ensuring that
support to fusion centers is included as a priority in homeland
security grant guidance, coordinating nationwide suspicious
activity reports, ensuring that fusion centers are the focal
points for sharing information, and disseminating best
practices for appropriate State and local staffing at fusion
centers. Additionally, this section addresses concerns the
Members heard from stakeholders that fusion centers do not have
access to certain Federal information and information systems
by requiring the Secretary to become an information sharing
advocate on behalf of fusion centers.
Section 210A(c) is amended to require the Under Secretary
for Intelligence and Analysis to ensure fusion centers have
access to DHS information sharing systems and to deploy
appropriate DHS personnel to fusion centers. Such personnel may
include intelligence officers, intelligence analysts, and other
liaison personnel from DHS component agencies. Furthermore, the
Under Secretary shall negotiate memoranda of understanding
between DHS and appropriate State or local government agencies
regarding how information shall be exchanged and protected
between DHS and fusion centers. This subsection also requires
DHS to coordinate with other Federal agencies regarding
appropriate personnel that should be detailed to fusion
centers. Finally, this subsection requires the Secretary to
make available the criteria used by the Department for
deploying personnel to fusion centers.
Subsection 210A(d), which relates to the responsibilities
of Departmental personnel assigned to fusion centers, is
amended by inserting a new subparagraph (5) to require such
personnel ensure that they are incorporating relevant
information from within the Department, including the
components, in their analysis. The Committee believes the
Department needs to work with fusion center to enhance
Department intelligence information data by including State and
local generated data. The Office of Intelligence and Analysis
is one of the only members of the Intelligence Community that
can directly work with State and local stakeholders.
Subsection 210A(e) is amended to require the Secretary to
prioritize the deployment of resources, including Departmental
personnel, from DHS components with border and maritime
security responsibilities.
Subsection 210A(j) is amended to add a definition for the
``National Network of Fusion Centers.''
Subsection 210A(k) is deleted. This subsection contained
the expired authorization of appropriations. This section is
being removed because the funding for Departmental support to
fusion centers comes largely from the Office of Intelligence
and Analysis, which is funded through the National Intelligence
Program, a classified appropriation. Other funds are available
to State and local governments for fusion centers through
homeland security grant programs.
Additionally, to hold the Department accountable, this
section requires the Under Secretary of Intelligence and
Analysis to report to Congress annually on how the Department
is improving support to fusion centers and meeting the
requirements in Section 210A of the Homeland Security Act. The
reporting requirement sunsets in 2024.
Sec. 312. Fusion center personnel needs assessment.
This section requires the Comptroller General of the United
States, within 120 days of enactment, to conduct an assessment
of Departmental personnel detailed to fusion centers across the
Nation and whether deploying additional Departmental personnel
will enhance homeland security information sharing between
Federal, State, and local departments and agencies. The
assessment will examine the numbers of department personnel
deployed to each fusion centers, information on the roles and
responsibilities of personnel deployed to fusion centers, a
review of additional Federal resources provides to fusion
centers, analysis of the optimal number of such personnel at
fusion centers, information and analysis on fusion centers near
the land and maritime borders of the United States, and
information and analysis on fusion centers near large and
medium hub airports.
There are 79 centers across the country and they have
established the National Network of Fusion Centers to enhance
information sharing and coordination between the individual
centers. In testimony before the Committee, as well as through
numerous briefings and site visits, fusion center personnel
have noted that increasing access to information and expertise
from other parts of the Department, such as Customs and Border
Protection, Immigration and Customs Enforcement, and the
Transportation Security Administration would improve the
National Network's ability to detect and prevent potential
terrorist attacks and other emergencies.
Sec. 313. Program for State and local analyst clearances.
The Committee has heard repeatedly from witnesses and
stakeholders about the need for some State and local analysts
and officials to have higher security clearance levels,
particularly Top Secret and Sensitive Compartmented Information
(TS/SCI) clearances. The witnesses and stakeholders noted that
in order to continue breaking down stovepipes and increasing
information sharing between Federal, State, and local law
enforcement officials, State and local analysts should have Top
Secret clearances in order to understand the entire threat
picture and communicate with Federal personnel about the threat
and terrorism investigations.
This section provides a sense of Congress that any program
established by the Under Secretary of Intelligence and Analysis
to provide eligible State and local analysts located in fusion
center with Top Secret clearances must be consistent with the
need to know requirements pursuant to Executive Order 13526.
Additionally, this section requires the Under Secretary to
submit a one-time report to Congress on the effectiveness of
granting higher clearance levels to State and local officials
to improve information sharing and situational awareness, the
costs for issuing and administering clearances and the
associated training programs, and the operational security of
such program.
Sec. 314. Information technology assessment.
This section requires the Under Secretary of Intelligence
and Analysis, in collaboration with the Chief Information
Officer and representatives from the National Network of Fusion
Centers, to conduct an assessment of information system used to
share homeland security information between the Department and
fusion centers. The assessment shall include an evaluation of
the accessibility and ease of use, a review of how departmental
information systems connect with existing systems in the fusion
centers, and an evaluation of participation levels of
departmental components and offices using information systems
to share information with fusion centers. The Committee has
heard that despite numerous updates to Department's information
systems specifically for State and local partners, there are
still issue with usability and components' connectivity to such
information systems. This section addresses these concerns.
Sec. 315. Department of Homeland Security classified facility
inventory and dissemination.
This section requires the Secretary, to the extent
practicable, to maintain and update an inventory of all
facilities certified by the Department to house classified
infrastructure or systems above the SECRET level. This section
also requires the Secretary to share the inventory, as
appropriate, with Departmental and other governmental
personnel.
Greater transparency in the locations of all facilities
certified by DHS to store classified infrastructure or systems
above the Secret level\13\ will ensure DHS is tracking the
specific locations of all the Department's secure facilities
and making this information available to departmental and State
and local personnel, as appropriate. It will also ensure that
DHS does not unnecessarily invest in new facilities in areas
already covered by a pre-existing facility and thus reduce the
chances for wasteful spending.
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\13\ These facilities are commonly known as Sensitive
Compartmented Information Facilities (``SCIFs''). A SCIF is an
accredited area, room, or group of rooms, buildings, or installation
where sensitive compartmented information may be used, stored,
discussed, and/or processed. [Note: This definition is taken from a
recent IC, DHS, DOJ joint OIG report entitled, ``Review of Domestic
Sharing of Counterterrorism Information.'']
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The significance of DHS personnel gaining access to SCIFs
in the field was highlighted in a joint Intelligence Community,
DHS, and Department of Justice OIG report, published in March
2017, which reviewed the domestic sharing of counterterrorism
information. The report found that while counterterrorism
information is usually classified at the Top Secret level, DHS
personnel lack sufficient access to SCIFs in the field. The
report assesses that the effectiveness of DHS's Office of
Intelligence and Analysis ``as an IC member in particular, is
hampered by its limited access to classified systems and
facilities.'' Section 315 ensures that the physical locations
of all DHS-certified facilities at the Top Secret level will be
known to DHS personnel, including field personnel, as
appropriate, and arrangements can be made for access.
In regards to State, local, tribal, and territorial (SLTT)
partners, according to a DHS fact sheet, as of February 2017,
SLTT personnel applying for a DHS sponsored Top Security
clearance must provide documentation that clearly articulates
the facility where Top Secret information will be accessed.
However, the Committee has found that the locations of these
facilities or not readily available to SLTT partners, which can
pose unnecessary barriers in the security clearance nomination
process. The requirement that the locations of these facilities
to be made available to SLTT personnel, as appropriate, will
assist in eliminating unnecessary impediments that could
prevent or delay these stakeholders from applying for Top
Secret security clearances. Last, section 315 also intends to
assist SLTT personnel with active Top Secret clearances seeking
to locate the nearest DHS-certified facility in which they can
access systems and information above the Secret level.
Sec. 316. Terror inmate information sharing.
This section directs the Secretary, in coordination with
the Attorney General and other appropriate Federal officials,
to provide fusion centers and other law enforcement entities,
as appropriate, with release information related to individuals
incarcerated for terror-related offenses as defined under Title
18 U.S.C. Section 2332b. This information is to be provided by
the Secretary for Homeland Security purposes. The Secretary
must also conduct periodic assessments on the overall threat
posed by known or suspected terrorists currently incarcerated
in Federal correctional facilities, including the risk of such
populations engaging in terrorist activities upon release. In
carrying out these authorities the Secretary is required to
receive input from the Officer for Civil Rights and Civil
Liberties, the Officer for Privacy, and the Chief Intelligence
Officer of the Department of Homeland Security (DHS or the
Department). Section 316 does not require or give the
Department the right or responsibility to establish a list or
registry of individuals convicted of terrorism.
The Committee believes the new responsibilities added to
the Secretary under this section will help mitigate the risk
posed by individuals in Federal prison for crimes of terrorism
who will be released. This situation must be addressed with
consistent, proactive information sharing among Federal
agencies, including the Department, the Bureau of Prisons, and
State and local partners.
This section directs the Secretary to engage in a
consistent, proactive information sharing process by
coordinating with appropriate Federal officials and reaching
out to State, local, and regional fusion centers and other law
enforcement entities with release information related to
individuals incarcerated for terror-related offenses.
Additionally, the periodic assessment requirement will ensure
that the Secretary communicates with appropriate Federal
officials as well as State, local, and regional fusion centers
on the overall threat from individuals who are known terrorists
currently incarcerated in Federal prison, including the risk of
recidivism of these populations upon release.
The Department is best suited to provide this information
to State, local, and regional fusion centers due to existing
relationships and systems that have been developed between the
Department and these entities. Requiring the collection and
dissemination of this information does not impose any new
requirements on the Bureau of Prisons, as it routinely shares
this same information with other Federal partners. The
Committee believes that a Memorandum of Understanding between
the Secretary and the Attorney General is the appropriate
vehicle to facilitate passing this inmate release information
to the Department from the Bureau of Prisons.
Sec. 317. Annual report on Office for State and Local Law
Enforcement.
This section amends Section 2006(b) of the Homeland
Security Act to require the Office for State and Local Law
Enforcement (OSLLE) to provide an annual report on their
activities for next 5 years. This report must include details
of the efforts of the office to coordinate with and improve
information sharing between the DHS component agencies, and
State, local, and tribal law enforcement; a review of efforts
made to improve information sharing through the DHS Homeland
Security Information Network (HSIN); the status of performance
metrics OSLLE uses; feedback they receive from State, local,
and tribal partners; and a description of other ongoing efforts
to meet their statutory mandates.
As the Department's primary liaison between DHS and State
and local law enforcement agencies, it is critical OSLLE
maintains a robust relationship with these key stakeholders.
The production of an annual report detailing OSLLE's activities
will encourage this office to continually identify gaps and
areas for improvement in the Department's information sharing
efforts with State and locals, and coordinate with relevant DHS
component agencies to close these gaps. The requirement that
OSLLE provides performance metrics and details on the feedback
the office receives from State and locals will provide much
needed assistance to the Committee in its oversight of this
office.
Sec. 318. Annual catalog on Department of Homeland Security training,
publications, programs, and services for State, local, and
tribal law enforcement agencies.
This section amends section 2006(b)(4) of the Homeland
Security Act to require the Office of State and Local Law
Enforcement (OSLLE) to produce and disseminate an annual
catalog that summarizes opportunities for training,
publications, programs, and services available to non-Federal
law enforcement agencies from the Department, and disseminate
it to State and local law enforcement entities within 30 days
of production. In furtherance of its role as the Department's
liaison to State and local law enforcement it is incumbent on
the OSLLE to proactively identify ways in which the Department
can support these important stakeholders. This section promotes
these efforts by requiring the OSLLE to continue to produce
this resource and ensuring that the services described in the
catalog are relevant and useful to State and locals.
This section also requires DHS to share the catalog through
the Homeland Security Information Network (HSIN) and share a
copy with the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate. This catalog is a product
OSLLE currently produces. This section will require them to
continue to do so. By requiring the OSLLE to share this catalog
on HSIN, section 318 encourages OSLLE to utilize this important
information sharing platform that many State and local law
enforcement partners rely upon to receive information from the
Department. It also ensures this catalog reaches as many of
these stakeholders as possible.
Furthermore, this section adds a new requirement for OSLLE
to coordinate with other DHS components and Federal agencies to
develop and share information on other Federal resources
available to enhance fusion center access to information and
resources.
TITLE IV-MARITIME SECURITY
Sec. 401. Strategic plan to enhance the security of the international
supply chain.
This section requires DHS Secretary submit a strategic plan
to Congress every 3 years to address threats to the
international supply chain.
Specifically, this section requires an updated strategy,
and a subsequent updated strategic plan to be submitted to
Congress every 3 years. This ensures that the strategy to
secure the highly complex international supply chain, which is
responsible for 30 percent of the U.S. economy, is adapting to
the present threat environment.
Congress has not received a Strategic Plan to Enhance the
Security of the International Supply Chain since the initial
passage of the Safe Port of 2006. The Committee believes that
as threats to our supply chain and ports evolve, so must our
whole of government approach to security.
Sec. 402. Container Security Initiative.
This section is a clerical change to existing Container
Security Initiative (CSI) language that removes the requirement
for an outdated report.
CSI is a valuable security program that detects and
resolves threats before it reaches our shores and the Committee
strongly supports it.
Sec. 403. Cyber at ports.
This section amends the Maritime Transportation Security
Act (MTSA) and formally gives the United States Coast Guard
(USCG) responsibility for cybersecurity at ports. While USCG
does not currently have operational authority of cybersecurity
at ports, it is responsible for ensuring that cybersecurity is
part of the USCG approved facility security plan for ports.
With the language proposed in this section, this will be
formally codified in MSTA.
Additionally, this section requires the Coast Guard to
share information related to cybersecurity risks and incidents
among port partners through the National Maritime Advisory
Committee.
The Committee believes that our ports and the automated
systems that control them are vulnerable to cyber-attacks,
which could be devastating to the transit of international
commerce. While USCG inspects and approves what are known as
``facility security plans'' at ports twice a year, these plans
are not currently required to have a cybersecurity strategy.
The Committee believes that requiring facility operators to
have a cyber security plan, and providing them with a mechanism
to share best practices and receive current intelligence, is
critical to maintaining the uninterrupted flow of maritime
commerce and the security of our ports.
Sec. 404. Facility inspection intervals.
Under the Maritime Transportation Security Act (MTSA), USCG
is currently required to verify and inspect the implementation
of a port's facility security plan twice a year: once
announced, and once unannounced. This section amends MTSA to
require inspections at every facility at least once a year, but
allows USCG to complete additional inspections in a risk-based
manner, given a limited number of resources.
This section ensures that both the low-risk grain terminal
and the high-risk LNG terminal are inspected at least once a
year, but allows USCG to prioritize the highest risk and
conduct only one inspection of the grain terminal, and three
inspections of the LNG terminal if deemed necessary. The
Committee believes that by giving USCG the flexibility to
conduct port inspections in a risk-based manner it will
increase the security of our most vulnerable ports. For
example, currently, both a grain terminal and a Liquid Natural
Gas (LNG) terminal are required to be inspected by the USCG
twice a year.
Sec. 405. Updates of maritime operations coordination plan.
This section directs the DHS Secretary to update the
Maritime Operations Coordination Plan (MOC-P) to decrease
duplicative operations between the USCG and CBP AMO. The last
MOC-P was signed in 2011 and many of its provisions were never
actualized by DHS. Updating the MOC-P is also a DHS OIG
recommendation in a recent report on USCG and CBP AMO
duplicative operations.
The Committee is concerned with the continued lack of DHS
interagency cooperation and a duplication of efforts,
particularly in the maritime domain. Updating the MOC-P will
allow the Department to take a renewed look at how to best
allocate maritime resources.
Sec. 406. Evaluation of Coast Guard Deployable Specialized Forces.
This section directs the DHS Secretary to update the
Maritime Operations Coordination Plan (MOC-P) to decrease
duplicative operations between the USCG and CBP AMO. The last
MOC-P was signed in 2011 and many of its provisions were never
actualized by DHS. Updating the MOC-P is also a DHS OIG
recommendation in a recent report on USCG and CBP AMO
duplicative operations.
The Committee is concerned with the continued lack of DHS
interagency cooperation and a duplication of efforts,
particularly in the maritime domain. Updating the MOC-P will
allow the Department to take a renewed look at how to best
allocate maritime resources.
Sec. 407. Cost benefit analysis of co-locating DHS assets.
This section requires the Comptroller General to submit to
Congress a report that describes and assesses the State of the
Coast Guard's homeland security related Deployable Specialized
Forces (DSF). This report will address the cost, capability and
operations completed as part of the program. This report will
also provide recommendations for future coordination of the
DSF.
The Committee believes the DSF provides the Coast Guard
with a necessary counter-terrorism, anti-terrorism and counter-
narcotic capability. However, the Committee is concerned that
some of the high-cost capabilities of the DSF have not provided
tangible operational results to date. The Coast Guard made many
changes following the Stem to Stern Review of the Deployable
Specialized Forces and this section will provide additional
insight for the future direction of the DSF program.
Sec. 408. Repeal of interagency operational centers for port security
and secure systems of transportation.
This section requires DHS to examine locations where both
CBP AMO and the USCG have maritime or aviation assets deployed
and to determine the potential for cost savings through co-
location. The Committee strongly believes that where
operationally feasible, DHS should maximize limited resources
and increase operational efficiencies.
Sec. 409. Maritime security capabilities assessments.
This section repeals the mandate for brick and mortar
interagency operations centers, giving the Department the
flexibility to proceed with virtual situational awareness tool
or to leverage existing, proven, interagency coordination
mechanisms such as the Regional Coordinating Mechanisms
(RECOMs), or the newly enacted Border Security Joint Task
Forces to accomplish the same goal.
This section also repeals an obsolete section in U.S. Code
(46 U.S.C. 70116) that was updated by the Safe Port Act of 2006
and never repealed.
Sec. 410. Conforming and clerical amendments.
This Section requires the Secretary of the Department of
Homeland Security to submit a report to the congressional
homeland security committees that details how many maritime
assets and personnel the Department would need to increase the
interdiction rate of illicit activity in the Transit Zone.
The Committee is concerned that, with the current force
laydown and current resource constraints, the Coast Guard is
only able to interdict 30 percent of known illicit drug loads
moving through the Transit Zone. This reporting requirement
will provide a valuable addition to metrics already required by
the 2017 National Defense Authorization Act (Pub. L. 114-328)
to identify the number of assets and personnel required to
increase the Department's interdiction rate of known illicit
activity in the Transit Zone.
TITLE V-TRANSPORTATION SECURITY ADMINISTRATION
Subtitle A-Administration
Sec. 501. Amendments to the Homeland Security Act of 2002 and title
5, United States Code.
This section amends the Homeland Security Act of 2002 to
re-establish the official position and title of the
Administrator of the Transportation Security Administration
(TSA). It also amends Title 5 of the United States Code to add
the Administrator as an officer of the Department of Homeland
Security (DHS) and ensure that the Administrator's level and
pay rate are appropriate for an Assistant Secretary.
When TSA was transferred to DHS from the Department of
Transportation via the Homeland Security Act of 2002, the
Administrator's position, title, and level did not transfer
along with it. This section addresses these gaps by reinstating
the Administrator as an Assistant Secretary within DHS.
Sec. 502. Amendments to title 49, United States Code.
This section amends Title 49 of the United States Code to
reflect current policy by ensuring that the TSA Administrator,
DHS, and the DHS Secretary are included in the appropriate
places in Federal statute. This clarifies that TSA is a
component of DHS and ensures that the Administrator has the
appropriate title and the 5-year term originally intended by
Congress. This section also establishes and updates offices and
positions within TSA to ensure that it can successfully carry
out its mission. This includes the Deputy Administrator; the
Office of Public Affairs; the Office of Civil Rights,
Liberties, Ombudsman, and Traveler Engagement; the Office of
Legislative Affairs; the Office of Finance and Administration;
the Office of the Chief of Operations; the Office of the Chief
of Mission Support; the Office of the Chief Counsel; and the
corresponding heads of such offices.
When TSA was transferred to DHS from the Department of
Transportation via the Homeland Security Act of 2002, the
Administrator's original 5-year term did not transfer along
with it. This section reinStates that 5-year term to ensure
consistent leadership at TSA, as originally intended by
Congress. Additionally, the transfer of TSA and the absence of
any authorization legislation since has left many outdated
titles, roles, and responsibilities. This section addresses
those issues by updating Federal statute to conform to current
policy and practice.
Sec. 503. Amendments to the Aviation and Transportation Security Act.
This section amends the Aviation and Transportation
Security Act (ATSA) to ensure that Federal statute accurately
reflects current policy and appropriate roles of TSA.
ATSA, which created TSA in 2001 after the 9/11 terrorist
attacks, contains outdated titles and responsibilities. This
section modernizes ATSA by updating the titles and
responsibilities appropriate for TSA's current mission.
Sec. 504. Information required to be submitted to Congress under the
strategic 5-year technology investment plan of the
Transportation Security Administration.
This section amends the Homeland Security Act of 2002 to
require TSA to annually report to Congress information about
technological acquisitions completed in the preceding and
current fiscal year. The section also directs the Administrator
of TSA to submit to Congress notice of any increase or decrease
in the dollar amount allocated to the procurement of a
technology or increase in the number of units of a technology.
Additionally, this section requires the Administrator to submit
to Congress a report on technology in use after its operational
lifecycle or its useful life projection, as specified by either
the manufacturer or TSA's own 5-year technology investment
plan. Finally, TSA is required to notify airports and airlines
of any changes to the 5-year technology investment plan.
Congress previously enacted legislation to require a 5-year
technology investment plan for TSA, in order to provide greater
transparency for policymakers and stakeholders into the
direction TSA intends to go in technology procurement.
Unfortunately, TSA issued disparate strategic guidance among
different documents, thus continued to cause confusion among
industry stakeholders. This legislation will ensure that TSA's
5-year plan is updated more consistently and that Congress and
stakeholders are informed of any changes in procurement costs.
Sec. 505. Maintenance of security-related technology.
This section amends the Homeland Security Act of 2002 by
requiring the Administrator to develop and implement a
preventative maintenance validation process for security-
related technology deployed to airports within 180 days of
enactment. This process must provide guidance to Administration
personnel at airports on how to conduct and document
preventative maintenance actions, as well as mechanisms for the
Administrator to verify compliance with the newly implemented
procedures.
Additionally, this section specifies that when preventative
maintenance is carried out by a contractor additional reporting
and verification processes must be put into place. The
contractors must provide the appropriate Administration
personnel with monthly preventative maintenance reports that
include information on what specific actions were carried out
by the contractor, notification to appropriate Administration
personnel when maintenance action is completed, and an
independent process to verify the contractor's claims.
Last, this section requires the Administrator to impose
penalties for noncompliance when preventative and/or corrective
maintenance does meet contractual requirements or manufacturer
specifications.
The Department of Homeland Security Office of the Inspector
General recently issued a report entitled ``The Transportation
Security Administration Does Not Properly Manage Its Airport
Screening Equipment Maintenance Program'' (DHS OIG-15-86) which
examined the TSA's airport screening equipment maintenance
program and determined that adequate policies and procedures
had not been implemented. This has resulted in equipment not
being maintained to the specifications required by the
manufacturer. Additionally, TSA did not have adequate policies
to oversee if the routine preventative maintenance was
accomplished resulting in equipment not being ready for
operational use. This could shorten the operational life of
some equipment and incur unnecessary costs to replace it.
Additionally, the equipment, if not properly maintained, has
the potential to be less effective at detecting dangerous
items, which could jeopardize passenger and airline safety.
Sec. 506. Transportation Security Administration efficiency.
This section requires the Administrator to conduct a
comprehensive, agency-wide efficiency review to identify and
effectuate spending reductions and savings by streamlining and
restructuring TSA. In the review, the Administrator shall
consider the elimination of unnecessarily duplicative programs;
the elimination of unnecessary rules, regulations, directives,
or procedures; and the reduction of overall operating expenses,
including costs associated with the number of personnel. The
Administrator must also report to Congress on the results and
potential savings of the review.
Since its creation in 2001 after the 9/11 terrorist
attacks, TSA has struggled to accomplish its mission in an
efficient manner. Low employee morale, leadership turnover and
bureaucracy, prolonged airport wait times, and failed internal
investigations are just a few of the challenges that TSA
continues to face. This section seeks to address these issues
by forcing an internal accounting of the agency with an
emphasis on efficiency, organization, and savings in order to
improve TSA's ability to focus on its important transportation
security mission.
Sec. 507. Transportation senior executive service accountability.
This section requires the DHS Secretary, acting through the
TSA Administrator, to develop a strategic plan to reduce the
number of Senior Executive Service (SES) positions at TSA by 20
percent by June 30, 2019. The Administrator must submit a copy
of the plan to Congress.
Currently TSA has over 160 SES positions-more than any
other DHS component-with the average salary of over $160,000,
which is above the General Schedule (GS)-15 level. Given the
high salaries and other benefits granted to SES employees--as
well as the large number of such positions at TSA--this section
seeks to restore accountability and savings of taxpayer
dollars.
Subtitle B-Passenger Security and Screening
Sec. 511. Department of Homeland Security trusted traveler program
collaboration.
This section directs the Secretary of Homeland Security to
continue its review of all trusted traveler vetting programs to
make recommendations on possible efficiencies that could be
gained by integrating requirements and operations and
increasing information and data sharing across programs.
The Department of Homeland Security offers several trusted
traveler programs that passengers can enroll in thereby
allowing the government to vet them to ensure they are not a
threat in exchange for expediting screening. However, because
these trusted traveler vetting programs are administered by
different components within the Department interoperability
issues have arisen such as those between TSA PreCheck and CBP
Global Entry. The Department should work to ensure that these
programs can interface and seek to gain efficiencies by
exploring opportunities to harmonize requirements and
operations and increase information and data sharing.
Sec. 512. PreCheck Biometric pilot project.
This section requires the Administrator of TSA to conduct a
pilot project to test secure, automated and biometric-based
systems at airports to verify the identity of individuals who
are members of TSA PreCheck or another Department of Homeland
Security trusted traveler program. The biometric-based systems
must be designed to improve security while reducing the need
for security screening personnel to perform identity and travel
document verification; reduce average wait times; reduce
Administration operating expenses; be integrated with DHS watch
listing and trusted traveler programs; and be integrated with
other technologies to further facilitate risk-based passenger
screening at checkpoints, to the extent practicable.
The Committee believes that the significant advancements in
biometric identity verification technology by both the public
and private sectors present an opportunity for TSA to improve
security while reducing the need for personnel to perform
identity and travel document verification. Through the TSA
PreCheck program, the Administration maintains the fingerprint
records of individuals enrolled in the program and therefore
such technology can be piloted in PreCheck passenger screening
lanes using existing datasets.
Sec. 513. Identity and travel document verification.
This section requires the Administrator of TSA, no later
than December 31, 2018, subject to the availability of
appropriations, to implement a secure, automated system at all
airports, for verifying travel and identity documents of
passengers who are not members of a Department of Homeland
Security (DHS) trusted traveler programs. Such system shall
assess the need for security screening personnel to perform
identity and travel document verification for such passengers,
thereby assessing the overall number of such screening
personnel; reduce the average wait time of passengers; reduce
the overall operating expenses of the Administration; be
integrated with the Administration's watch list matching
programs and other technologies to further facilitate risk-
based passenger screening.
The 9/11 Commission report noted that fraud in
identification documents and boarding passes was a critical
weakness in the system that needed to be prevented. To this
end, in 2014 the Transportation Security Administration (TSA)
awarded a contract for credential authentication technology.
This technology has been tested and piloted multiple times to
ensure its effectiveness. However, the deployment of this
technology has been repeatedly delayed. The committee directs
TSA to prioritize deployment of this technology across the
Nation's airports no later than December 2018.
Sec. 514. Computed tomography pilot project.
This section directs TSA to conduct a pilot program to test
the use of technology using computed tomography to screen
baggage at passenger checkpoints.
The committee believes that TSA should pilot computed
tomography technology, which has long been used to screen
passenger baggage, at the checkpoint to determine if such
technology could improve detection of threat items by security
screening personnel in carry-on baggage.
Sec. 515. Explosives detection canine teams for aviation.
The section requires the Administrator to ensure at least
300 explosive detection canine teams dedicated to passenger
screening are deployed at airports by December, 31, 2018.
In a briefing to the committee, the Transportation Security
Administration (TSA) indicated that 300 passenger screening
canine teams would be the optimal number to achieve the desired
level of security and efficiencies by using canines to detect
screening anomalies. Further, TSA indicated that training and
deploying 300 canine teams by December 31, 2018, is a
reasonable and achievable goal. Therefore, the committee
expects that TSA will meet this goal or otherwise notify the
committee in advance as to why it will not be possible to
deploy 300 passenger screening canine teams by the
aforementioned deadline.
Sec. 516. Standard operating procedures at airport checkpoints.
This section requires the Administrator of TSA to ensure
that standard operating procedures at airport checkpoints for
passengers and carry-on baggage are carried out in a uniform
manner among similarly situated airports, to the extent
practicable. This section also requires the Administrator to
report to Congress, not later than 270 days after enactment of
this Act, on how standard operating procedures were made
uniform. Further, 1 year after enactment of this Act, the
Inspector General of the Department of Homeland Security shall
conduct periodic audits of adherence to standard operating
procedures at large, medium and small airports in diverse
geographical areas.
An overabundance of standard operating procedures (SOPs)
for security screening personnel at airport security
checkpoints was burdensome to screeners and has the potential
to reduce screening effectiveness. Recognizing that different
protocols are necessary for airports of differing sizes and
locations, the committee directs TSA to continue to streamline
SOPs at checkpoints, to the greatest extent possible.
Sec. 517. Traveler redress improvement.
This section requires the Administrator of the
Transportation Security Administration (TSA) to ensure
availability of the Department of Homeland Security Traveler
Redress Inquiry Program (DHS TRIP) to adjudicate inquiries for
individuals who are U.S. citizens or lawful permanent
residents; have filed an inquiry with DHS TRIP after receiving
enhanced screening at an airport passenger security checkpoint
more than three times in any 60-day period; and believe they
have wrongly been identified as a threat to aviation security.
It also requires the Administrator to provide a report to the
House Committee on Homeland Security and the Senate Committee
on Commerce, Science and Transportation on the implementation
of the process described above not later than 180 days after
enactment of this Act.
This section also requires the Administrator of TSA to
review and update the Privacy Impact Assessment for the Secure
Flight programs to ensure that the Assessment accurately
reflects the operation of such programs. It requires the
Assessment to be published on a publicly available website and
submitted to the House Committee on Homeland Security and the
Senate Committee on Commerce, Science and Transportation.
Additionally, this section requires the Assistant
Administrator of TSA's Office of Intelligence and Analysis to
coordinate a comprehensive review of the Transportation
Security Administration's intelligence-based screening rules 60
days after the enactment of this Act and every 120 days
thereafter in conjunction with TSA's Office of Civil Rights and
Liberties, Office of the Ombudsman, Office of Traveler
Engagement, Office of Chief Counsel, Privacy Office, the
Federal Air Marshal Service, and DHS's Office of Civil Rights
and Liberties, Office of General Counsel, Privacy Office and
Traveler Redress Inquiry Program. It also requires that all of
these entities be notified not later than 48 hours after
changing, updating, implementing or suspending an intelligence-
based screening rule.
This section also requires that the TSA Administrator
ensures that intelligence-based screening rules are
incorporated in the risk analysis conducted during the Federal
Air Marshal mission scheduling process. Not later than 180 days
after enactment of this Act the Administrator is required to
submit a report to the House Committee on Homeland Security and
the Senate Committee on Commerce, Science and Transportation on
the implantation of the new scheduling process.
This section also requires that the Government
Accountability Office conduct a study on the effectiveness of
intelligence-based screening rules on mitigating potential
threats to aviation security not later than 1 year after
enactment of this Act. The study will also examine the
coordination between TSA, DHS and other relevant partners
relating to changing, updating, implementing or suspending
intelligence-based screening rules.
TSA employs intelligence-based screening rules to flag
individuals for enhanced screening at security checkpoints-on
both domestic flights and flights coming into the United States
from abroad. This program was conceived by TSA's Office of
Intelligence Analysis as a way to identify individuals who may
not be formally watchlisted, but may present a risk to aviation
security.
The Committee has significant concerns with TSA's
intelligence-base screening rules program as it circumvents the
formal watchlisting process. Moreover, while there is a redress
process to adjudicate cases of individuals who are placed on
the ``No Fly List,'' there is currently no redress process for
an individual who feels that they have been repeatedly selected
for enhanced screening due to an error.
Sec. 518. Screening in areas other than passenger terminals.
This section authorizes the Administrator of TSA to provide
screening services to commercial charter air carriers in areas
other than primary passenger terminals upon the request of such
a carrier. Such a carrier requesting such services shall direct
the request to the Federal Security Director of the airport
where such services are requested. The Federal Security
Director of such airport may provide screening services if they
are available. The Administrator shall enter into an agreement
with a commercial charter air carrier for compensation for all
reasonable costs, including overtime, of such screening
services.
The committee believes that the Administrator should have
the authority to provide security screening services to a
commercial charter air carrier in areas other than primary
passenger terminals, as long as the commercial charter air
carrier has entered into an agreement with TSA to provide
reimbursement for such services, and the Federal Security
Director has security screening personnel and other resources
available.
Sec. 519. Federal Air Marshal Service agreements.
This section directs the Administrator to develop a
standard working document that shall be the basis of all
negotiations and agreements between the FAMS and foreign
governments and partners regarding Federal Air Marshal coverage
of flights to and from the United States. This section also
requires such agreements to be written and signed by the
Secretary of Homeland Security or the Secretary's designee.
Following the signing of such agreements, the relevant
congressional committees must be notified within 30 days.
The committee believes that the Federal Air Marshal Service
(FAMS) should develop a written document outlining the basis of
all negotiations and agreements for FAMS coverage between the
U.S. and foreign governments or partners. Further, the
committee is concerned that the Federal Air Marshal Service
does not maintain written agreements between the United States
and foreign governments or partners outlining the terms and
conditions of agreements pertaining to the coverage of flights
by Federal Air Marshals. In the past, the Administration has
refused to provide the committee with information and
documentation regarding FAMS agreements hindering the
committee's oversight efforts, making it necessary for the
Administration to transmit all new agreements to Congress.
Sec. 520. Federal Air Marshal mission scheduling automation.
This section directs the Administrator of TSA to seek to
acquire automated software for the scheduling of FAMS missions
based on current risk modeling.
Currently, the Federal Air Marshal Service relies on manual
methods to schedule missions. Given the existence of off-the-
shelf and customizable scheduling software, the committee
directs FAMS to pursue automated scheduling software to achieve
increased efficiencies and security effectiveness.
Sec. 521. Canine detection research and development.
This section requires the Department of Homeland Security
(DHS) to conduct an audit of all canine training programs
within DHS and convene a working group of representatives from
all such programs to make recommendations on possible
efficiencies that could be gained by integrating training
standards and facilities.
This section also requires the Administrator of the TSA to
develop a staffing allocation model for canines to determine
the optimal number of passenger screening canines at airports
in the United States.
Finally, this section requires the Secretary of DHS to
submit to the House Committee on Homeland Security and the
Senate Committee on Commerce, Science and Transportation a
report on the recommendations made in the aforementioned
working group not later than 180 days after enactment of this
Act.
Canines are an invaluable passenger screening tool in that
they both reduce checkpoint wait times and increase security
effectiveness. Demand for additional canine teams remains high,
but TSA is not currently training enough canines to meet the
ongoing need. TSA should explore expanding kennel space at the
existing training facility at Lackland Air Force Base or
opening a second training facility. Further, the committee
requests a briefing by TSA on outreach and coordination efforts
with private explosive detection canine production and training
companies.
Sec. 522. International Civil Aviation Organization.
This section directs the U.S. Ambassador or Charge
d'Affaires to the United States Mission to the International
Civil Aviation Organization to pursue improvements to airport
security, including introducing a resolution to raise minimum
standards for airport security if practicable. This section
also directs the Ambassador or Charge d'Affaires to report to
the relevant congressional Committees no later than 180 days
after the enactment of this Act on the aforementioned efforts.
The committee believes that the minimum security standards
for airport security set forth by the Chicago Convention
established by the International Civil Aviation Organization
are not robust enough in the current threat environment where
we have repeatedly seen terrorist organizations planning
attacks targeting aviation. Therefore, the committee believes
the United States should take a leadership role at the ICAO in
building consensus among member States to raise these
standards.
Sec. 523. Passenger security fee.
This section prohibits the Secretary of Homeland Security
from incorporating an increase in the passenger security fees
under section 44940 of title 49 U.S. code in the annual budget
proposal to Congress unless an increase to the fee has been
authorized by Congress prior to the submission of the
President's Budget Proposal.
For a number of years, both Republican and Democratic
Administrations have proposed increases in the passenger
security fee as an offset in the annual budget proposal,
despite no such fee increase having been authorized by
Congress. The committee believes this practice should not
continue absent an authorization of an increase in the
passenger security fee by Congress.
Sec. 524. Last point of departure airport certification.
This section amends Subparagraph (B) of section 44907(a)(2)
of title 49, United States Code, by inserting ``, including the
screening and vetting of airport workers'' before the semicolon
at the end.
In light of evolving threats to aviation security by
individuals with access to sensitive areas of the airport and
aircrafts, the Committee believes that TSA should collect data
about how airport workers are vetted at airports that serve as
last points of departure to the United States.
Sec. 525. Security standards at foreign airports.
This section amends section 44907 of title 49, United
States Code, in subsections (a) through (d) by striking
``Secretary of Transportation'' each place it appears and
inserting ``Secretary of Homeland Security''. This section also
amends section 44907 of title 49, United States Code, in
subsection (e), in the matter preceding paragraph (1) by
striking ``and 40106(b) of this title, the Secretary of
Transportation, with the approval of the Secretary of State and
without notice or hearing, shall'' and inserting ``40106(b),
and 41307 of this title, at the request of the Secretary of
Homeland Security and with the approval of the Secretary of
State and without notice of a hearing, the Secretary of
Transportation shall''. Finally this section also amends
subsection (e) by striking ``when the Secretary of
Transportation decides'' and inserting ``when the Secretary of
Homeland Security decides''.
When responsibility for aviation security was transferred
from the Department of Transportation to the Department of
Homeland Security, Section 44907 of title 49, United States
Code, was not updated to reflect this change. This section
makes it clear that it is the Secretary of Homeland Security
that is ultimately responsible for taking actions to ensure
that foreign airports and air carriers are in compliance with
internationally recognized security standards and has the
authority to suspend flights from last point of departure
airports due to security related concerns.
Sec. 526. Security incident response at airports and surface
transportation hubs.
This section amends the Gerardo Hernandez Airport Security
Act of 2015 (Public Law 114-50; 49 U.S.C. 44903 note) in
section 3 subsection (b), in the matter preceding paragraph
(1), by striking ``may'' in each place it occurs and inserting
``shall''; by redesignating subsection (c) as subsection (d);
and by inserting after subsection (b) a new subsection which
requires the Administrator of the TSA to review the active
shooter response guidelines specified for Department of
Homeland Security personnel and make a recommendation to the
Secretary of DHS to modify such guidelines for personnel who
are certified Federal law enforcement officials and for
personnel who are uniformed but unarmed security officials.
This section also amends section 7 of the aforementioned Act by
in subsection (b), in the matter preceding paragraph (1), by
striking ``may'' in each place it appears and inserting
``shall'' and by redesignating subsections (c) and (d) as
subsections (d) and (e) and inserting after subsection (b) a
subsection which requires the Administrator of TSA to review
the active shooter response guidelines specified for Department
of Homeland Security personnel and make a recommendation to the
Secretary of DHS to modify such guidelines for personnel who
are certified Federal law enforcement officials and for
personnel who are uniformed but unarmed security officials.
On January 6, 2017, an active shooter opened fire in the
baggage claim area of Fort Lauderdale-Hollywood International
Airport causing a mass evacuation of the airport. A perceived
active shooter situation at John F. Kennedy International
Airport on August 14, 2016, similarly caused a mass evacuation
and subsequent delay. In the wake of these incidents, it is
clear that our Nation's airports are not all adequately
prepared to coordinate mass evacuations therefore the committee
deems it necessary to require airports to prepare for these
situations.
Further, following these incidents there were reports of
uniformed TSA personnel adding to the chaos and panic by
running and pushing passengers as they exited the terminals. It
is the committee's understanding that the Department of
Homeland Security trains all personnel to ``run, hide, fight''
in the event of an active shooter situation. However, it does
not seem appropriate for all personnel to receive this training
given that there are certified Federal law enforcement officers
that work for the Department. The committee believes that
despite the fact that transportation security officers are not
law enforcement officials, the Secretary should consider
revising active shooter guidance for these individuals who
serve important safety and security functions.
Sec. 527. Airport security screening opt-out program.
This section requires the Administrator of TSA to make best
efforts to enter into a contract with a private screening
company to provide screening services at an airport not later
than 180 days after the date of approval of an application
submitted by the operator of such airport. This section also
amends the aforementioned section of the U.S. Code in
subparagraph (A) of paragraph (4), as so redesignated, in the
matter preceding clause (i), by striking ``not later than 60
days following the date of the denial'' and inserting
``immediately upon issuing the denial''.
Furthermore, this section strikes subsection (h) of the
aforementioned section of the U.S. Code and inserts a new
subsection (h) which allows the Administrator of TSA to
nominate to the head of the contracting activity an individual
representing the airport operator that applied and has been
approved to have security screening services carried out by a
qualified private screening company. This section also adds a
new subsection (i) which encourages the operator of an airport
at which screening services are provided to recommend to the
Administrator of the TSA innovative screening approaches and
technologies. Upon receipt of such recommendations, the
Administrator shall review and, if appropriate, test, conduct a
pilot project, and, if appropriate, deploy such approaches and
technologies.
The committee believes that when an airport chooses to
participate in the Screening Partnership Program (SPP) that
they should participate in the contract evaluation and award
process. Additionally, the period of time between when the SPP
application is submitted, approved and the contract decision
made is unduly lengthy and should be truncated to the greatest
extent possible without sacrificing the integrity of the
procurement process.
Sec. 528. Personnel management system review.
This section requires the Administrator of TSA to convene a
working group consisting of representatives of the
Administration and representatives of the labor organization
representing security screening personnel to discuss reforms to
the Administration's personnel management system, including
appeals to the Merit Systems Protection Board, not later than
30 days after enactment of this Act. This section also requires
the working group to transmit to the House Homeland Security
Committee and the Senate Committee on Commerce, Science and
Transportation a report containing recommendations to reform
the Administration's personnel management system, not later
than 1 year after enactment of this Act.
The committee acknowledges that Transportation Security
Officers (TSOs) believe they have legitimate grievances that
they cannot address through the existing grievance resolution
process. The committee believes that TSA could improve and
streamline the grievance resolution process in a way that would
gain efficiencies at headquarters and improve the morale of
frontline workers. Therefore, the committee believes that TSA
should establish a working group in conjunction with the
American Federation of Government Employees (AFGE) which
represents security screening officers and issue a report with
recommendations to improve the grievance resolution process.
The committee does not expect TSA to implement the
recommendations in this report absent further congressional
action.
Sec. 529. Innovation task force.
This section allows the Administrator of TSA to establish a
task force to collaborate with air carriers, airport operators,
and other aviation security stakeholders to foster the pursuit
of innovations in aviation security prior to the acquisition
process. The task force is authorized to conduct activities
designed to identify and develop an innovative technology or
capability with the potential of enhancing aviation security.
This section also authorizes the composition of such a task
force and notes that the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply.
The Committee supports the work done by TSA's Innovation
Task Force (ITF), which was originally established by former
Administrator Neffenger in the Spring of 2016. The Committee
encourages the ITF to continue its collaboration with aviation
and surface transportation security stakeholders in an effort
to develop, test and deploy innovative new technology in areas
at and outside the security screening checkpoint, such as
employee screening checkpoints and the public areas of
airports. The ITF's initial focus on automated screening lane
technology shows promises at enhancing passenger facilitation
and security operations, more recent lines of effort in
technologies such as computed tomography and biometric
identification are welcome developments.
Sec. 530. Airport law enforcement reimbursement.
This section directs the Administrator of TSA to submit to
the House Committee on Homeland Security and the Senate
Committee on Commerce, Science and Transportation, a report on
TSA's law enforcement officer reimbursement program, not later
than 120 days after the date of enactment of the Act. This
report shall include information related to the current
structure of the program and law enforcement activities covered
by the program, an assessment of threats at airports, the
annual costs to airport authorities for providing law
enforcement for covered activities related to the security
checkpoint, and proposed methodology for funding allocations.
In the Administration's Fiscal Year budget proposal to
Congress, the Administration proposed the elimination of the
airport law enforcement reimbursement program. The committee
recognizes that budgets across the Department of Homeland
Security and the whole of government are constrained. However,
airports and airlines remain a high-profile target for
terrorists and other criminals conducting illicit activity that
has the potential to put the public in danger. While the
Transportation Security Administration provides security
screening services at the checkpoint, these individuals who
provide such services are not sworn law enforcement and do not
have the authority, equipment or training to make arrests or
interdict criminal or terrorist activity. Therefore, a robust
law enforcement presence at airports is critical to ensuring
the safety of the traveling public. The committee supports TSA
reimbursement of local law enforcement for these purposes, and
given the changing threat environment believes TSA should
reexamine the threat and provide the committee with
recommendations to reform the program to ensure that resources
are being directed where the need is most acute.
Subtitle C-Transportation Security Screening Personnel Training
and Accountability
Sec. 531. Transportation security training programs.
This section authorizes the TSA training program for new
security screening personnel at the Federal Law Enforcement
Training Center (FLETC) in Glynco, Georgia. This section also
requires the Administrator of TSA to establish recurrent
training for security screening personnel that addresses
updates to screening procedures and technologies not later than
180 days after enactment of this Act. Finally, this section
requires the Government Accountability Office to issue a report
on the findings of a study on the effectiveness of the security
screening personnel initial training program at FLETC.
In January 2015, former TSA Administrator Peter Neffenger
established the TSA Academy at the Federal Law Enforcement
Training Center (FLETC) in Glynco, Georgia, in order to
establish a centralized, consistent and coordinated approach to
training new security screening personnel. In addition to the
training program for new security screening personnel, TSA also
developed new training for Transportation Security Executive
Service level executives and other employees at various levels
throughout the agency. The committee is encouraged by these
developments, but would like to see independent validation by
the Government Accountability Office that the training at the
Academy is leading to improved performance and effectiveness
and is a valuable use of taxpayer dollars.
Sec. 532. Alternate new security screening personnel training program
cost and feasibility study.
This section requires the Administrator of TSA to conduct a
cost and feasibility study of developing a training program
within 50 miles of a security screening personnel's duty
station that will provide such personnel with an equal level of
training as is administered at FLETC.
While the establishment of a unified training center for
transportation security officers (TSOs) in Glynco, Georgia, at
the Federal Law Enforcement Training Center (FLETC) has
reportedly increased the morale and strengthened the mission of
TSA, it also has unintended consequences. The academy requires
new TSOs to spend 6 weeks in Glynco, possibly dissuading highly
qualified and motivated individuals from applying to TSA due to
family and other obligations, such as lack of childcare or
enrollment in school. TSA should examine the impact of these
unintended consequences on its recruiting efforts and ability
to onboard part-time personnel when necessary, and conduct a
cost and feasibility assessment of training to the same
curriculum and standards at FLETC that would be accessible to
individuals who are unable to travel for an extended period of
time.
Sec. 533. Prohibition of advance notice of covert testing to security
screeners.
This section requires the Administrator of the
Transportation Security Administration (TSA) to ensure, to the
greatest extent practicable, that information concerning a
covert test of a transportation security system to be conducted
by a covert testing office, the Inspector General of the
Department of Homeland Security or the Government
Accountability Office is not provided to any individual
involved in such test prior to its completion. This section
also outlines a number of exceptions to the prohibition of
advanced notification described above.
The committee directs the Administrator of TSA, to the
greatest extent practicable, to ensure that the least number of
people possible are notified of covert testing done at airport
security screening checkpoints. The committee recognizes that a
limited number of individuals need to be notified prior to
testing to ensure the safety of personnel conducting testing,
and that it may be necessary for such personnel to disclose
their identity to avoid panic that could lead to a public
safety or security incident. However, disclosure of covert
testing should be limited to avoid compromising the integrity
of testing results and trends.
Subtitle D-Airport Access Controls and Perimeter Security
Sec. 541. Reformation of certain programs of the Transportation
Security Administration.
Subsection (a) provides definitions for the following terms
in correspondence with the act. The term ``Administration''
means the Transportation Security Administration (TSA). The
term ``Administrator'' means the Administrator of the
Transportation Security Administration. The terms ``air
carrier'' and ``foreign air carrier'' have the meaning given
such terms in section 40102 of title 49, United States Code.
The terms ``secured area,'' ``Security Identification Display
Area,'' and ``sterile area'' have the meaning given such terms
in section 1540.5 of title 49, Code of Federal Regulations.
``Appropriate congressional Committees'' refers to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Commerce, Science, and Transportation of
the Senate. The final term, ``Intelligence Community,'' refers
to the meaning given such a term in section 3(4) of the
National Security Act of 1974 (50 U.S.C. 3003 (4)).
Subsection (b) amends the Homeland Security Act of 2002 by
directing the Administrator in consultation with the Aviation
Security Advisory Committee to submit to the appropriate
congressional committees and the Comptroller General of the
United States, a cost and feasibility study of a statistically
significant number of airports. The study should concern the
cost and feasibility of all employee entry and exit points that
lead to secure areas of airports being comprised of a secure
door with a card and pin entry or biometric technology,
surveillance video that is stored for at least 30 days, and
advanced screening technology. The advanced screening
technology ought to include one of the following: a
magnetometer, explosive detection canines, explosives trace
detection, advanced imaging technology, or x-ray bag screening
technology.
The report will include information from airports that
already have such technology implemented, screening 100 percent
of employees that enter and exit the secure area. The report
shall include costs associated with establishing employee entry
and exit operational technology and a cost comparison of the
requirements based on whether the requirements were implemented
by the Administration or the airports. Once the report is
complete, the Comptroller General shall review the study for
its reliability and efficiency and will report to the
appropriate congressional committees. The Committee believes a
reliable cost and feasibility study to be a necessary source of
data for stakeholders, TSA, and Congress to make future
decisions on aviation worker screening at airports. Through
significant oversight in the 114th and 115th Congresses, the
Committee has found that there remains a lack of effective
access controls at airports across the United States, despite
increased and pronounced concerns of insider threats to
aviation security from individuals with secure access to
sterile and otherwise sensitive areas of airports. While
stakeholders and TSA have articulated a desire to create an
expectation of screening without implementing full employee
screening, the Committee has not been provided sufficient data
or evidence on the security effectiveness of different forms
and levels of screening. With a litany of access controls
breaches in recent years and investigations uncovering
extensive criminal networks within the aviation system, the
Committee believes more data is necessary as a means of
identifying potential future improvements to screening.
Subsection (c) focuses on the security awareness of
credentialed airport populations regarding insider threats to
aviation security and best practices related to airport access
control. The Committee believes that aviation workers with
trusted access to sensitive areas of airports should be given
security awareness related to the need to mitigate insider
threats to aviation and best practices related to access
controls.
Within 180 days of the enactment of this Act, the
Administrator shall consult various air carriers, foreign air
carriers, airport operators, vendors, and airport
concessionaries to assess credentialing standards, policies,
and practices to ensure that insider threats to aviation
security are adequately addressed. The report must be submitted
to appropriate congressional committees no later than 30 days
after the assessment has been completed. Within 60 days of the
enactment of this Act, the Administrator must require social
security numbers of individuals applying for SIDA, sterile, and
air operations area access. This currently exists as a security
vulnerability in the aviation sector, as individuals are not
statutorily required to provide social security numbers for
vetting purposes, sometimes leaving gaps in necessary vetting
capabilities. The Committee believes requiring this data
submission along with applications for secure access
credentials will enhance the overall integrity of security
vetting among credentialed aviation workers.
Subsection (d) requires the Administrator, working with
airport operators, to identify advanced technologies that will
secure employee access to secure and sterile areas of the
airport. The act will also ensure that all credentialed
aviation worker populations are constantly vetted through the
Federal Bureau of Investigation's Rap Back Service. Within 180
days after the enactment of this Act, the Administrator shall
identify means to leverage resources of the Department of
Homeland Security and the intelligence community to educate
Administration personnel on insider threats. The Administrator
shall ensure that the Playbook operations--Administration-led
employee physical inspection efforts-are focused on providing
the greatest level of security effectiveness. The Committee
recognizes that advanced biometric security technologies can
provide enhanced legitimacy to access controls at airports.
Similarly, the Committee believes that the FBI's Rap Back
Service can achieve significant improvements in the visibility
the Administration and airports have into potential
disqualifying offenses committed by credentialed aviation
workers. Ensuring that credentialed populations are enrolled
will not only lower the background check costs for airports
stakeholders, but will also provide much faster insight into
potential insider threats. The agency's Playbook operations
sometimes focus on conducting physical inspections of
credentialed aviation workers as a means of mitigating
potential security risks. The Committee believes that the
Administration should work to make these operations more
strategic, targeted, and effective in order to achieve the
desired expectation of screening. Historically, the Committee
has been concerned that Playbook operations targeting aviation
workers has focused too broadly on screening a high number of
employees, rather than being strategic in screening areas of
vulnerability. While the Committee is encouraged by recent
efforts to achieve this goal, this provision will ensure that
such inspection efforts achieve maximum security effectiveness.
This provision also works to ensure that the Administrator
shall increase covert testing of Playbook employee screening
and measure existing security operations. The Administrator
shall also provide to appropriate stakeholders the results of
the testing, and recommendations on how to improve security
screening operations. The Administrator, under this Act shall
submit to the appropriate congressional committees an annual
transparency report on the frequency, methodology, strategy,
and effectiveness of employee screenings at airports. The
Committee believes that both Congress and the appropriate
stakeholders should have visibility into the effectiveness and
results of employee screening operations at airports, in order
to obtain an accurate assessment of insider threat mitigation
efforts.
The provision also ensures that within 180 days of its
enactment, the Administrator, along with the Aviation Security
Advisory Committee, shall compile a national data base of
airport employees who have had their badges revoked for failure
to comply with security requirements. The Administrator will
determine the proper reporting mechanisms for airports, air
carriers, and foreign air carriers to submit the data of
employees with revoked data, as well as access to such a data
base. The Administrator will reestablish employees who were
wrongly added to the list. Currently, there exists a startling
lack of coordination and communication within the aviation
security community related to aviation workers who have had
their secure credentials revoked. The Committee believes that
as the arbiter of security threat assessments for aviation
workers, TSA should take steps to establish a national data
base of aviation workers who have had their credentials revoked
for failure to comply with security requirements. This will
enhance TSA's ability to provide accurate security threat
assessments to airport stakeholders for individuals applying
for access to sensitive areas of airports. The Committee also
believes in the need for a redress process for employees who
have been wrongly added to such data base.
Subsection (e) requires the Department of Homeland
Security, as the lead interagency pertaining to insider threat
investigations and mitigation efforts at airports, shall make
every effort to coordinate with other relevant Government
entities when involved in such investigations.
Subsection (f) authorizes the Secretary of the Department
of Homeland Security to utilize Homeland Security
Investigations personnel and any other DHS personnel to form
airport task forces to investigate and mitigate insider threats
to aviation security in coordination with Federal, State,
local, tribal, and territorial law enforcement partners. While
the Department of Homeland Security serves as the interagency
lead on insider threat investigation and mitigation efforts at
airports, DHS and its components should make every effort to
coordinate with other relevant Federal, State, and local
entities. Moreover, this section should not be read to construe
a change or modification in existing, well-established
jurisdictional boundaries between Federal, State, and local
entities. The Committee believes that the Department's Homeland
Security Investigations airport task forces are a valuable
counterterrorism and insider threat mitigation tool. These task
forces have served as interagency coordinators for countless
investigations and should remain the primary Federal effort in
investigation and mitigating insider threats to aviation
security.
Subsection (g) implements a 90 day policy in which the
Administrator shall submit to the appropriate congressional
committees a plan to conduct recurring reviews of the security
controls for Administration information technology systems at
airports. This provision is based on recent findings by the
Department of Homeland Security's Inspector General that TSA's
information technology security is in need of more stringent
oversight and accountability.
Sec. 542. Airport perimeter and access control security.
Subsection (a) requires the Administrator of the
Transportation Security Administration (TSA) to provide an
update to the Transportation Sector Security Risk Assessment
(TSSRA) no later than 120 days after the Act's enactment with
an aviation sector update. No more than 180 days after the
enactment of the Act, the Administrator must also provide an
update with the latest and most up-to-date intelligence
information pertaining to the Risk Assessment of Airport
Security in addition to determining a timeframe for when
further updates to the Risk Assessment of Airport Security will
occur. No more than 90 days after the Act's enactment, a
system-wide assessment of airport access control points and
airport perimeter security must also occur.
The security risk assessment shall include those updates
reflected in the findings of both the TSSRA and Joint
Vulnerability Assessment (JVA) including changes to the risk
environment pertaining to airport access control points and
airport perimeters. The assessment shall also utilize security
data for analysis of system-wide trends related to airport
access control points and airport perimeter security so as to
better inform risk management decision. Finally, the assessment
shall take into consideration the geographic and current best
practices utilized by airports to help mitigate potential
vulnerabilities. The results of the risk assessments shall be
reported by the TSA Administrator to the Committee on Homeland
Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation of the Senate, relevant
agencies and departments, and airport operators. The Committee
believes that airport access controls and perimeter security
remain a point of vulnerability in the ever changing threat
landscape facing aviation security. Despite this, the Committee
remains concerned that there is a lack of clear assessment and
consistency in perimeter security across the country, and feels
there is a need for TSA to take a fresh look at perimeter
security.
Subsection (b) requires that no more than 180 days after
the Act's enactment, the TSA Administrator must provide an
update to the 2012 National Strategy for Airport Perimeter and
Access Control Security, also referred to as the National
Strategy. This updated National Strategy shall include all
information from the Risk Assessment of Airport Security as
well as information pertaining to airport security-related
activities, the status of TSA efforts to address the goals and
objectives outlined in subsection (a) of the Act, finalized
outcome-based performance measures and performance levels for
each relevant and goal and objective listed under subparagraphs
(A) and (B) of the Act, as well as input from airport
operators.
Finally, the TSA Administrator must implement a process for
determining when additional updates to the strategy will be
needed not more than 90 days after the update in subsection (a)
of the Act is completed.
Sec. 543. Exit lane security.
This section authorizes $77,000,000 for each of fiscal
years 2018 and 2019 for the purposes of carrying out subsection
(n)(1) of section 44903 of title 49, United States Code. This
provision concerns funding for staffing of airport exit lanes
by Transportation Security Officers. The Committee believes
that TSA has a statutory responsibility to continue staffing
exit lanes, where the Administration currently provides
staffing. However, the Committee understands the importance of
finding efficiencies and prioritizing Transportation Security
Officers for essential security functions, such as passenger
screening, and recognizes that many airports have successfully
implemented technology solutions for exit lane security. The
Committee also believes that other efficiency and staffing
reviews required by this legislation will provide relevant data
for exit lane staffing in the future.
Sec. 544. Reimbursement for deployment of armed law enforcement
personnel at airports.
This section authorizes $45,000,000 for each of fiscal
years 2018 and 2019 to carry out subsection (h) of section
44901 of title 49, United States Code. This provision
authorizes funding for TSA's Airport Law Enforcement
Reimbursement Program, in order to support security efforts
carried out by State and local law enforcement at airports
pursuant to 49 U.S.C. 44903(c) and 49 C.F.R. part 1542. The
Committee recognizes the value of TSA's funding for airport law
enforcement as an important counterterrorism tool serving to
protect the airport environment, including passenger screening
checkpoints. Additionally, given the heightened nature of
threats to soft target areas of transportation systems, such as
the prescreening public areas of airports, the Committee
believes that a robust law enforcement presence in such areas
is important to deterring, preventing, and responding to
attacks. As amended, section 529 of this legislation also
requires a report on the current structure of this program, as
well as information relating to threats requiring law
enforcement officer response at airports, the scope of current
law enforcement activities covered under this program, the
annual costs to airport authorities for providing law
enforcement for such covered activities, and a proposed
methodology for funding allocations. The Committee believes
this will provide important data on how this program can
maximize efficiency and security effectiveness.
Subtitle E-Air Cargo Security
Sec. 551. Air cargo advance screening program.
This section directs the Secretary, through the
Commissioner of CBP and in coordination with the Administrator
of TSA, to implement the long-piloted Air Cargo Advance
Screening program, ensuring DHS access to relevant security
data and enhanced ability to protect against threats to cargo.
The Committee recognizes the desire of both industry
stakeholders and the Department to fully implement this program
and issue a final rule on air cargo advance screening for the
purposes of receiving data and inspecting high-risk cargo. The
Committee believes that the Department needs to take actionable
steps to implement the program, which is broadly supported by
industry, taking into account the lessons learned from the
pilot, as well as industry stakeholder perspectives on how the
program should be implemented and carried out.
Sec. 552. Explosives detection canine teams for air cargo security.
This section directs TSA to issue standards to be used to
certify third-party canines for use in the air cargo sector, in
order to expand the number of canines being used for cargo
screening and enhance security in an operationally efficient
manner. The Committee believes third-party, non-Federal
explosives trace detection canines are a valuable tool in
screening air cargo and that TSA should issue standards to be
used to certify such canines in a timely manner. The Committee
recognizes that TSA and industry partners have been working
collaboratively on developing processes and standards for the
use of third-party, non-Federal explosives detection canines to
screening of air cargo and desires to see such collaboration
continue.
Subtitle F-Information Sharing and Cybersecurity
Sec. 561. Information sharing and cybersecurity.
This section requires the Administrator to direct Federal
Security Directors at airports to meet at least quarterly with
relevant stakeholders to discuss incident management protocols
and to inform stakeholders of relevant security matters within
a timely manner. The section also requires the creation of an
information sharing improvement plan to enhance the overall
quality of information sharing by TSA. Additionally, this
section requires TSA to establish a mechanism through which to
share aviation security best practices and develop a
cybersecurity risk assessment model to evaluate cyber risks to
aviation security. Additionally, the section directs TSA to
seek enhanced sector participation in cybersecurity mitigation
efforts and directs the Secretary, upon request, to conduct a
cybersecurity vulnerability assessment for airports and air
carriers. As amended, the provision also ensures clarity that
requirements under this section pertain exclusively to aviation
security. Additionally, the amended provision requires a
cybersecurity vulnerability assessment of the data transmitted
and held for the Department's trusted traveler and security
credentialed populations, such as TSA PreCheck and the TWIC
program.
Through its oversight, the Committee has come to appreciate
the vital role that relationships among airport operators,
aviation stakeholders, and local TSA personnel play in the
overall effectiveness of aviation security operations and
coordination. The Committee believes TSA and its Federal
Security Directors should take all necessary steps to regularly
engage with stakeholders on the ground and maintain productive
working relationship. Additionally, TSA should remain a
clearinghouse of aviation security best practices and establish
effective strategies, policies, and procedures for information
sharing. Further, the Committee believes that the cybersecurity
landscape continues to shift and that the aviation community
remains a point of vulnerability. Because of this, the
Committee believes that the Secretary, in consultation with
relevant partners, should develop an aviation security risk
assessment model to identify risks to cybersecurity in the
aviation environment. The Committee believes that cybersecurity
mitigation efforts should be voluntary on the part of industry
stakeholders and that risk assessments should only be conducted
upon request from the stakeholder.
The Committee also believes that the Department must work
to ensure that potential vulnerabilities in the security of
personally identifiable information held in its various trusted
traveler or vetting programs are identified and mitigation
strategies implemented. The Committee notes that the
President's budget request for Fiscal Year 2018 estimates a
growth in PreCheck participation. The Committee believes that
ensuring the American flying public that their most sensitive
data, including their biometrics, is secure will foster more
confidence within the population that TSA needs to attract to
the PreCheck program.
Subtitle G-Surface Transportation Security
Sec. 571. Definitions.
This section defines terms used in this Subtitle.
Sec. 572. Surface transportation security assessment and
implementation of risk-based strategy.
This section requires the Administrator of the
Transportation Security Administration to conduct a
vulnerability and risk assessment for surface transportation
using current threat intelligence. This section further
requires the Administrator to develop and implement a multi-
modal, risk-based strategic plan to mitigate threats identified
in the risk assessment, and coordinate with other stakeholders
in the implementation of the plan. This section further
requires the Administrator to report to Congress on the
security assessment and the implementation of the risk-based
plan, and to provide regular updates for both.
The Committee believes that surface transportation modes
are of particular concern given the ongoing rise in terrorist
attacks overseas against surface transportation hubs and other
soft targets of transportation modes. The porous nature of
surface transportation makes the sector difficult to secure,
and the Committee feels there needs to be an updated security
assessment and risk-based strategy for securing surface
transportation modes.
Sec. 573. Risk-based budgeting and resource allocation.
This section requires that the TSA budget submissions
clearly indicate which resources will be used for surface
transportation security and which will be dedicated to
aviation. This section further requires TSA to notify Congress
if agency resources, including staff, were used for purposes
not related to transportation security. In prior years, the
Committee has been concerned that TSA has failed to clearly and
coherently articulate surface transportation budget priorities,
deployments, and allocations. In response to this, the
Committee believes this provision will ensure that TSA and DHS
provide more useful information to Congress related to surface
transportation security efforts.
Sec. 574. Surface transportation security management and interagency
coordination review.
This section requires a GAO review of TSA's surface
transportation program management structure, including the
allocation of staff to different modes of transportation, and
how the programs are developed, managed and implemented. As
part of the above review, GAO will examine how TSA can improve
coordination between other Federal, State, local, or industry
stakeholders to reduce redundancy and regulatory burden. Given
the overlapping nature of many surface transportation security
entities, the Committee believes a GAO review to be both
prudent and necessary in assessing the overall State of
interagency coordination in protecting the Nation's vital
surface transportation systems.
Sec. 575. Transparency.
This section requires TSA to regularly update a public
website on the status of surface transportation rulemakings.
This section further requires the Department of Homeland
Security Inspector General (DHS IG) to review the required
regulations to see if they are still necessary or relevant. The
Committee has become concerned by stakeholder perspectives that
rulemaking processes are often opaque and lack input from
relevant stakeholders. Additionally, in some instances,
previously required but unimplemented regulations may no longer
be practicable or relevant to the current threat landscape.
This provision will provide for greater transparency in the
rulemaking process and give needed information on the relevancy
or need of regulatory requirements.
Sec. 576. TSA counterterrorism asset deployment.
This section requires, except during times of urgent need,
the Administrator to provide a 2-week notification to any
affected stakeholder before terminating any TSA resource that
was provided for 6 months or more. Additionally, the provision
requires the development of performance measures and objectives
for TSA's Visual Intermodal Prevention and Response (VIPR)
teams, as well as risk-based deployment metrics. As amended,
this provision authorizes up to 30 VIPR teams for the
Administrator to use in support of counterterrorism efforts at
surface and aviation transportation hubs, while requiring
congressional notification if the number of teams drops below
30. Moreover, the amended provision requires a report to
Congress, after the development of the performance measures and
objectives, on the identified number of teams needed by the
Administrator.
The Committee recognizes that TSA VIPR teams serve as a TSA
counterterrorism tool in deterring and responding to terrorist
attacks. However, the Committee also has longstanding concerns
as to the lack of proven security effectiveness of VIPR teams,
and believes it necessary for TSA to develop performance
measures and objectives in order to assess the value of the
teams and ensure that VIPR teams are deployed in a risk-based
manner that maximizes security effectiveness. Due to the
heightened threat landscape facing soft terror targets at
transportation hubs, the Committee believes that it is critical
that limited resources are directed effectively, while
maintaining flexibility for the Secretary and the Administrator
to deploy the resources of the Federal Air Marshal Service to
respond to changing threats, and potential increased aviation
mission needs.
Sec. 577. Surface transportation security advisory committee.
This section requires the Administrator to establish a
Surface Transportation Security Advisory Committee to provide
stakeholders and the public the opportunity to coordinate with
the agency and comment on policy and pending regulations.
The Committee has seen a significant positive impact in
establishing the Aviation Security Advisory Committee for TSA
to receive valuable input from stakeholders across the aviation
sector. In establishing a similar entity for the surface
environment, the Committee hopes to create critical lines of
communication on security-related issues among surface
transportation modes and the Administrator. The Committee
recognizes that the surface transportation sector is multi-
modal and different from the aviation sector but like the
aviation sector, has government and sector coordinating
councils to foster collaboration. The Committee also believes
that the advisory committee established by this provision can
serve a valuable role in raising awareness within TSA of
surface transportation security issues, challenges, and can be
a critical help to the Administrator in determining policies
and strategies aimed at protecting surface transportation
systems. The Committee in no way intends to direct policymaking
authority away from the Administrator or other relevant
government entities for the surface transportation sector, but
desires to implement a model similar to that of the Aviation
Security Advisory Committee.
Sec. 578. Review of the explosives detection canine team program.
This section requires the DHS IG to conduct a review of the
National Explosives Detection Canine Team Program to determine
examine how TSA is administering the program and how they are
using the canine teams to mitigate risks.
Explosives detection canines play a critical role in
protecting transportation assets from security threats. The
Committee believes that the National Explosives Detection
Canine Team Program requires prudent review in order to
maximize the security effectiveness of and proliferate the
overall use of explosives detection canines within
transportation security modes.
Sec. 579. Expansion of national explosives detection canine team
program.
This section allows for the immediate expansion of 70
additional canine teams upon passage of the legislation. It
directs TSA to consider the DHS Inspector General's
recommendations before adding any further additional teams. The
Committee believes that this program requires additional
resources in order to expand the use of explosives detection
canines across transportation sectors and modes. Further, the
evolving and stark threat landscape requires emphasis on
proven, effective security resources and counterterrorism
assets like explosives detection canines. The Committee
believes that TSA should expand this program by 70 additional
teams, while taking the recommendations of the DHS Inspector
General related to this program into account before adding
further additional teams.
Sec. 580. Explosive detection technology.
This section requires the Secretary to research and develop
next generation technologies to detect explosives in
transportation systems and transportation facilities. The
Committee has seen worrying changes in the overall threat
landscape and believes that the Secretary of Homeland Security
should concentrate on advancing and prioritizing the next
generation of explosives detection for transportation systems.
Sec. 581. Study on security standards and best practices for United
States and foreign passenger transportation systems.
This section requires the GAO of the United States to
conduct a study of how TSA identifies international security
best practices and disseminates that information to
stakeholders. The Committee believes that TSA plays an
important role in identifying and sharing international best
practices related to transportation security but that
improvements can be made in both policies and procedures. This
provision will ensure that such improvements are identified by
the required GAO study and provide TSA and Congress with
recommendations for enhancing security.
Sec. 582. Amtrak security upgrades.
This section allows Amtrak to use security grant funding to
improve passenger manifest systems to ensure that passengers
can be identified. The Committee recognizes the important role
that surface stakeholder data can play in preparing for and
responding to potential threats, and believes that additional
flexibility in how Amtrak uses its allotted grant funding can
assist in protecting rail passengers and the passenger rail
system from security threats.
Sec. 583. Study on surface transportation inspectors.
This section requires GAO to submit a report to Congress
that reviews the effectiveness of surface transportation
security inspectors, including hiring practices and training
standards. The report will also determine the extent to which
the Transportation Security Administration has used a risk-
based, strategic approach to determine the appropriate number
of surface transportation security inspectors and if the
Transportation Security Administration's surface transportation
inspection policies are risk-based.
Through its oversight activities, the Committee has
determined a need to review TSA's Surface Transportation
Inspectors program, due to a lack of clarity on the distinct
roles, skills, and mission of surface inspectors. While the
program makes up a small part of TSA's larger efforts to secure
surface and aviation transportation system, the Committee would
like additional information related to the overall security
contribution, effectiveness, and performance measures of
surface inspectors.
Sec. 584. Security awareness program.
This section requires the Administrator of the
Transportation Security Administration to establish a program
to enhance the security of surface transportation by training
the surface transportation operators and frontline employees.
As amended, this program is clarified as not serving in
fulfillment of other statutorily required regulatory
responsibilities.
Due to the reality of the challenges in protecting surface
transportation from threats to security, the Committee
recognizes a need for TSA to develop a security awareness
program for use by frontline surface transportation employees
and surface mode operators to better recognize, understand, and
respond to security threats.
Sec. 585. Voluntary use of credentialing.
This section authorizes the voluntary use of TWIC for
security at transportation facilities other than ports. The
Committee recognizes the security and efficiency value of
permitting individuals requiring background investigations to
satisfy such requirements by voluntarily obtaining a TWIC card.
Such requirements would be due to a need for a hazardous
material endorsement on a commercial driver's license or
because their employment is regulated by the Transportation
Security Administration, Coast Guard, or Department of
Transportation or as required by the Homeland Security Act of
2002.
Sec. 586. Background records checks for issuance of hazmat licenses.
This section ensures that individuals who have undergone a
security threat assessment for a TWIC do not have to pay a
duplicative assessment to be run for a hazardous materials
endorsement. The Committee recognizes a need to clarify
sometimes conflicting and duplicative background investigation
requirements for drivers seeking to obtain credentials
regulated by the Department of Homeland Security or the
Transportation Security Administration. The Committee believes
this provision increases efficiency and eliminates unnecessary
burden on certain stakeholders and drivers requiring security
credentials without compromising security requirements or
standards.
Sec. 587. Recurrent vetting for surface transportation credential-
holders.
This section amends Section 70105 of title 46, United
States Code, to require the Secretary of the Department of
Homeland Security to develop and implement a plan to utilize
the FBI's Rap Back Service in order to establish recurrent
vetting capabilities for individuals holding valid
transportation security cards. The Committee recognizes the
value of the FBI's Rap Back program for the purposes of
providing perpetual vetting capabilities for certain
credentialed populations requiring an FBI criminal history
records check. The Committee believes that enabling TWIC card
holders to be enrolled in this program will both enhance
security and eliminate the need for biannual investigation
requirements.
Sec. 588. Pipeline security study.
This section requires the Comptroller General of the United
States within 180 days of enactment to conduct a study to
determine the respective roles of the Department of Homeland
Security and the Department of Transportation in pipeline
security. Additionally, not later than 90 days after the
submission of the aforementioned report, the Secretary shall
submit any recommendations for changes to the Annex to the
Memorandum of Understanding executed on August 9, 2006, between
the Department of Homeland Security and the Department of
Transportation or improvements to pipeline security. The
Committee recognizes pipelines as a critical transportation
system. Pipelines serve as a vital security concern and the
Committee believes a security study conducted by the GAO to be
necessary to clarify roles and responsibilities.
Sec. 589. Repeal of limitation relating to motor carrier security-
sensitive material tracking technology.
This section repeals a requirement for Congress to grant
additional approval for TSA to implement requirements on motor
carrier sensitive security tracking technologies. The Committee
believes that the statutory requirement for Congress to grant
additional approval of an otherwise standard rulemaking
authority for motor carrier security-sensitive material
tracking technology to be duplicative and unnecessary.
Therefore, the Committee seeks to update the existing code by
repealing this requirement. However, the Committee in no way
intends for this provision to be interpreted as direction by
Congress for the Secretary to engage in a rulemaking on this
matter. Additionally, the Committee expects that, as in all
rulemaking efforts, any regulatory process on this matter
includes sufficient input from stakeholder and industry
perspectives prior to any finalization or implementation of a
regulation.
Subtitle H-Security Enhancements in Public Areas of
Transportation Facilities
Sec. 591. Working group.
This section allows the Secretary of Homeland Security to
establish a working group to promote collaborative engagement
between the Department and public and private sector
stakeholders to develop recommendations for enhancing public
area security at transportation facilities. If such a working
group is established, the Secretary shall report on the
organization, participation, activities, findings, and non-
binding recommendations for the immediately preceding 12-month
period. The Federal Advisory Committee Act does not apply to
this working group or any subsidiary thereof. The Committee
believes that recent efforts by the Department and TSA to
promote security collaboration and awareness in response to
increased threats to public areas of airports and other
transportation hubs are an important part of responding to
changing threats. The Committee hopes that this provision will
ensure the continued efforts to prepare for and respond to
threats targeting public areas of transportation facilities.
Sec. 592. Technical assistance; Vulnerability assessment tools.
This section directs the Secretary of Homeland Security to
inform stakeholders of the availability of Departmental
technical assistance, including vulnerability assessments, to
help enhance public area security at transportation facilities
and provide assistance upon request, subject to appropriations.
Moreover, this section directs the Secretary to publish and
disseminate best practices for protecting and enhancing the
resiliency of public areas of transportation facilities. The
Committee believes the Department of Homeland Security plays an
important role in raising the overall State of security
readiness and awareness at transportation hubs across the
country. Additionally, the Department should be working to
raise the level of resiliency of transportation systems.
Sec. 593. Operations centers.
This section requires the Administrator, within 120 days of
enactment, to make available to stakeholders a framework for
establishing an operations center within a transportation
facility to promote interagency response and coordination.
Sec. 594. Review of regulations.
This section requires that not later than 1 year after
enactment, the Administrator of TSA shall submit a report to
Congress reviewing regulations, directives, policies, and
procedures issued by the Administrator regarding the
transportation of a firearm and ammunition by an aircraft
passenger, and, as appropriate, plans to modify any such
regulation, directive, policy, or procedure based on such
review. In preparing the report, the Administrator shall
consult with stakeholders through the Aviation Security
Advisory Committee. The Committee believes that TSA should
endeavor on such a review, in order to ensure consistency,
clarity, and efficiency.
Sec. 595. Definition.
This section defines the term ``public and private sector
stakeholders'' as the meaning given such term in section
114(u)(1)(C) of title 49, United States Code, which the
Committee believes fully encompasses the intent of the overall
provision.
TITLE VI-EMERGENCY PREPAREDNESS, RESPONSE, AND COMMUNICATIONS
Subtitle A-Grants, Training, Exercises, and Coordination
Sec. 601. Urban Area Security Initiative.
This section amends section 2003 of the Homeland Security
Act of 2002 by requiring States to provide a detailed
accounting of items, services, or activities purchased
utilizing funds retained from the Urban Area Security
Initiative to relevant high-risk urban areas within 90 days of
retention. The intent of this language is to ensure
transparency and the avoidance of unnecessary duplication of
effort between States and eligible high-risk urban areas. This
section also requires Urban Area Security Initiative awardees
to submit a Threat and Hazard Identification and Risk
Assessment to the Administrator, consistent with current
practice.
This section codifies the period of performance for funding
awarded under the Urban Area Security Initiative at 36 months.
The Committee shared the concern of grant recipients that the
previous period of performance, 24 months, did not provide a
sufficient amount of time for grantees to complete projects,
particularly at the subgrantee level. The Committee supports
FEMA's decision to revert to a 36-month period of performance
for grant programs in this Title and encourages the continued
enforcement of that deadline.
In addition, this section authorizes the appropriation of
$800 million for each of the fiscal years from 2018 through
2022 for the Urban Area Security Initiative, which is $195
million above the current appropriated level and $350 million
above the President's Fiscal Year 2018 budget request.
Sec. 602. State Homeland Security Grant Program.
This section amends section 2004 of the Homeland Security
Act of 2002 by requiring States participating in the State
Homeland Security Grant Program to submit a Threat and Hazard
Identification and Risk Assessment to the Administrator,
consistent with current practice. States are required to
include input on their assessments from local and tribal
governments, including first responders. First responders are
defined in this section as representatives from local
governmental and nongovernmental fire, law enforcement,
emergency management, and emergency medical personnel. This
section also codifies the period of performance for the State
Homeland Security Grant Program at 36 months. Finally, this
section authorizes $600 million each Fiscal Year 2018 through
2022 for the State Homeland Security Grant Program, which is
$133 million above the current appropriated level and $250
million above the President's Fiscal Year 2018 budget request.
The Committee has held numerous hearings, briefings, and
meetings with stakeholders in the first responder community
regarding the consistent need for homeland security investments
provided through this program.
Sec. 603. Grants to directly eligible tribes.
This section codifies the period of performance for grant
awards to directly eligible tribes at 36 months.
Sec. 604. Law enforcement terrorism prevention.
This section seeks to ensure that the 25 percent set aside
for law enforcement terrorism prevention activities required
under the State Homeland Security Grant Program and Urban Area
Security Initiative is met by requiring the Assistant Secretary
for State and Local Law Enforcement to work with the FEMA
Administrator to certify and report annually to Congress that
the grants are appropriately focused on law enforcement
terrorism prevention activities. This section also requires the
Assistant Secretary for State and Local Law Enforcement to
coordinate with State, local, and tribal law enforcement
partners on Department policies and programs that may impact
such partners.
Sec. 605. Prioritization.
This section clarifies the population data that must be
considered as part of the risk formula, including international
tourists and military personnel living outside military
installations.
This section further requires the Administrator and
Government Accountability Office to each review the risk
formula and methodology used to determine awards for the Urban
Area Security Initiative and the State Homeland Security Grant
Program. Additionally, the Administrator is required to report
the results of this review within 90 days of enactment of this
Act to the Committee on Homeland Security and the Committee on
Appropriations of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate.
A number of stakeholders have expressed concern with the
transparency of the risk formula utilized by FEMA to make grant
awards. FEMA should, to the extent practicable, share as much
data as possible with grant recipients to ensure confidence in
the grant aware process.
Sec. 606. Allowable uses.
This section authorizes State Homeland Security Grant
Program and Urban Area Security Initiative funds to be used to
(1) enhance medical preparedness, and (2) enhance
cybersecurity. This section consolidates two allowable use
bills, both of which passed the House earlier this year.
The section also requires communications expenditures to
align with the Statewide Communication Interoperability Plan
and be coordinated with the Statewide Interoperability
Coordinator or Statewide interoperability governance body of
the State, consistent with current grant guidance.
Sec. 607. Approval of certain equipment.
This section amends subsection (f) of section 2008 of the
Homeland Security Act of 2002 (6 U.S.C. 609) by adding at the
end a review process for applications seeking to purchase
equipment or systems that do not meet or exceed applicable
national voluntary consensus standards using funds from the
Urban Area Security Initiative or the State Homeland Security
Grant Program. The Administrator is required to implement a
uniform process for reviewing such applications against the
following criteria:
current or past use of proposed equipment or systems by
Federal agencies or the Armed Forces;
the absence of a national voluntary consensus standard
for such equipment or systems;
the existence of an international consensus standard
for such equipment or systems, and whether such
equipment or systems meets such standard;
the nature of the capability gap identified by the
applicant and how such equipment or systems will
address such gap;
the degree to which such equipment or systems will
serve the needs of the applicant better than that which
meets or exceeds existing consensus standards; and
any other factor determined appropriate by the
Administrator.
This section also requires the Inspector General to report
to Congress, no later than 3 years after enactment of this Act,
on the implementation of the review process established under
this Act that includes the number of requests to purchase
equipment or systems that do not meet or exceed any applicable
consensus standard evaluated under such review process; the
number of such requests granted and denied; and how long it
takes to review such requests. This section is identical to
H.R. 687, which passed the House by voice vote on January 31,
2017.
Sec. 608. Memoranda of understanding.
This section requires the Administrator of the Federal
Emergency Management Agency (FEMA) to enter into memoranda of
understanding with subject matter experts from other Department
of Homeland Security (DHS) components and offices to ensure
subject matter experts are involved in policy guidance
decisions relating to the State Homeland Security Grant
Program, Urban Area Security Initiative, Port Security Grant
Program, and Transit Security Grant Program.
Sec. 609. Grants metrics.
This section requires FEMA to use information provided by
States and high-risk urban areas in their Threat and Hazard
Identification and Risk Assessments and State Preparedness
Reports to determine the extent to which State Homeland
Security Grant Program and Urban Area Security Initiative funds
have been used effectively to close capability gaps. FEMA is
also required to submit an assessment of the data 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.
Sec. 610. Grant management best practices.
This section requires FEMA to share information on methods
to address areas identified for improvement in grant audits
conducted by the Department's Office of Inspector General and
innovative projects and practices with recipients of State
Homeland Security Grant Program and Urban Area Security
Initiative funds as part of yearly grant guidance.
The Committee believes that grant recipients can greatly
benefit from sharing information on management best practices,
corrective actions, and other innovative practices. They could
also benefit from access to information on projects conducted
by other jurisdictions. The Committee has received testimony
from first responders advocating for the development of a
searchable data base of grant projects funded through the State
Homeland Security Grant Program and Urban Area Security
Initiative through which grantees can reference while
developing their own projects. The Committee supports FEMA's
efforts to collect more project level data in grant
applications, but acknowledges that such a data base may not be
within FEMA's capabilities as this time. However, as FEMA gains
greater insight into individual projects, there may be merit in
the development of a mechanism for grant applicants to learn
about successful projects in another jurisdiction.
Sec. 611. Prohibition on consolidation.
This section prohibits the Secretary of Homeland Security
from implementing the National Preparedness Grant Program or
any successor program to consolidate grant programs unless the
Secretary receives prior authorization from Congress.
Sec. 612. Maintenance of grant investments.
This section requires grant applicants to develop a plan
for the maintenance of equipment purchased using State Homeland
Security Grant Program or Urban Area Security Initiative funds.
Sec. 613. Transit security grant program.
The Committee believes it is important to invest consistent
resources to secure passenger surface transportation. Surface
transportation modes serve over 28 million riders daily and
over 10 billion riders annually. As a result, this mode of
transportation continues to remain a terror target. For this
reason the Committee authorizes $200 million for the Transit
Security Grant Program for each Fiscal Year from 2018 to 2022,
which is a 100 percent increase over the current appropriated
level and $152 million above the President's Fiscal Year 2018
budget request. This section amends section 1406 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
to permit grant recipients to use funding to pay for backfill
associated with sending personnel to security training.
Further, this section codifies the period of performance for
grants awarded under the Transit Security Grant Program at 36
months, with the exception of large-scale capital security
projects.
During the 114th Congress, the Committee conducted a field
hearing in Jersey City, New Jersey that addressed the critical
security challenges facing surface transportation. Members
heard at the field hearing that the current period of
performance of 36 months is insufficient for transit agencies
to complete large scale capital projects to harden their
systems. This section addresses this issue by setting the
period of performance for large scale capital projects at 55
months. This section is similar to H.R. 549, which passed the
House by voice vote on January 31, 2017.
Sec. 614. Port security grant program.
This section codifies the period of performance for the
grants awarded under the Port Security Grant Program at 36
months. The Committee recognizes the importance of this program
to the security of our Nation's ports and, as such, this
section authorizes $200 million from Fiscal Year 2018 through
2022 for the Port Security Grant Program, which a 100 percent
increase over the current appropriated level and $152 million
above the President's Fiscal Year 2018 budget request.
Sec. 615. National Domestic Preparedness Consortium.
This section reauthorizes the National Domestic
Preparedness Consortium, which was originally authorized in the
Implementing Recommendations of the 9/11 Commission Act of
2007. Additionally, the section requires the National Domestic
Preparedness Consortium to provide training exercises
simulating real response environments, such as urban areas, for
State, local, and tribal emergency response providers. The
section authorizes $63,939,000 for the Center for Domestic
Preparedness for fiscal years 2018 and 2019 and the $101
million for the remaining members of the National Domestic
Preparedness Consortium for fiscal years 2018 and 2019, amounts
equal to the current appropriated levels.
The Committee believes the National Domestic Preparedness
Consortium remains an invaluable resource to first responders,
and therefore the entire DHS enterprise. More than 2.6 million
first responders and emergency managers have received vital
training through the consortium.
Sec. 616. Rural Domestic Preparedness Consortium.
This section authorizes the Rural Domestic Preparedness
Consortium, which provides training to emergency response
providers from rural communities. This section authorizes $5
million out of the amount appropriated for the Continuing
Training Grants to be used for the Rural Domestic Preparedness
Consortium.
Sec. 617. Emergency support functions.
This section requires the Administrator to periodically
update the National Response Framework. Additionally, based on
findings from a recent Government Accountability Office (GAO)
report, this section requires the President, through the
Administrator, to develop and provide to relevant Federal
agencies and departments, metrics to ensure readiness to
execute responsibilities under the National Response
Framework's Emergency Support Functions.
Sec. 618. Review of National Incident Management System.
The Committee believes that as threats to the homeland
evolve, we must maintain our ability to efficiently adapt to
the threats. This section amends the Homeland Security Act of
2002 by requiring the National Incident Management System to be
updated not less than once every 5 years. During this process,
FEMA should work with critical partners in the first responder
community, including law enforcement, to ensure their input and
expertise is appropriately incorporated to meet capabilities in
the field.
Sec. 619. Remedial action management program.
The section requires the Administrator to utilize the
Remedial Action Management Program, authorized in the Post
Katrina Emergency Management Reform Act of 2006, for the
purpose of coordinating corrective actions identified as a
result of exercises and the response to acts of terrorism and
both man-made and natural disasters. The section also requires
the FEMA Administrator to electronically share after-action
reports and information on lessons learned and best practices
from responses to acts of terrorism, natural disasters, and
other exercises or emergencies with Congress and relevant
Federal, State, local, tribal, and private sector officials.
Recent GAO work has identified the need for Federal departments
and agencies to coordinate efforts to close capability gaps
identified in Federal response after-action reports.
Sec. 620. Cyber preparedness.
This section seeks to ensure information related to cyber
risks and threats is shared with fusion centers. This section
includes, as a function of the National Cybersecurity and
Communications Integration Center (NCCIC), sharing information
about cyber best practices, in addition to the sharing of cyber
threat indicators and defensive measures currently required by
law. The section also authorizes representatives from fusion
centers to be assigned to the NCCIC, similar to the assignment
of representatives from information sharing and analysis
centers (ISACs) permitted under current law. Further this
section expresses the sense of Congress that the Department of
Homeland Security should, to the greatest extent practicable,
work to establish tear lines so actionable intelligence related
to cyber threats may be shared with those without clearances.
This section is similar to H.R. 584, which passed the House by
voice vote on January 31, 2017.
The Committee has heard that, while improving, the flow of
Federal cyber threat and risk information to State and local
emergency response providers is slow and over-classified.
Additionally, for several years now, FEMA has released an
annual National Preparedness Report, which highlights the
States' 32 core capabilities, as defined by the National
Preparedness Goal. Since the first National Preparedness Report
was released in 2012, States have ranked their cybersecurity
capabilities as one of their lowest.
The current process of sharing information has caused
emergency response providers to be reactive rather than
proactive in addressing the current cyber threats. To date,
there are 79 fusion centers across the Nation with the primary
mission to serve as the conduit between the Federal Government
and States and localities for the sharing of intelligence and
homeland security information. Most fusion centers have
developed dissemination channels that can be used to ensure
cyber threat and risk information is getting to the appropriate
emergency response providers. Additionally, the Committee
supports the ability of States and urban areas to use SHSGP and
UASI funds for cyber preparedness. This section will ensure
that SHSGP and UASI funds remain available for cyber
preparedness. The Department should work to establish tear
lines to ensure valuable cyber threat information is
disseminated to all appropriate stakeholders.
Sec. 621. Major metropolitan area counterterrorism training and
exercise grant program.
This section establishes the Major Metropolitan Area
Counterterrorism Training and Exercise Grant Program.
Specifically, the section authorizes $39 million in annual
grants from fiscal years 2018 through 2022 for emergency
response providers to enable them to prevent, prepare for, and
respond to emerging terrorist attack scenarios, including
complex, coordinated terrorist attacks and active shooters,
against major metropolitan areas. Eligible applicants for this
program include emergency response providers in jurisdictions
that are currently receiving, or that previously received,
Urban Area Security Initiative funding. Recipients of this
program may use the above described funding for identifying
capability gaps, developing and updating plans, as well as
conducting training and exercises associated with complex,
coordinated terrorist attacks. FEMA should ensure that funding
authorized under this section is not utilized for purely
administrative purposes. Additionally, FEMA is required to
collect, analyze, and disseminate information for first
responders on lessons learned and best practices from
activities conducted using these grant funds. This section is
similar to H.R. 2188, which passed the Committee earlier this
year.
Sec. 622. Center for Domestic Preparedness.
This section requires FEMA to develop an implementation
plan and submit to Congress information on efforts to implement
recommendations from the Management Review of the Chemical,
Ordinance, Biological, and Radiological Training Facility at
the Center for Domestic Preparedness. Additionally, the
Government Accountability Office is required to review and
report to Congress on FEMA's progress implementing the
recommendations.
Last year, the Committee learned that the Center for
Domestic Preparedness was unknowingly using ricin holotoxin,
rather than an inactive form of ricin, in first responder
training at the Chemical, Ordinance, Biological, and
Radiological Training Facility. FEMA conducted a review of the
training facility and issued management recommendations to
prevent another incident like this from happening.
Sec. 623. Operation Stonegarden.
This section establishes Operation Stonegarden, a
Department of Homeland Security grant program for law
enforcement agencies to help improve border security. The
section authorizes Operation Stonegarden at $110,000,000 for
each Fiscal Year from 2018 to 2022.
Sec. 624. Non-Profit Security Grant Program.
This section establishes the Non-Profit Security Grant
Program within the Department of Homeland Security, which
awards grants to eligible non-profit organizations for
hardening activities including physical security enhancements
and inspection systems to protect against terrorist attacks.
The section authorizes the Non-Profit Security Grant Program at
$50,000,000 for each Fiscal Year from 2018 through 2022.
The Committee authorizes the Non-Profit Security Grant
Program for the first time, recognizing the impact of this
program on the security of non-profit organizations at risk of
terrorist attacks, many of which have seen an increase in
threats this year. In authorizing the program, the Committee
intends the Federal Emergency Management Agency to maintain the
current program guidelines, risk-based scoring, and review
process.
In recognition of this increase in threats, the Committee
expands eligibility to non-profit organizations located outside
of Urban Area Security Initiative (UASI) jurisdictions. The
section divides the funding authorization between the two types
of eligible applicants with $35 million authorized for
organizations in UASI jurisdictions and $15 million for
organizations outside UASI jurisdictions. This program has
traditionally been funded as a carve out of funding
appropriated for UASI. In expanding eligibility, the Committee
does not intend for organizations outside of UASI jurisdictions
to be funded from the UASI account.
Sec. 625. FEMA Senior Law Enforcement Advisor.
This section codifies the position, qualifications, and
responsibilities of the Senior Law Enforcement Advisor to the
Administrator of FEMA. The Senior Law Enforcement Advisor is
responsible for coordinating with State, local, and tribal law
enforcement officials to help prevent, protect, and respond to
natural disasters, terrorist attacks, or other manmade
disasters.
Law enforcement stakeholders have discussed the value of
the Senior Law Enforcement Advisor in their efforts to
communicate effectively with FEMA. This section codifies that
provision to ensure their voices are heard in the development
of policies and programs.
Sec. 626. Study of the use of grant funds for cybersecurity.
This section requires the Administrator of FEMA, in
consultation with relevant Department of Homeland Security
components, to report to Congress on how State Homeland
Security Grant Program and Urban Area Security Initiative grant
funds are used to prepare for and respond to cybersecurity
incidents. Every year it has been published, the National
Preparedness Report indicates that States rank cybersecurity as
the core capability in which they have the least confidence. At
the same time, Urban Area Security Initiative and State
Homeland Security Grant Program grantees generally do not
invest significant portions of their awards in addressing
cybersecurity gaps. In light of the evolving cybersecurity
threats, it is critical to understand why grantees are not
using grant funds to address this pressing national security
issue. The Committee urges FEMA to use the findings of its
report to better tailor grant guidance to help grantees
identify investments that will bolster cybersecurity
capabilities.
Sec. 627. Technical expert authorized.
This section codifies the Children's Technical Expert at
the Federal Emergency Management Agency. The provision is
identical to a provision in H.R. 1372, which passed the House
by voice vote on April 25, 2017.
In 2009, FEMA appointed Children's Needs Coordinator and
established a Children's Working Group to address the unique
needs of children during a disaster. Administrator Fugate
eliminated the position in 2012, but restored it in 2015
pursuant to a recommendation made by the FEMA National Advisory
Council (NAC). According to the NAC, significant gaps remain
related to integrating children into disaster planning. Former
Administrator Fugate acknowledged as much when he testified
that incorporating the needs of children into disaster policy
and planning is ``not something that's in the DNA yet.'' At
present, FEMA has a technical expert that focuses on the needs
of children in disasters, but the position is not formally
authorized. By formally authorizing the Children's Technical
Expert, the Committee is making clear that integrating children
in emergency planning, policies, and activities should be a
priority at FEMA.
Subtitle B-Communications
Sec. 631. Office of Emergency Communications.
This section restricts the Secretary of Homeland Security's
ability to change the location or reporting structure of the
Office of Emergency Communications (OEC) without prior
authorization from the House Committee on Homeland Security and
the Senate Committee on Homeland Security and Governmental
Affairs.
First responder organizations, one of OEC's primary
constituents, have expressed concern with the Department of
Homeland Security's plans to move OEC as part of its
reorganization of the National Protection and Programs
Directorate (NPPD). The Committee is currently working with the
Department and stakeholders on legislation authorizing NPPD and
its structure, which will include OEC. Until such time as that
legislation is enacted, the Committee expects OEC to remain in
its current location.
Sec. 632. Responsibilities of Office of Emergency Communications
Director.
This section makes technical corrections to the
responsibilities of the Director of the Office of Emergency
Communications and codifies additional responsibilities.
Sec. 633. Annual reporting on activities of the Office of Emergency
Communications.
This section requires the Director of the Office of
Emergency Communications to submit an annual report, for the
next 5 years, to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House and the Committee
on Homeland Security and Governmental Affairs of the Senate on
the activities and programs of the Office of Emergency
Communications. The reports must include specific information
on the Office's efforts to: promote communication among
emergency response providers during disasters; conduct
nationwide outreach to foster the development of interoperable
emergency communications capabilities; and provide
interoperable emergency communications technical assistance to
State, regional, local, and tribal government officials.
Sec. 634. National Emergency Communications Plan.
This section requires the Office of Emergency
Communications to update the National Emergency Communications
Plan at least once every 5 years and consider the impact of
emerging technologies on the attainment of interoperable
communications as part of that update.
Sec. 635. Technical edit.
This section makes technical corrections to the Emergency
Communications Title of the Homeland Security Act of 2002.
Sec. 636. Public Safety Broadband Network.
This section requires the Under Secretary of the Department
of Homeland Security's National Protection and Programs
Directorate to submit information to the House Committee on
Homeland Security, the House Committee on Energy and Commerce,
and the Senate Committee on Homeland Security and Governmental
Affairs on the Department of Homeland Security's
responsibilities related to the development of the nationwide
Public Safety Broadband Network. This includes information on
efforts by the Department to work with the First Responder
Network Authority to identify and address cyber risks that
could impact the near or long term availability and operations
of the network and recommendations to mitigate such risks.
Sec. 637. Communications training.
Based on the findings of a GAO report, this section
requires the Under Secretary for Management, in coordination
with appropriate component heads, to develop a mechanism to
verify that radio users at the Department of Homeland Security
receive relevant radio training.
Subtitle C-Medical Preparedness
Sec. 641. Chief Medical Officer.
This section codifies the current responsibilities of the
Department's Chief Medical Officer, including coordinating the
Department's policy, strategy, and preparedness for pandemic
influenza and emerging infectious diseases; ensuring the
Department work force has standards, policies, and metrics for
occupational safety and health; and providing medical liaisons
to the Department's components.
Sec. 642. Medical Countermeasures Program.
This section authorizes the Department of Homeland
Security's medical countermeasures program to protect the DHS
work force, working animals, and individuals in the
Department's care and custody from the effects of chemical,
biological, radiological, and nuclear agents, and to ensure
mission continuity. The section also addresses findings from a
September 2014 DHS Inspector General review of the medical
countermeasures program. Additionally, this section requires
the Chief Medical Officer to establish a medical
countermeasures working group comprised of representatives from
relevant Department components and offices. The working group
is responsible for ensuring medical countermeasures standards
are maintained and guidance is consistent. Further, the Chief
Medical Officer must report to the House Committee on Homeland
Security and the Senate Committee on Homeland Security and
Governmental Affairs, within 180 days of enactment of this Act,
on efforts made to achieve the requirements of this section.
The Committee is concerned with findings from an August
2014 DHS Inspector General review of the Department's medical
countermeasure program, DHS Has Not Effectively Managed
Pandemic Personal Protective Equipment and Antiviral Medical
Countermeasures (OIG-14-129). As a result, the section
addresses the Inspector General recommendations related to
medical countermeasure quantity determination; stockpile
replenishment; inventory tracking; and cross-component
standards for storage, security, dispensing and documentation.
Subtitle D-Management
Sec. 651. Mission support.
This section requires the Administrator of FEMA to
designate an individual to serve as the chief management
official and principal advisor to the FEMA Administrator on
matters related to the management of FEMA.
The Committee is supportive of FEMA's efforts to strengthen
and improve its management through the Mission Support Bureau
and authorizes the designation of a chief management official
and principal advisor to the FEMA Administrator on issues
related to the five management business lines: human resources,
procurement, information technology, real property, and
security. The Committee believes the role of a chief management
official is essential to the efficient functioning of the
agency. The Committee believes FEMA must develop and implement
management controls to ensure appropriate oversight of Agency
management functions. The Committee continues to remain
concerned about previous findings from the DHS Office of
Inspector General and the Government Accountability Office.
Findings identified trends with program offices responsible for
the acquisition of systems that support FEMA's mission which
did not follow appropriate acquisition policies. As a result,
these million dollar acquisitions were subject to dysfunction,
life cycle cost increases, and limited oversight.
The Committee intends for the review of the five management
business lines to identify management controls, costs, number
of associated systems, associated capability gaps, and areas of
duplication both at FEMA headquarters and the ten regional
offices. Further, this review must include a strategy that
demonstrates how the designated management official captures
reliable, interoperable, and measurable data on all management
and administrative activities. The strategy should address any
problems identified in the review.
Sec. 652. Systems modernization.
This section requires the Administrator of FEMA to report
to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House and the
Committee on Homeland Security and Governmental Affairs of the
Senate on plans to modernize its grants and financial
information technology systems within 180 days of enactment of
this Act. The report should include lessons learned in the
summary of all previous efforts to modernize each of these
systems. This report should identify how each of these
modernization efforts are meeting cost schedule expectations
and the efforts being made to avoid delays in the acquisition
life cycle.
Sec. 653. Strategic human capital plan.
This section reinStates a requirement in the Post Katrina
Emergency Management Reform Act of 2006 requiring the
Administrator of FEMA to develop and submit to Congress a
strategic human capital plan. This plan must include a work
force gap analysis, recruitment and retention analysis,
performance metrics, and staffing goals.
According to a July 2015 GAO report, FEMA's Workforce
Management (GAO-15-437), FEMA's strategic work force plan for
2008-2012 did not include performance metrics or identify
potential work force gaps, overlaps, or inconsistencies.
Additionally, the National Academy for Public Administration
recommended that FEMA develop a 5-year strategic work force
plan that addresses retention challenges by implementing goals
and objectives for recruiting and retaining employees. In 2016,
FEMA ranked 284 out of 355 for best place to work in the
Federal Government according to the Partnership for Public
Service. To address these shortcomings, the Committee continues
the requirement that FEMA develop and implement a strategic
human capital plan. The Committee commends FEMA's efforts to
address these longstanding challenges by publishing the Human
Capital Strategic Plan for Fiscal Years 2016-2020. The
Committee will continue to follow FEMA's progress in
aggressively address challenges facing their work force.
Sec. 654. Office of Disability Integration and Coordination of
Department of Homeland Security.
This section codifies the Office of Disability Integration
and Coordination (ODIC) within FEMA to be responsible for
coordinating matters relating to individuals with disabilities
in before, during, and after natural disasters, terrorist
attacks, or other manmade disasters. Additionally, the section
requires the Government Accountability Office to study and
report to Congress on the funding and staffing needs of the
Office of Disability Integration and Coordination.
Hurricane Katrina revealed that adequate measures had not
been taken to integrate the needs of vulnerable populations
into disaster response planning. Congress responded by, among
other things, establishing the position of the Disability
Coordinator at FEMA to assess the unique needs of children
related to the preparation for, response to, and recovery from
all hazards, including major disasters and emergencies.
The Disability Coordinator was tasked with providing
guidance and coordination on matters related to individuals
with disabilities in emergency planning and relief efforts,
providing guidance to ensure disaster response plans, including
evacuation routes and transportation options accommodate and
are made known to individuals with disabilities, and
implementing policies to ensure that the rights and feedback of
individuals with disabilities regarding post-evacuation
residency and relocation are respected, among other things.. In
December 2009, the Disability Coordinator assumed the
leadership of a new Office of Disability Integration and
Coordination.
The Committee formally authorized the ODIC in recognition
of its important work advancing the goal of integrating the
needs of those with disabilities into emergency plans and the
work that remains to be done.
TITLE VII-OTHER MATTERS
Sec. 701. Decision regarding certain executive memoranda.
This section requires the Secretary of Homeland Security to
review existing Department of Homeland Security memoranda to
determine whether such memoranda should remain in effect and if
so whether any memoranda should be modified.
The Committee believes the Department should work to
streamline existing guidelines and supports action by the
Secretary to review and organize existing Department memoranda.
Sec. 702. Permanent authorization for Asia-Pacific Economic
Cooperation Business Travel Card Program.
This section will permanently authorize the Asia-Pacific
Economic Cooperation Business Travel Card Program (APEC) while
maintaining the Department of Homeland Security's authority to
revoke an individual's card if there is a sufficient security
justification.
Nearly 30,000 American business and government card-holders
will be able to access fast-track lanes at airports in the 21
APEC countries, which saves a significant amount of time. This
program is of no cost to taxpayers, and facilitates travel for
verified individuals who have enrolled in a trusted traveler
program. The program will sunset on September 30, 2018, and all
cards will expire in 2021. This section will permanently
authorize the APEC program while maintaining the Department's
authority to revoke an individual's card if there is a
sufficient security justification.
This section defines the term ``public and private sector
stakeholders'' as the meaning given such term in section
114(u)(1)(C) of title 49, United States Code, which the
Committee believes fully encompasses the intent of the overall
provision.
Sec. 703. Authorization of appropriations for Office of Inspector
General.
This section authorizes the Office of the Inspector General
of the Department of Homeland Security at $175,000,000 for each
Fiscal Year from 2018 to 2019.
Sec. 704. Canine teams.
This section authorizes the Commissioner of U.S. Customs
and Border Protection to request additional canine teams to
assist in the drug detection mission at the border. There must
be a justified and documented shortage of existing canine teams
in order to invoke this section. Canine teams serve a critical
function and are one of the most reliable assets for drug
detection.
The Committee believes that canines are a valuable resource
for CBP to detect drugs, and fully supports the Commissioner's
authority to deploy them as necessary.
Sec. 705. Technical amendments to the Homeland Security Act of 2002.
This section makes a number of technical changes to the
Homeland Security Act of 2002. The section also strikes section
872 of the Homeland Security Act of 2002, removing the
Secretary of Homeland Security's authority to reorganize the
Department of Homeland Security without specific congressional
authorization.
In keeping with its Article I constitutional powers, the
Committee believes that reorganization of the Department should
only occur following specific statutory authorization by
Congress.
Changes in Existing Law Made by the Bill, as Reported
The changes to existing law made by the bill in compliance
with clause 3(e) of rule XIII of the Rules of the House of
Representatives, were not made available at the time the report
was filed.
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