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H.R. 2825: DHS Authorization Act

The text of the bill below is as of Apr 16, 2018 (Reported by Senate Committee).


II

Calendar No. 381

115th CONGRESS

2d Session

H. R. 2825

IN THE SENATE OF THE UNITED STATES

July 20, 2017

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

April 16, 2018

Reported by , with an amendment

Strike out all after the enacting clause and insert the part printed in italic

AN ACT

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.

1.

Short title; table of contents

(a)

Short title

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

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Division A—Homeland Security

Title I—Department of Homeland Security Headquarters

Sec. 1001. Short title.

Subtitle A—Headquarters Operations

Sec. 1101. Homeland security enterprise defined.

Sec. 1102. Functions and components of Headquarters of Department of Homeland Security.

Sec. 1103. Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security.

Sec. 1104. Responsibilities and functions of Chief Privacy Officer.

Sec. 1105. Responsibilities of Chief Financial Officer.

Sec. 1106. Chief Information Officer.

Sec. 1107. Quadrennial Homeland Security review.

Sec. 1108. Office of Strategy, Policy, and Plans.

Sec. 1109. Office of External Affairs.

Sec. 1110. Chief Procurement Officer.

Sec. 1111. Chief Security Officer.

Sec. 1112. Office of Inspector General.

Sec. 1113. Office for Civil Rights and Civil Liberties.

Sec. 1114. Department of Homeland Security Rotation Program.

Sec. 1115. Future Years Homeland Security Program.

Sec. 1116. Field efficiencies plan.

Sec. 1117. Submission to Congress of information regarding reprogramming or transfer of Department of Homeland Security resources to respond to operational surges.

Sec. 1118. Report to Congress on cost savings and efficiency.

Sec. 1119. Research and development and CBRNE organizational review.

Sec. 1120. Activities related to children.

Subtitle B—Human Resources and Other Matters

Sec. 1131. Chief Human Capital Officer responsibilities.

Sec. 1132. Employee engagement steering committee and action plan.

Sec. 1133. Annual employee award program.

Sec. 1134. Independent investigation and implementation plan.

Sec. 1135. Timely guidance to DHS personnel regarding Executive orders.

Sec. 1136. Secretary’s responsibilities regarding election infrastructure.

Title II—Department of Homeland Security Acquisition Accountability and Efficiency

Sec. 1201. Definitions.

Subtitle A—Acquisition Authorities

Sec. 1211. Acquisition authorities for Under Secretary for Management of the Department of Homeland Security.

Sec. 1212. Acquisition authorities for Chief Financial Officer of the Department of Homeland Security.

Sec. 1213. Acquisition authorities for Chief Information Officer of the Department of Homeland Security.

Sec. 1214. Acquisition authorities for Program Accountability and Risk Management.

Sec. 1215. Acquisition innovation.

Subtitle B—Acquisition Program Management Discipline

Sec. 1221. Acquisition Review Board.

Sec. 1222. Requirements to reduce duplication in acquisition programs.

Sec. 1223. Department leadership council.

Sec. 1224. Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs.

Sec. 1225. Excluded party list system waivers.

Sec. 1226. Inspector General oversight of suspension and debarment.

Subtitle C—Acquisition Program Management Accountability and Transparency

Sec. 1231. Congressional notification for major acquisition programs.

Sec. 1232. Multiyear Acquisition Strategy.

Sec. 1233. Acquisition reports.

Title III—Intelligence and Information Sharing

Subtitle A—Department of Homeland Security Intelligence Enterprise

Sec. 1301. Homeland intelligence doctrine.

Sec. 1302. Analysts for the Chief Intelligence Officer.

Sec. 1303. Annual homeland terrorist threat assessments.

Sec. 1304. Department of Homeland Security data framework.

Sec. 1305. Establishment of Insider Threat Program.

Sec. 1306. Threat assessment on terrorist use of virtual currency.

Sec. 1307. Department of Homeland Security counterterrorism advisory board.

Sec. 1308. Border and gang threat assessment.

Sec. 1309. Security clearance management and administration.

Subtitle B—Stakeholder Information Sharing

Sec. 1311. Department of Homeland Security Fusion Center Partnership Initiative.

Sec. 1312. Fusion center personnel needs assessment.

Sec. 1313. Program for State and local analyst clearances.

Sec. 1314. Information technology assessment.

Sec. 1315. Department of Homeland Security classified facility inventory and dissemination.

Sec. 1316. Terror inmate information sharing.

Sec. 1317. Annual report on Office for State and Local Law Enforcement.

Sec. 1318. Annual catalog on Department of Homeland Security training, publications, programs, and services for State, local, and tribal law enforcement agencies.

Title IV—Maritime Security

Sec. 1401. Strategic plan to enhance the security of the international supply chain.

Sec. 1402. Container Security Initiative.

Sec. 1403. Cyber at ports.

Sec. 1404. Facility inspection intervals.

Sec. 1405. Updates of maritime operations coordination plan.

Sec. 1406. Evaluation of Coast Guard Deployable Specialized Forces.

Sec. 1407. Cost benefit analysis of co-locating DHS assets.

Sec. 1408. Repeal of interagency operational centers for port security and secure systems of transportation.

Sec. 1409. Maritime security capabilities assessments.

Sec. 1410. Conforming and clerical amendments.

Title V—Transportation Security Administration

Subtitle A—Administration

Sec. 1501. Amendments to the Homeland Security Act of 2002 and title 5, United States Code.

Sec. 1502. Amendments to title 49, United States Code.

Sec. 1503. Amendments to the Aviation and Transportation Security Act.

Sec. 1504. Information required to be submitted to Congress under the strategic 5-year technology investment plan of the Transportation Security Administration.

Sec. 1505. Maintenance of security-related technology.

Sec. 1506. Transportation Security Administration efficiency.

Sec. 1507. Transportation senior executive service accountability.

Subtitle B—Passenger Security and Screening

Sec. 1511. Department of Homeland Security trusted traveler program collaboration.

Sec. 1512. PreCheck Biometric pilot project.

Sec. 1513. Identity and travel document verification.

Sec. 1514. Computed tomography pilot project.

Sec. 1515. Explosives detection canine teams for aviation.

Sec. 1516. Standard operating procedures at airport checkpoints.

Sec. 1517. Traveler redress improvement.

Sec. 1518. Screening in areas other than passenger terminals.

Sec. 1519. Federal Air Marshal Service agreements.

Sec. 1520. Federal Air Marshal mission scheduling automation.

Sec. 1521. Canine detection research and development.

Sec. 1522. International Civil Aviation Organization.

Sec. 1523. Passenger security fee.

Sec. 1524. Last point of departure airport certification.

Sec. 1525. Security incident response at airports and surface transportation hubs.

Sec. 1526. Airport security screening opt-out program.

Sec. 1527. Personnel management system review.

Sec. 1528. Innovation task force.

Sec. 1529. Airport law enforcement reimbursement.

Subtitle C—Transportation Security Screening Personnel Training and Accountability

Sec. 1531. Transportation security training programs.

Sec. 1532. Alternate new security screening personnel training program cost and feasibility study.

Sec. 1533. Prohibition of advance notice of covert testing to security screeners.

Subtitle D—Airport Access Controls and Perimeter Security

Sec. 1541. Reformation of certain programs of the Transportation Security Administration.

Sec. 1542. Airport perimeter and access control security.

Sec. 1543. Exit lane security.

Sec. 1544. Reimbursement for deployment of armed law enforcement personnel at airports.

Subtitle E—Air Cargo Security

Sec. 1551. Air cargo advance screening program.

Sec. 1552. Explosives detection canine teams for air cargo security.

Subtitle F—Information Sharing and Cybersecurity

Sec. 1561. Information sharing and cybersecurity.

Subtitle G—Surface Transportation Security

Sec. 1571. Definitions.

Sec. 1572. Surface transportation security assessment and implementation of risk-based strategy.

Sec. 1573. Risk-based budgeting and resource allocation.

Sec. 1574. Surface transportation security management and interagency coordination review.

Sec. 1575. Transparency.

Sec. 1576. TSA counterterrorism asset deployment.

Sec. 1577. Surface transportation security advisory committee.

Sec. 1578. Review of the explosives detection canine team program.

Sec. 1579. Expansion of national explosives detection canine team program.

Sec. 1580. Explosive detection technology.

Sec. 1581. Study on security standards and best practices for United States and foreign passenger transportation systems.

Sec. 1582. Amtrak security upgrades.

Sec. 1583. Study on surface transportation inspectors.

Sec. 1584. Security awareness program.

Sec. 1585. Voluntary use of credentialing.

Sec. 1586. Background records checks for issuance of hazmat licenses.

Sec. 1587. Recurrent vetting for surface transportation credential-holders.

Sec. 1588. Pipeline security study.

Subtitle H—Security Enhancements in Public Areas of Transportation Facilities

Sec. 1591. Working group.

Sec. 1592. Technical assistance; Vulnerability assessment tools.

Sec. 1593. Operations centers.

Sec. 1594. Review of regulations.

Sec. 1595. Definition.

Title VI—Emergency Preparedness, Response, and Communications

Subtitle A—Grants, Training, Exercises, and Coordination

Sec. 1601. Urban Area Security Initiative.

Sec. 1602. State Homeland Security Grant Program.

Sec. 1603. Grants to directly eligible tribes.

Sec. 1604. Law enforcement terrorism prevention.

Sec. 1605. Prioritization.

Sec. 1606. Allowable uses.

Sec. 1607. Approval of certain equipment.

Sec. 1608. Memoranda of understanding.

Sec. 1609. Grants metrics.

Sec. 1610. Grant management best practices.

Sec. 1611. Prohibition on consolidation.

Sec. 1612. Maintenance of grant investments.

Sec. 1613. Transit security grant program.

Sec. 1614. Port security grant program.

Sec. 1615. Cyber preparedness.

Sec. 1616. Major metropolitan area counterterrorism training and exercise grant program.

Sec. 1617. Operation Stonegarden.

Sec. 1618. Non-Profit Security Grant Program.

Sec. 1619. Study of the use of grant funds for cybersecurity.

Subtitle B—Communications

Sec. 1631. Office of Emergency Communications.

Sec. 1632. Responsibilities of Office of Emergency Communications Director.

Sec. 1633. Annual reporting on activities of the Office of Emergency Communications.

Sec. 1634. National Emergency Communications Plan.

Sec. 1635. Technical edit.

Sec. 1636. Public Safety Broadband Network.

Sec. 1637. Communications training.

Subtitle C—Medical Preparedness

Sec. 1641. Chief Medical Officer.

Sec. 1642. Medical Countermeasures Program.

Title VII—Other Matters

Sec. 1701. Decision regarding certain executive memoranda.

Sec. 1702. Permanent authorization for Asia-Pacific Economic Cooperation Business Travel Card Program.

Sec. 1703. Authorization of appropriations for Office of Inspector General.

Sec. 1704. Canine teams.

Sec. 1705. Technical amendments to the Homeland Security Act of 2002.

Sec. 1706. Savings clause.

Division B—U.S. Immigration and Customs Enforcement

Sec. 2001. Short title.

Sec. 2002. Establishment of U.S. Immigration and Customs Enforcement.

Division C—United States Citizenship and Immigration Services

Sec. 3001. Short title.

Sec. 3002. Establishment of United States Citizenship and Immigration Services.

Division D—United States Secret Service

Sec. 4001. Short title.

Sec. 4002. Presidential appointment of Director of the Secret Service.

Sec. 4003. Restricted building or grounds.

Sec. 4004. Threats against former vice presidents.

Sec. 4005. Increased training.

Sec. 4006. Training facilities.

Sec. 4007. Evaluation of vulnerabilities and threats.

Sec. 4008. Evaluation of use of technology.

Sec. 4009. Evaluation of use of additional weaponry.

Sec. 4010. Security costs for secondary residences.

Sec. 4011. Establishment of Ethics Program Office.

Sec. 4012. Secret Service protection at polling places.

Sec. 4013. Sense of Congress.

Division E—Coast Guard

Sec. 5001. Short title.

Title I—Authorizations

Sec. 5101. Authorizations of appropriations.

Sec. 5102. Authorized levels of military strength and training.

Title II—Coast Guard

Sec. 5201. Training; public safety personnel.

Sec. 5202. Commissioned service retirement.

Sec. 5203. Officer promotion zones.

Sec. 5204. Cross reference.

Sec. 5205. Repeal.

Sec. 5206. Unmanned aircraft system.

Sec. 5207. Coast Guard health-care professionals; licensure portability.

Sec. 5208. Incentive contracts for Coast Guard yard and industrial establishments.

Sec. 5209. Maintaining cutters in class.

Sec. 5210. Congressional affairs; Director.

Sec. 5211. Contracting for major acquisitions programs.

Sec. 5212. National Security Cutter.

Sec. 5213. Radar refresher training.

Sec. 5214. Repeal.

Sec. 5215. Extension of authority.

Sec. 5216. Authorization of amounts for Fast Response Cutters.

Sec. 5217. Authorization of amounts for ice trials of icebreaker vessels.

Sec. 5218. Shoreside infrastructure.

Sec. 5219. Aircraft improvements.

Sec. 5220. Acquisition plan for inland waterway and river tenders and Bay-class icebreakers.

Sec. 5221. Report on sexual assault victim recovery in the Coast Guard.

Title III—Ports and Waterways Safety

Sec. 5301. Codification of Ports and Waterways Safety Act.

Sec. 5302. Conforming amendments.

Sec. 5303. Transitional and savings provisions.

Sec. 5304. Rule of construction.

Sec. 5305. Advisory Committee: Repeal.

Sec. 5306. Regattas and marine parades.

Sec. 5307. Regulation of vessels in territorial waters of United States.

Title IV—Maritime Transportation Safety

Sec. 5401. Clarification of logbook entries.

Sec. 5402. Technical corrections: licenses, certifications of registry, and merchant mariner documents.

Sec. 5403. Numbering for undocumented barges.

Sec. 5404. Drawbridge deviation exemption.

Sec. 5405. Deadline for compliance with alternate safety compliance programs.

Sec. 5406. Authorization for marine debris program.

Sec. 5407. Alternative distress signals.

Sec. 5408. Atlantic Coast Port Access Route Study recommendations.

Sec. 5409. Documentation of recreational vessels.

Sec. 5410. Certificates of documentation for recreational vessels.

Sec. 5411. Backup global positioning system.

Sec. 5412. Waters deemed not navigable waters of the United States for certain purposes.

Sec. 5413. Uninspected passenger vessels in St. Louis County, Minnesota.

Sec. 5414. Engine cut-off switch requirements.

Sec. 5415. Analysis of commercial fishing vessel classification requirements.

Title V—Miscellaneous

Sec. 5501. Repeal.

Sec. 5502. Reimbursements for non-Federal construction costs of certain aids to navigation.

Sec. 5503. Corrections to provisions enacted by Coast Guard Authorization Acts.

Sec. 5504. Ship Shoal Lighthouse transfer: Repeal.

Sec. 5505. Coast Guard maritime domain awareness.

Sec. 5506. Towing safety management system fees.

Sec. 5507. Oil spill disbursements auditing and report.

Sec. 5508. Land exchange, Ayakulik Island, Alaska.

Sec. 5509. Vessel response plans in the Arctic Report.

Sec. 5510. Assessment of public comments on additional anchorages on the Hudson River.

Sec. 5511. Public safety answering points and maritime search and rescue coordination.

Sec. 5512. Documentation of America’s Finest.

Division F—Federal Emergency Management Agency (FEMA)

Sec. 6001. Short title.

Sec. 6002. Reauthorization of Federal Emergency Management Agency.

Sec. 6003. Comprehensive study of disaster costs and losses.

Sec. 6004. National Domestic Preparedness Consortium.

Sec. 6005. Rural Domestic Preparedness Consortium.

Sec. 6006. National preparation and response efforts relating to earthquakes and tsunamis.

Sec. 6007. Authorities.

Sec. 6008. Center for faith-based and neighborhood partnerships.

Sec. 6009. Emergency support functions.

Sec. 6010. Review of National Incident Management System.

Sec. 6011. Remedial action management program.

Sec. 6012. Center for Domestic Preparedness.

Sec. 6013. FEMA Senior Law Enforcement Advisor.

Sec. 6014. Technical expert authorized.

Sec. 6015. Mission support.

Sec. 6016. Systems modernization.

Sec. 6017. Strategic human capital plan.

Sec. 6018. Office of Disability Integration and Coordination of Department of Homeland Security.

Sec. 6019. Technical amendments to National Emergency Management.

2.

References

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

A

Homeland Security

I

Department of Homeland Security Headquarters

1001.

Short title

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

A

Headquarters Operations

1101.

Homeland security enterprise defined

Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended—

(1)

by redesignating paragraphs (9) through (20) as paragraphs (10) through (21), respectively; and

(2)

by inserting after paragraph (8) the following new paragraph (9):

(9)

The term homeland security enterprise means any relevant governmental or nongovernmental entity involved in homeland security, including a Federal, State, or local government official, private sector representative, academic, or other policy expert.

.

1102.

Functions and components of Headquarters of Department of Homeland Security

Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking through the Office of State and Local Coordination (established under section 801) and inserting through the Office of Partnership and Engagement;

(B)

in paragraph (2), by striking and after the semicolon at the end;

(C)

in paragraph (3), by striking the period and inserting ; and; and

(D)

by adding at the end the following:

(4)

entering into agreements with governments of other countries, in consultation with the Secretary of State, and international nongovernmental organizations in order to achieve the missions of the Department.

; and

(2)

by adding at the end the following new subsection:

(h)

Headquarters

(1)

Components

There is in the Department a Headquarters. The Department Headquarters shall include each of the following:

(A)

The Office of the Secretary.

(B)

The Office of the Deputy Secretary.

(C)

The Executive Secretary.

(D)

The Management Directorate, including the Office of the Chief Financial Officer.

(E)

The Office of Strategy, Policy, and Plans.

(F)

The Office of the General Counsel.

(G)

The Office of the Chief Privacy Officer.

(H)

The Office for Civil Rights and Civil Liberties.

(I)

The Office of Operations Coordination.

(J)

The Office of Intelligence and Analysis.

(K)

The Office of Legislative Affairs.

(L)

The Office of Public Affairs.

(M)

The Office of the Inspector General.

(N)

The Office of the Citizenship and Immigration Services Ombudsman.

(O)

The Office of Partnership and Engagement.

(2)

Functions

The Secretary, acting through the appropriate official of the Headquarters, shall—

(A)

establish an overall strategy to successfully further the mission of the Department;

(B)

establish initiatives that improve Department-wide operational performance;

(C)

establish mechanisms to—

(i)

ensure that components of the Department comply with Department policies and fully implement the strategies and initiatives of the Secretary; and

(ii)

require the head of each component of the Department and component chief officers to comply with such policies and implement such strategies and initiatives;

(D)

establish annual operational and management objectives to evaluate the performance of the Department;

(E)

ensure that the Department successfully meets operational and management performance objectives through conducting oversight of component agencies;

(F)

ensure that the strategies, priorities, investments, and workforce of Department components align with Department objectives;

(G)

establish and implement policies related to Department ethics and compliance standards;

(H)

establish and implement, in consultation with the Office of Civil Rights and Civil Liberties, policies which preserve individual liberty, fairness, and equality under the law;

(I)

manage and encourage shared services across Department components;

(J)

lead and coordinate interaction with Congress and other external organizations; and

(K)

carry out other such functions as the Secretary determines are appropriate.

.

1103.

Repeal of Director of Shared Services and Office of Counternarcotics Enforcement of Department of Homeland Security

(a)

Abolishment of Director of Shared Services

(1)

Abolishment

The position of Director of Shared Services of the Department of Homeland Security is abolished.

(2)

Conforming amendment

The Homeland Security Act of 2002 is amended by striking section 475 (6 U.S.C. 295).

(3)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 475.

(b)

Abolishment of the Office of Counternarcotics Enforcement

(1)

Abolishment

The Office of Counternarcotics Enforcement is abolished.

(2)

Conforming amendments

The Homeland Security Act of 2002 is amended—

(A)

in subparagraph (B) of section 843(b)(1) (6 U.S.C. 413(b)(1)), by striking by— and all that follows through the end of that subparagraph and inserting by the Secretary; and; and

(B)

by striking section 878 (6 U.S.C. 112).

(3)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 878.

1104.

Responsibilities and functions of Chief Privacy Officer

(a)

In general

Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by inserting to be the Chief Privacy Officer of the Department, after in the Department,; and

(ii)

by striking to the Secretary, to assume and inserting to the Secretary. Such official shall have;

(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.

.

1105.

Responsibilities of Chief Financial Officer

(a)

In general

Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is amended—

(1)

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

Responsibilities

In carrying out the responsibilities, authorities, and functions specified in section 902 of title 31, United States Code, the Chief Financial Officer shall—

(1)

oversee Department budget formulation and execution;

(2)

lead and provide guidance on performance-based budgeting practices for the Department to ensure that the Department and its components are meeting missions and goals;

(3)

lead cost-estimating practices for the Department, including the development of policies on cost estimating and approval of life cycle cost estimates;

(4)

coordinate with the Office of Strategy, Policy, and Plans to ensure that the development of the budget for the Department is compatible with the long-term strategic plans, priorities, and policies of the Secretary;

(5)

develop financial management policy for the Department and oversee the implementation of such policy, including the establishment of effective internal controls over financial reporting systems and processes throughout the Department;

(6)

provide guidance for and over financial system modernization efforts throughout the Department;

(7)

lead the efforts of the Department related to financial oversight, including identifying ways to streamline and standardize business processes;

(8)

oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the lifecycle of such programs and activities;

(9)

fully implement a common accounting structure to be used across the entire Department by fiscal year 2020; and

(10)

track, approve, oversee, and make public information on expenditures by components of the Department for conferences, as appropriate, including by requiring each component to—

(A)

report to the Inspector General of the Department the expenditures by such component for each conference hosted or attended by Department employees for which the total expenditures of the Department exceed $20,000, within 15 days after the date of the conference; and

(B)

with respect to such expenditures, provide to the Inspector General—

(i)

the information described in subsections (a), (b), and (c) of section 739 of title VII of division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235); and

(ii)

documentation of such expenditures.

.

(b)

Rule of construction

Nothing in the amendment made by this section may be construed as altering or amending the responsibilities, authorities, and functions of the Chief Financial Officer of the Department of Homeland Security under section 902 of title 31, United States Code.

1106.

Chief Information Officer

(a)

In general

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended—

(1)

in subsection (a), by adding at the end the following new sentence: In addition to the functions under section 3506(a)(2) of title 44, United States Code, the Chief Information Officer shall perform the functions set forth in this section and such other functions as may be assigned by the Secretary.;

(2)

by redesignating subsection (b) as subsection (d); and

(3)

by inserting after subsection (a) the following new subsections:

(b)

Responsibilities

In addition to performing the functions under section 3506 of title 44, United States Code, the Chief Information Officer shall serve as the lead technical authority for information technology programs of the Department and Department components, and shall—

(1)

advise and assist the Secretary, heads of the components of the Department, and other senior officers in carrying out the responsibilities of the Department for all activities relating to the budgets, programs, security, and operations of the information technology functions of the Department;

(2)

to the extent delegated by the Secretary, exercise leadership and authority over Department information technology management and establish the information technology priorities, policies, processes, standards, guidelines, and procedures of the Department to ensure interoperability and standardization of information technology;

(3)

maintain a consolidated inventory of the mission critical and mission essential information systems of the Department, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems;

(4)

maintain the security, visibility, reliability, integrity, and availability of data and information technology of the Department;

(5)

establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for purchases of information technology, in consultation with the Chief Procurement Officer of the Department;

(6)

review contracts and interagency agreements associated with major information technology investments and information technology investments that have had cost, schedule, or performance challenges in the past;

(7)

assess the risk of all major information technology investments and publically report the risk rating to the Office of Management and Budget; and

(8)

carry out any other responsibilities delegated by the Secretary consistent with an effective information system management function.

(c)

Strategic plans

In coordination with the Chief Financial Officer, the Chief Information Officer shall develop an information technology strategic plan every five years and report to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate on the extent to which—

(1)

the budget of the Department aligns with priorities specified in the information technology strategic plan;

(2)

the information technology strategic plan informs the budget process of the Department;

(3)

information technology priorities were or were not funded and the reasons for not funding all priorities in a given fiscal year;

(4)

the Department has identified and addressed skills gaps needed to implement the information technology strategic plan; and

(5)

unnecessary duplicate information technology within and across the components of the Department has been eliminated.

.

(b)

Software licensing

(1)

Software inventory

Not later than 180 days after the date of the enactment of this Act and every two years thereafter until 2022, the Chief Information Officer of the Department of Homeland Security, in consultation with Department component chief information officers, shall—

(A)

conduct a Department-wide inventory of all existing software licenses held by the 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.

1107.

Quadrennial Homeland Security review

(a)

In general

Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended—

(1)

in subsection (a)(3)—

(A)

in subparagraph (B), by striking and at the end;

(B)

by redesignating subparagraph (C) as subparagraph (D); and

(C)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)

representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and

;

(2)

in subsection (b)—

(A)

in paragraph (2), by inserting before the semicolon at the end the following: based on the risk assessment required pursuant to subsection (c)(2)(B);

(B)

in paragraph (3)—

(i)

by inserting , to the extent practicable, after describe; and

(ii)

by striking budget plan and inserting resources required;

(C)

in paragraph (4)—

(i)

by inserting , to the extent practicable, after identify;

(ii)

by striking budget plan required to provide sufficient resources to successfully and inserting resources required to; and

(iii)

by striking the semicolon at the end and inserting , including any resources identified from redundant, wasteful, or unnecessary capabilities and capacities that can be redirected to better support other existing capabilities and capacities, as the case may be; and;

(D)

in paragraph (5), by striking ; and and inserting a period; and

(E)

by striking paragraph (6);

(3)

in subsection (c)—

(A)

in paragraph (1), by striking December 31 of the year and inserting 60 days after the date of the submittal of the President’s budget for the fiscal year after the fiscal year;

(B)

in paragraph (2)—

(i)

in subparagraph (B), by striking description of the threats to and inserting risk assessment of;

(ii)

in subparagraph (C), by inserting , as required under subsection (b)(2) before the semicolon at the end;

(iii)

in subparagraph (D)—

(I)

by inserting to the extent practicable, before a description; and

(II)

by striking budget plan and inserting resources required;

(iv)

in subparagraph (F)—

(I)

by inserting to the extent practicable, before a discussion; and

(II)

by striking the status of;

(v)

in subparagraph (G)—

(I)

by inserting to the extent practicable, before a discussion;

(II)

by striking the status of;

(III)

by inserting and risks before to national homeland; and

(IV)

by inserting and after the semicolon at the end;

(vi)

by striking subparagraph (H); and

(vii)

by redesignating subparagraph (I) as subparagraph (H);

(C)

by redesignating paragraph (3) as paragraph (4); and

(D)

by inserting after paragraph (2) the following new paragraph (3):

(3)

Documentation

The Secretary shall retain the following documentation regarding the quadrennial homeland security review:

(A)

Records regarding the consultation carried out the pursuant to subsection (a)(3), including—

(i)

all written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in-person discussions, and the interagency process; and

(ii)

information on how feedback received by the Secretary informed the quadrennial homeland security review.

(B)

Information regarding the risk assessment, as required under subsection (c)(2)(B), including—

(i)

the risk model utilized to generate the risk assessment;

(ii)

information, including data used in the risk model, utilized to generate the risk assessment;

(iii)

sources of information, including other risk assessments, utilized to generate the risk assessment; and

(iv)

information on assumptions, weighing factors, and subjective judgments utilized to generate the risk assessment, together with information on the rationale or basis thereof.

; and

(4)

by redesignating subsection (d) as subsection (e); and

(5)

by inserting after subsection (c) the following new subsection (d):

(d)

Review

Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review covered by the report were integrated into the acquisition strategy and expenditure plans for the Department.

.

(b)

Effective date

The amendments made by this section shall apply with respect to a quadrennial homeland security review conducted after December 31, 2017.

1108.

Office of Strategy, Policy, and Plans

(a)

In general

Section 708 of the Homeland Security Act of 2002 (as redesignated pursuant to section 1705(g) of this Act; relating to the Office of Strategy, Policy, and Plans of the Department of Homeland Security) is amended—

(1)

in subsection (a), by adding at the end the following:

The Office of Strategy, Policy, and Plans shall include the following components:

(1)

The Office of International Affairs.

(2)

The Office of Cyber, Infrastructure, and Resilience Policy.

(3)

The Office of Strategy, Planning, Analysis, and Risk.

(4)

The Office of Threat Prevention and Security Policy.

(5)

The Office of Border, Immigration, and Trade Policy.

;

(2)

by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and

(3)

by inserting after subsection (d) the following new subsection:

(e)

Assistant Secretary for International Affairs

The Office of International Affairs shall be led by an Assistant Secretary for International Affairs appointed by the Secretary. The Assistant Secretary shall—

(1)

coordinate international activities within the Department, including activities carried out by the components of the Department, in consultation with other Federal officials with responsibility for counterterrorism and homeland security matters;

(2)

advise, inform, and assist the Secretary with respect to the development and implementation of the policy priorities of the Department, including strategic priorities for the deployment of assets, including personnel, outside the United States;

(3)

develop, in consultation with the Under Secretary for Management, guidance for selecting, assigning, training, and monitoring overseas deployments of Department personnel, including minimum standards for pre-deployment training;

(4)

maintain awareness regarding the international travel of senior officers of the Department and their intent to pursue negotiations with foreign government officials, and review resulting draft agreements; and

(5)

perform such other functions as are established by law or delegated by the Under Secretary for Policy.

.

(b)

Abolishment of Office of International Affairs

(1)

In general

The Office of International Affairs within the Office of the Secretary of Homeland Security is abolished.

(2)

Transfer of assets and personnel

The functions authorized to be performed by such office as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the head of the Office of International Affairs provided for by section 708 of the Homeland Security Act of 2002, as amended by this section.

(3)

Conforming amendment

The Homeland Security Act of 2002 is amended by striking section 879 (6 U.S.C. 459).

(4)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 879.

(c)

Conforming amendments relating to Assistant Secretaries

Subsection (a) of section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended—

(1)

in the subsection heading, by inserting ; Assistant Secretaries and other Officers after Under Secretaries;

(2)

in paragraph (1), by amending subparagraph (I) to read as follows:

(I)

An Administrator of the Transportation Security Administration.

;

(3)

by amending paragraph (2) to read as follows:

(2)

Assistant Secretaries

The following Assistant Secretaries shall be appointed by the President or the Secretary, as the case may be, without the advice and consent of the Senate:

(A)

Presidential appointments

The Department shall have the following Assistant Secretaries appointed by the President:

(i)

The Assistant Secretary, Infrastructure Protection.

(ii)

The Assistant Secretary for Public Affairs.

(iii)

The Assistant Secretary for Legislative Affairs.

(B)

Secretarial appointments

The Department shall have the following Assistant Secretaries appointed by the Secretary:

(i)

The Principal Assistant Secretary for External Affairs.

(ii)

The Assistant Secretary, Office of Cybersecurity and Communications.

(iii)

The Assistant Secretary for International Affairs.

(iv)

The Assistant Secretary for Partnership and Engagement.

(v)

The Assistant Secretary for Threat Prevention and Security Policy.

(vi)

The Assistant Secretary for Border, Immigration, and Trade Policy.

(vii)

The Assistant Secretary for Cyber, Infrastructure, and Resilience Policy.

(viii)

The Assistant Secretary for Strategy, Planning, Analysis, and Risk.

(ix)

The Assistant Secretary for State and Local Law Enforcement.

; and

(4)

by adding at the end the following new paragraphs:

(3)

Assistant Secretary for Legislative Affairs

The Assistant Secretary for Legislative Affairs shall oversee one internal reporting structure for engaging with authorizing and appropriating congressional committees.

(4)

Limitation on creation of positions

No Assistant Secretary position may be created in addition to the positions provided for by this section unless such position is authorized by a statute enacted after the date of the enactment of the Department of Homeland Security Authorization Act for Fiscal Years 2018 and 2019.

.

(d)

Homeland Security Advisory Council

Subsection (b) of section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended—

(1)

in paragraph (2), by striking and at the end;

(2)

in paragraph (3), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(4)

shall establish a Homeland Security Advisory Council to provide advice and recommendations on homeland security-related matters, including advice with respect to the preparation of the Quadrennial Homeland Security Review.

.

(e)

Prohibition on new offices

No new office may be created to perform functions transferred by this section, other than as provided in section 709 of the Homeland Security Act of 2002, as amended by this Act.

(f)

Definitions

In this section each of the terms functions, assets, and personnel has the meaning given each such term under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

(g)

Duplication review

(1)

Review required

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall complete a review of the functions and responsibilities of each Department of Homeland Security component responsible for international affairs to identify and eliminate areas of unnecessary duplication.

(2)

Submission to Congress

Not later than 30 days after the completion of the review required under paragraph (1), the Secretary shall provide the results of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.

(3)

Action plan

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional homeland security committees an action plan, including corrective steps and an estimated date of completion, to address areas of duplication, fragmentation, and overlap and opportunities for cost savings and revenue enhancement, as identified by the Government Accountability Office based on the annual report of the Government Accountability Office entitled Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits.

1109.

Office of External Affairs

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

709.

Office of External Affairs

(a)

In general

There is established in the Department an Office of External Affairs.

(b)

Head of the Office

The Office of External Affairs shall be headed by a Principal Assistant Secretary for External Affairs, who shall be appointed by the Secretary. The Principal Assistant Secretary shall report to the Secretary.

(c)

Composition

The Office of External Affairs shall include the following components:

(1)

The Office of Legislative Affairs, led by the Assistant Secretary for Legislative Affairs who shall report to the Principal Assistant Secretary for External Affairs.

(2)

The Office of Public Affairs, led by the Assistant Secretary for Public Affairs who shall report to the Principal Assistant Secretary for External Affairs.

(3)

The Office of Partnership and Engagement, led by the Assistant Secretary for Partnership and Engagement who shall report to the Principal Assistant Secretary for External Affairs.

(d)

Assistant Secretary for Partnership and Engagement

The Assistant Secretary for Partnership and Engagement shall be appointed by the Secretary and shall—

(1)

lead the efforts of the Department to incorporate external feedback from stakeholders into policy and strategic planning efforts, as appropriate, in consultation with the Office for Civil Rights and Civil Liberties;

(2)

conduct the activities specified in section 2006(b);

(3)

advise the Secretary on the effects of the policies, regulations, processes, and actions of the Department on the private sector and create and foster strategic communications with the private sector to enhance the primary mission of the Department to protect the homeland;

(4)

coordinate the activities of the Department relating to State and local government;

(5)

provide State and local governments with regular information, research, and technical support to assist local efforts at securing the homeland; and

(6)

perform such other functions as are established by law or delegated by the Secretary.

.

(b)

Transfer of functions, assets, and personnel of Office for State and Local Law Enforcement

The functions authorized to be performed by the Office for State and Local Law Enforcement of the Department of Homeland Security as of the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the Office of Partnership and Engagement under section 709 of the Homeland Security Act of 2002, as added by this section.

(c)

Abolishment of Office for State and Local Government Coordination

(1)

In general

The Office for State and Local Government Coordination of the Department of Homeland Security is abolished.

(2)

Transfer of functions and assets

The functions authorized to be performed by such Office for State and Local Government Coordination immediately on the day before the date of the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the Office of Partnership and Engagement under section 709 of the Homeland Security Act of 2002, as added by this section.

(3)

Conforming amendment

The Homeland Security Act of 2002 is amended by striking section 801 (6 U.S.C. 631).

(4)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by striking the item relating to section 801.

(d)

Abolishment of Special Assistant to Secretary of Homeland Security

(1)

In general

The Special Assistant to the Secretary authorized by section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)), as in effect on the day before the date of the enactment of this Act, is abolished.

(2)

Transfer of functions and assets

The functions authorized to be performed by such Special Assistant to the Secretary immediately before the enactment of this Act, and the assets and personnel associated with such functions, are transferred to the Office of Partnership and Engagement under section 709 of the Homeland Security Act of 2002, as added by this section.

(3)

Conforming amendment

Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) is amended by striking subsection (f).

(e)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 708 (as redesignated pursuant to section 1705(o) of this Act) the following new item:

Sec. 709. Office of External Affairs.

.

1110.

Chief Procurement Officer

(a)

In general

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

710.

Chief Procurement Officer

(a)

In general

There is in the Department a Chief Procurement Officer, who shall serve as a senior business advisor to agency officials on procurement-related matters and report directly to the Under Secretary for Management. The Chief Procurement Officer is the senior procurement executive for purposes of subsection (c) of section 1702 of title 41, United States Code, and shall perform procurement functions as specified in such subsection.

(b)

Responsibilities

The Chief Procurement Officer shall—

(1)

delegate or retain contracting authority, as appropriate;

(2)

issue procurement policies and oversee the heads of contracting activity of the Department to ensure compliance with those policies;

(3)

serve as the main liaison of the Department to industry on procurement-related issues;

(4)

account for the integrity, performance, and oversight of Department procurement and contracting functions;

(5)

ensure that procurement contracting strategies and plans are consistent with the intent and direction of the Acquisition Review Board;

(6)

oversee a centralized acquisition workforce certification and training program using, as appropriate, existing best practices and acquisition training opportunities from the Federal Government, private sector, or universities and colleges to include training on how best to identify actions that warrant referrals for suspension or debarment;

(7)

provide input on the periodic performance reviews of each head of contracting activity of the Department;

(8)

collect baseline data and use such data to establish performance measures on the impact of strategic sourcing initiatives on the private sector, including small businesses;

(9)

establish and implement policies and procedures to effectively monitor and manage vulnerabilities in the supply chain for all Department purchases;

(10)

ensure that a fair proportion of the value of Federal contracts and subcontracts are awarded to small businesses (in accordance with the procurement contract goals under section 15(g) of the Small Business Act (15 U.S.C. 644(g)), maximize opportunities for small business participation in such contracts, and ensure, to the extent practicable, small businesses that achieve qualified vendor status for security-related technologies are provided an opportunity to compete for contracts for such technology;

(11)

conduct oversight of implementation of administrative agreements to resolve suspension or debarment proceedings; and

(12)

carry out any other procurement duties that the Under Secretary for Management may designate.

(c)

Head of contracting activity defined

In this section the term head of contracting activity means an official responsible for the creation, management, and oversight of a team of procurement professionals properly trained, certified, and warranted to accomplish the acquisition of products and services on behalf of the designated components, offices, and organizations of the Department, and as authorized, other government entities.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by this Act, is further amended by inserting after the item relating to section 709 the following new item:

Sec. 710. Chief Procurement Officer.

.

1111.

Chief Security Officer

(a)

In general

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

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.

.

1112.

Office of Inspector General

(a)

Sense of Congress

(1)

Findings

Congress finds the following:

(A)

The Inspector General Act of 1978 mandates that Inspectors General are to conduct audits and investigations relating to the programs and operations of Federal departments to promote economy, efficiency, and effectiveness in the administration of programs and operations, and to prevent and detect fraud and abuse in such programs and operations.

(B)

The Inspector General Act of 1978 mandates that Inspectors General are to provide a means for keeping Federal departments and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action.

(C)

The Office of the Inspector General of the Department of Homeland Security detects, investigates, and prevents instances of waste, fraud, abuse, and mismanagement within the Department, and offers solutions for response.

(D)

The Office of the Inspector General of the Department of Homeland Security consistently produces high-value, high-impact work that enhances the security and safety of the homeland.

(E)

The Inspector General of the Department of Homeland Security provides the leadership and accountability within the Office of the Inspector General to oversee a cabinet-level agency.

(F)

The Inspector General of the Department of Homeland Security stands as a leader within the Inspector General community through consistent exemplary service.

(G)

The Office of Inspector General of the Department of Homeland Security offers the Federal Government and American taxpayers an impressive return on investment, measured in dollars spent versus dollars saved.

(H)

The Office of the Inspector General of the Department of Homeland Security enhances the Department’s ability to effectively and efficiently administer laws.

(2)

Sense of Congress

It is the sense of Congress that the Inspector General of the Department of Homeland Security plays a vital role in fulfilling the Department’s daily missions.

(b)

Notification

The heads of offices and components of the Department of Homeland Security shall promptly advise the Inspector General of the Department of all allegations of misconduct with respect to which the Inspector General has investigative authority under the Inspector General Act of 1978. The Inspector General may waive the notification requirement under this subsection with respect to any category or subset of allegations of misconduct.

(c)

Rule of construction

Nothing in this section may be construed as affecting the authority of the Secretary of Homeland Security under subsection (a) of section 8I of the Inspector General Act of 1978 (5 U.S.C. App. 8I).

1113.

Office for Civil Rights and Civil Liberties

(a)

In general

Section 705 of the Homeland Security Act of 2002 (6 U.S.C. 345) is amended—

(1)

in the section heading, by striking Establishment of officer for;

(2)

by redesignating subsection (b) as subsection (c); and

(3)

by inserting after subsection (a) the following new subsection:

(b)

Office for Civil Rights and Civil Liberties

There is in the Department an Office for Civil Rights and Civil Liberties. Under the direction of the Officer for Civil Rights and Civil Liberties, the Office shall support the Officer in the following:

(1)

Integrating civil rights and civil liberties into activities of the Department by conducting programs and providing policy advice and other technical assistance.

(2)

Investigating complaints and information indicating possible abuses of civil rights or civil liberties, unless the Inspector General of the Department determines that any such complaint or information should be investigated by the Inspector General.

(3)

Carrying out the Department’s equal employment opportunity and diversity policies and programs, including complaint management and adjudication.

(4)

Communicating with individuals and communities whose civil rights and civil liberties may be affected by Department activities.

(5)

Any other activities as assigned by the Officer.

.

(b)

Authorization of appropriations

There is authorized to be appropriated $22,571,000 for each of fiscal years 2018 and 2019 to carry out section 705 of the Homeland Security Act of 2002, as amended by subsection (a) of this section.

1114.

Department of Homeland Security Rotation Program

(a)

Enhancements to the rotation program

Section 844 of the Homeland Security Act of 2002 (6) U.S.C. 414) is amended—

(1)

by striking (a) Establishment.—;

(2)

by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively, and adjusting the margins accordingly;

(3)

in subsection (a), as so redesignated—

(A)

by striking Not later than 180 days after the date of enactment of this section, the and inserting The; and

(B)

by striking for employees of the Department and inserting for certain personnel within the Department;

(4)

in subsection (b), as so redesignated—

(A)

by redesignating subparagraphs (A) through (G) as paragraphs (3) through (9), respectively, and adjusting the margins accordingly;

(B)

by inserting before paragraph (3), as so redesignated, the following new paragraphs:

(1)

seek to foster greater departmental integration and unity of effort;

(2)

seek to help enhance the knowledge, skills, and abilities of participating personnel with respect to the programs, policies, and activities of the Department;

;

(C)

in paragraph (4), as so redesignated, by striking middle and senior level; and

(D)

in paragraph (7), as so redesignated, by inserting before invigorate the following: seek to improve morale and retention throughout the Department and;

(5)

in subsection (c), as redesignated by paragraph (2)—

(A)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and

(B)

in paragraph (2), as so redesignated—

(i)

by striking clause (iii); and

(ii)

by redesignating clauses (i), (ii), and (iv) through (viii) as subparagraphs (A) through (G), respectively, and adjusting the margins accordingly;

(6)

by redesignating subsections (d) and (e), as redesignated by paragraph (2), as subsections (e) and (f), respectively;

(7)

by inserting after subsection (c) the following new subsection:

(d)

Administrative matters

In carrying out the Rotation Program the Secretary shall—

(1)

before selecting employees for participation in the Rotation Program, disseminate information broadly within the Department about the availability of the Rotation Program, qualifications for participation in the Rotation Program, including full-time employment within the employing component or office not less than one year, and the general provisions of the Rotation Program;

(2)

require as a condition of participation in the Rotation Program that an employee—

(A)

is nominated by the head of the component or office employing the employee; and

(B)

is selected by the Secretary, or the Secretary’s designee, solely on the basis of relative ability, knowledge, and skills, after fair and open competition that assures that all candidates receive equal opportunity;

(3)

ensure that each employee participating in the Rotation Program shall be entitled to return, within a reasonable period of time after the end of the period of participation, to the position held by the employee, or a corresponding or higher position, in the component or office that employed the employee prior to the participation of the employee in the Rotation Program;

(4)

require that the rights that would be available to the employee if the employee were detailed from the employing component or office to another Federal agency or office remain available to the employee during the employee participation in the Rotation Program; and

(5)

require that, during the period of participation by an employee in the Rotation Program, performance evaluations for the employee—

(A)

shall be conducted by officials in the office or component employing the employee with input from the supervisors of the employee at the component or office in which the employee is placed during that period; and

(B)

shall be provided the same weight with respect to promotions and other rewards as performance evaluations for service in the office or component employing the employee.

; and

(8)

by adding at the end the following new subsection:

(g)

Intelligence rotational assignment program

(1)

Establishment

The Secretary shall establish an Intelligence Rotational Assignment Program as part of the Rotation Program under subsection (a).

(2)

Administration

The Chief Human Capital Officer, in conjunction with the Chief Intelligence Officer, shall administer the Intelligence Rotational Assignment Program established pursuant to paragraph (1).

(3)

Eligiblity

The Intelligence Rotational Assignment Program established pursuant to paragraph (1) shall be open to employees serving in existing analyst positions within the Department’s Intelligence Enterprise and other Department employees as determined appropriate by the Chief Human Capital Officer and the Chief Intelligence Officer.

(4)

Coordination

The responsibilities specified in subsection (c)(2) that apply to the Rotation Program under such subsection shall, as applicable, also apply to the Intelligence Rotational Assignment Program under this subsection.

.

(b)

Congressional notification and oversight

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information about the status of the Homeland Security Rotation Program authorized by section 844 of the Homeland Security Act of 2002, as amended by subsection (a) of this section.

1115.

Future Years Homeland Security Program

(a)

In general

Section 874 of the Homeland Security Act of 2002 (6 U.S.C. 454) is amended—

(1)

in the section heading, by striking year and inserting years;

(2)

by striking subsection (a) and inserting the following:

(a)

In general

Not later than 60 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives (referred to in this section as the appropriate committees) a Future Years Homeland Security Program that covers the fiscal year for which the budget is submitted and the 4 succeeding fiscal years.

; and

(3)

by striking subsection (c) and inserting the following new subsections:

(c)

Projection of acquisition estimates

On and after February 1, 2018, each Future Years Homeland Security Program shall project—

(1)

acquisition estimates for the fiscal year for which the budget is submitted and the four succeeding fiscal years, with specified estimates for each fiscal year, for all major acquisitions by the Department and each component of the Department; and

(2)

estimated annual deployment schedules for all physical asset major acquisitions over the five-fiscal-year period described in paragraph (1) and the full operating capability for all information technology major acquisitions.

(d)

Sensitive and classified information

The Secretary may include with each Future Years Homeland Security Program a classified or other appropriately controlled document containing any information required to be submitted under this section that is restricted from public disclosure in accordance with Federal law or any Executive order.

(e)

Availability of information to the public

The Secretary shall make available to the public in electronic form the information required to be submitted to the appropriate committees under this section, other than information described in subsection (d).

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by striking the item relating to section 874 and inserting the following new item:

874. Future Years Homeland Security Program.

.

1116.

Field efficiencies plan

(1)

In general

Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate a field efficiencies plan that—

(A)

examines the facilities and administrative and logistics functions of components of the Department of Homeland Security located within designated geographic areas; and

(B)

provides specific recommendations and an associated cost-benefit analysis for the consolidation of the facilities and administrative and logistics functions of components of the Department within each designated geographic area.

(2)

Contents

The field efficiencies plan submitted under paragraph (1) shall include the following:

(A)

An accounting of leases held by the Department or its components that have expired in the current fiscal year or will be expiring in the next fiscal year, that have begun or been renewed in the current fiscal year, or that the Department or its components plan to sign or renew in the next fiscal year.

(B)

For each designated geographic area—

(i)

An evaluation of specific facilities at which components, or operational entities of components, of the Department may be closed or consolidated, including consideration of when leases expire or facilities owned by the government become available.

(ii)

An evaluation of potential consolidation with facilities of other Federal, State, or local entities, including—

(I)

offices;

(II)

warehouses;

(III)

training centers;

(IV)

housing;

(V)

ports, shore facilities, and airfields;

(VI)

laboratories; and

(VII)

other assets as determined by the Secretary.

(iii)

An evaluation of the potential for the consolidation of administrative and logistics functions, including—

(I)

facility maintenance;

(II)

fleet vehicle services;

(III)

mail handling and shipping and receiving;

(IV)

facility security;

(V)

procurement of goods and services;

(VI)

information technology and telecommunications services and support; and

(VII)

additional ways to improve unity of effort and cost savings for field operations and related support activities as determined by the Secretary.

(C)

An implementation plan, including—

(i)

near-term actions that can co-locate, consolidate, or dispose of property within 24 months;

(ii)

identifying long-term occupancy agreements or leases that cannot be changed without a significant cost to the Government; and

(iii)

how the Department can ensure it has the capacity, in both personnel and funds, needed to cover up-front costs to achieve consolidation and efficiencies.

(D)

An accounting of any consolidation of the real estate footprint of the Department or any component of the Department, including the co-location of personnel from different components, offices, and agencies within the Department.

1117.

Submission to Congress of information regarding reprogramming or transfer of Department of Homeland Security resources to respond to operational surges

(a)

In general

Title VII of the Homeland Security Act of 2002 is further amended by adding at the end the following new section:

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.

.

1118.

Report to Congress on cost savings and efficiency

(a)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary of Homeland Security for Management, shall submit to the congressional homeland security committees a report that includes each of the following:

(1)

A detailed accounting of the management and administrative expenditures and activities of each component of the Department of Homeland Security and identifies potential cost savings, avoidances, and efficiencies for those expenditures and activities.

(2)

An examination of major physical assets of the Department, as defined by the Secretary;

(3)

A review of the size, experience level, and geographic distribution of the operational personnel of the Department.

(4)

Recommendations for adjustments in the management and administration of the Department that would reduce deficiencies in the capabilities of the Department, reduce costs, and enhance efficiencies.

(b)

Form of report

The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.

1119.

Research and development and CBRNE organizational review

(a)

Department of Homeland Security research and development activities

(1)

In general

The Secretary of Homeland Security shall assess the organization and management of the Department of Homeland Security’s research and development activities, and shall develop and submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than six months after the date of the enactment of this Act, a proposed organizational structure for the efficient and effective management of such research and development activities.

(2)

Organizational justification

The proposed organizational structure for the management of the Department of Homeland Security’s research and development activities included in the assessment required under paragraph (1) shall include the following:

(A)

A discussion of the methodology for determining such proposed organizational structure.

(B)

A comprehensive inventory of research and development activities of the Department, and the proposed location of each activity under such proposed organizational structure, including a description of the effects on specific directorates and offices based on any proposed relocation of their activities.

(C)

Information relating to how such proposed organizational structure will facilitate and promote enhanced coordination and better collaboration between the research and development activities of the Department and the offices and components of the Department, including a specific description of operational challenges resulting from the current organizational structure and a detailed explanation of how the proposed organizational structure will address such challenges.

(D)

Information relating to how such proposed organizational structure will support the development of research and development priorities and capabilities across the Department.

(E)

A discussion of any resulting cost savings and efficiencies from such proposed organizational structure.

(F)

Recommendations for any necessary statutory changes, an explanation of why no statutory or organizational changes are necessary, or a request for additional time to complete the organizational justification.

(b)

Department of Homeland Security chemical, biological, radiological, nuclear, and explosives activities

(1)

In general

The Secretary of Homeland Security shall—

(A)

assess the organization and management of the Department of Homeland Security’s chemical, biological, radiological, nuclear, and explosives activities, including the activities of the Office of Health Affairs, the Domestic Nuclear Detection Office, and the Office for Bombing Prevention; and

(B)

by not later than six months after the date of the enactment of this Act, develop and submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a proposed organizational structure to ensure enhanced coordination, effectiveness, and efficiency by providing strengthened chemical, biological, radiological, nuclear, and explosives capabilities in support of homeland security.

(2)

Organizational justification

The proposed organizational structure for the management of the Department of Homeland Security’s chemical, biological, radiological, nuclear, and explosives activities included in the assessment required under paragraph (1) shall include the following:

(A)

A discussion of the methodology for determining such proposed organizational structure.

(B)

A comprehensive inventory of chemical, biological, radiological, nuclear, and explosives activities of the Department, and the proposed location of each activity under such proposed organizational structure.

(C)

Information relating to how such proposed organizational structure will enhance the development of chemical, biological, radiological, nuclear, and explosives priorities and capabilities across the Department, including a specific description of operational challenges resulting from the current organizational structure and a detailed explanation of how the proposed organizational structure will address such challenges.

(D)

A discussion of any resulting cost savings and efficiencies from such proposed organizational structure.

(E)

Recommendations for any necessary statutory changes, an explanation of why no statutory or organizational changes are necessary, or a request for additional time to complete the organizational justification.

(c)

Review required

Not later than three months after the submission of the proposed organizational justifications required under subsections (a)(1) and (b)(1), the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the organizational justifications. The review shall consider how the proposed organizational realignment, or lack thereof, of research and development activities and chemical, biological, radiological, nuclear, and explosives activities will improve or impede the Department’s ongoing efforts is such mission areas, including an assessment of—

(1)

any potential cost savings or additional costs incurred as a result of any proposed organizational realignment;

(2)

an assessment of the comparison of benefits and costs of the proposed organizational structure;

(3)

the extent to which the organizational justification submitted pursuant to subsections (a)(1) and (b)(1) fully assesses, documents, and addresses any potential problems that could result from any proposed organizational realignment;

(4)

the extent to which the organizational justification identifies specific deficiencies in operations resulting from the existing organizational structure of the Department and an explanation of how any proposed realignment will address such deficiencies;

(5)

the extent to which the Department solicited and incorporated the feedback of its workforce in the proposed organizational structure; and

(6)

the extent to which the Department conducted and incorporated stakeholder outreach in developing the proposed organizational structure.

1120.

Activities related to children

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

B

Human Resources and Other Matters

1131.

Chief Human Capital Officer responsibilities

Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by inserting , including with respect to leader development and employee engagement, after policies;

(ii)

by striking and in line and inserting , in line; and

(iii)

by inserting and informed by best practices within the Federal government and the private sector, after priorities,;

(B)

in paragraph (2), by striking develop performance measures to provide a basis for 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;

.

1132.

Employee engagement steering committee and action plan

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

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).

1133.

Annual employee award program

(a)

In general

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

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.

.

1134.

Independent investigation and implementation plan

(a)

In general

Not later than 120 days after the date of the enactment of this Act or the issuance of a report by the Inspector General of the Department of Homeland Security on the extent to which the Department has an equitable and consistent disciplinary process, whichever is later, but in no case later than one year after such date of enactment, the Comptroller General of the United States shall utilize, if available, such report and investigate whether the application of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department for misconduct by a non-supervisory or supervisor employee who engaged in the same or substantially similar misconduct.

(b)

Consultation

In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the employee engagement steering committee established pursuant to subsection (b)(1) of section 714 of the Homeland Security Act of 2002 (as added by this Act).

(c)

Action by Under Secretary for Management

Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 714 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 714.

1135.

Timely guidance to DHS personnel regarding Executive orders

(a)

In general

Title VII of the Homeland Security Act of 2002 is further amended by adding at the end the following new section:

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.

.

1136.

Secretary’s responsibilities regarding election infrastructure

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

II

Department of Homeland Security Acquisition Accountability and Efficiency

1201.

Definitions

(a)

In general

Subtitle D of title VIII of the Homeland Security Act of 2002 is amended by inserting before section 831 the following new section:

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.

.

A

Acquisition Authorities

1211.

Acquisition authorities for Under Secretary for Management of the Department of Homeland Security

Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended—

(1)

in subsection (a)(2), by inserting and acquisition management after procurement;

(2)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(3)

by inserting after subsection (c) the following new subsection:

(d)

Acquisition and related responsibilities

(1)

In general

Notwithstanding subsection (a) of section 1702 of title 41, United States Code, the Under Secretary for Management is the Chief Acquisition Officer of the Department. As Chief Acquisition Officer, the Under Secretary shall have the authorities and perform the functions specified in subsection (b) of such section and shall perform all other functions and responsibilities delegated by the Secretary or described in this subsection.

(2)

Functions and responsibilities

In addition to the authorities and functions specified in section 1702(b) of title 41, United States Code, the functions and responsibilities of the Under Secretary for Management related to acquisition include the following:

(A)

Advising the Secretary regarding acquisition management activities, taking into account risks of failure to achieve cost, schedule, or performance parameters, to ensure that the Department achieves its mission through the adoption of widely accepted program management best practices and standards and, where appropriate, acquisition innovation best practices.

(B)

Leading the acquisition oversight body of the Department, the Acquisition Review Board, and exercising the acquisition 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.

.

1212.

Acquisition authorities for Chief Financial Officer of the Department of Homeland Security

Paragraph (2) of section 702(b) of the Homeland Security Act of 2002 (6 U.S.C. 342(b)) is amended by adding at the end the following new subparagraph:

(J)

Oversee the costs of acquisition programs and related activities to ensure that actual and planned costs are in accordance with budget estimates and are affordable, or can be adequately funded, over the life cycle of such programs and activities.

.

1213.

Acquisition authorities for Chief Information Officer of the Department of Homeland Security

Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343), as amended by this Act, is further amended by adding at the end the following new subsection:

(e)

Acquisition responsibilities

The acquisition responsibilities of the Chief Information Officer shall include the following:

(1)

Oversee the management of the Homeland Security Enterprise Architecture and ensure that, before each acquisition decision event (as such term is defined in section 830), approved information technology acquisitions comply with departmental information technology management processes, technical requirements, and the Homeland Security Enterprise Architecture, and in any case in which information technology acquisitions do not comply with the Department’s management directives, make recommendations to the Acquisition Review Board regarding such noncompliance.

(2)

Be responsible for providing recommendations to the Acquisition Review Board regarding information technology programs, and be responsible for developing information technology acquisition strategic guidance.

.

1214.

Acquisition authorities for Program Accountability and Risk Management

(a)

In general

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

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.

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.

.

1215.

Acquisition innovation

(a)

In general

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

719.

Acquisition innovation

The Under Secretary for Management may—

(1)

designate an individual within the Department to manage acquisition innovation efforts of the Department;

(2)

test emerging acquisition best practices to carrying out acquisitions, consistent with the Federal Acquisition Regulation and Department acquisition management directives, as appropriate;

(3)

develop and distribute best practices and lessons learned regarding acquisition innovation throughout the Department;

(4)

establish metrics to measure the effectiveness of acquisition innovation efforts with respect to cost, operational efficiency of the acquisition program (including timeframes for executing contracts), and collaboration with the private sector, including small businesses; and

(5)

determine impacts of acquisition innovation efforts on the private sector by—

(A)

engaging with the private sector, including small businesses, to provide information and obtain feedback on procurement practices and acquisition innovation efforts of the Department;

(B)

obtaining feedback from the private sector on the impact of acquisition innovation efforts of the Department; and

(C)

incorporating such feedback, as appropriate, into future acquisition innovation efforts of the Department.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 718, as added by this Act, the following new item:

Sec. 719. Acquisition innovation.

.

(c)

Information

Not later than 90 days after the date on which the Secretary of Homeland Security submits the annual budget justification for the Department of Homeland Security for each of fiscal years 2019 through 2023, the Secretary shall, if appropriate, provide information to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the activities undertaken in the previous fiscal year in furtherance of section 719 of the Homeland Security Act of 2002, as added by subsection (a), on the following:

(1)

Emerging acquisition best practices that were tested within the Department during such fiscal year.

(2)

Efforts to distribute best practices and lessons learned within the Department, including through web-based seminars, training, and forums, during such fiscal year.

(3)

Utilization by components throughout the Department of best practices distributed by the Under Secretary of Management pursuant to paragraph (3) of such section 719.

(4)

Performance as measured by the metrics established under paragraph (4) of such section 719.

(5)

Outcomes of efforts to distribute best practices and lessons learned within the Department, including through web-based seminars, training, and forums.

(6)

Any impacts of the utilization of innovative acquisition mechanisms by the Department on the private sector, including small businesses.

(7)

The criteria used to identify specific acquisition programs or activities to be included in acquisition innovation efforts and the outcomes of such programs or activities.

(8)

Recommendations, as necessary, to enhance acquisition innovation in the Department.

B

Acquisition Program Management Discipline

1221.

Acquisition Review Board

(a)

In general

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

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.

.

1222.

Requirements to reduce duplication in acquisition programs

(a)

In general

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

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.

.

1223.

Department leadership council

(a)

In general

Subtitle H of title VIII of the Homeland Security Act of 2002 is amended by adding at the end the following new section:

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.

.

1224.

Government Accountability Office review of Board and of requirements to reduce duplication in acquisition programs

(a)

Review required

The Comptroller General of the United States shall conduct a review of the effectiveness of the Acquisition Review Board established under section 836 of the Homeland Security Act of 2002 (as added by this Act) and the requirements to reduce unnecessary duplication in acquisition programs established under section 837 of such Act (as added by this Act) in improving the Department’s acquisition management process.

(b)

Scope of report

The review shall include the following:

(1)

An assessment of the effectiveness of the Board in increasing program management oversight, best practices and standards, and discipline among the components of the Department, including in working together and in preventing overlap and unnecessary duplication.

(2)

An assessment of the effectiveness of the Board in instilling program management discipline.

(3)

A statement of how regularly each major acquisition program is reviewed by the Board, how often the Board stops major acquisition programs from moving forward in the phases of the acquisition life cycle process, and the number of major acquisition programs that have been halted because of problems with operational effectiveness, schedule delays, or cost overruns.

(4)

An assessment of the effectiveness of the Board in impacting acquisition decisionmaking within the Department, including the degree to which the Board impacts decision making within other headquarters mechanisms and bodies involved in the administration of acquisition activities.

(c)

Report required

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional homeland security committees a report on the review required by this section. The report shall be submitted in unclassified form but may include a classified annex.

1225.

Excluded party list system waivers

Not later than five days after the issuance of a waiver by the Secretary of Homeland Security of Federal requirements that an agency not engage in business with a contractor in the Excluded Party List System (or successor system) as maintained by the General Services Administration, the Secretary shall submit to Congress notice of such waiver and an explanation for a finding by the Secretary that a compelling reason exists for issuing such waiver.

1226.

Inspector General oversight of suspension and debarment

The Inspector General of the Department of Homeland Security shall—

(1)

conduct audits as determined necessary by the Inspector General regarding grant and procurement awards to identify instances in which a contract or grant was improperly awarded to a suspended or debarred entity and whether corrective actions were taken to prevent recurrence; and

(2)

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

C

Acquisition Program Management Accountability and Transparency

1231.

Congressional notification for major acquisition programs

(a)

In general

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

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.

.

1232.

Multiyear Acquisition Strategy

(a)

In general

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

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 this Act.

(3)

Report

Not later than 180 days after the completion of the review required by subsection (a), the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a report on the review. Such report shall be submitted in unclassified form but may include a classified annex.

1233.

Acquisition reports

(a)

In general

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

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.

.

III

Intelligence and Information Sharing

A

Department of Homeland Security Intelligence Enterprise

1301.

Homeland intelligence doctrine

(a)

In general

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

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.

.

1302.

Analysts for the Chief Intelligence Officer

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

1303.

Annual homeland terrorist threat assessments

(a)

In general

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

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.

.

1304.

Department of Homeland Security data framework

(a)

In general

The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections. In developing such framework, the Secretary shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included:

(1)

All information acquired, held, or obtained by an office or component of the Department that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence.

(2)

Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary.

(b)

Data framework access

(1)

In general

The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines—

(A)

have an appropriate security clearance;

(B)

are assigned to perform a function that requires access to information in such framework; and

(C)

are trained in applicable standards for safeguarding and using such information.

(2)

Guidance

The Secretary of Homeland Security shall—

(A)

issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and

(B)

ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs.

(3)

Efficiency

The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework under this section in a machine-readable standard format, to the greatest extent practicable.

(c)

Exclusion of information

The Secretary of Homeland Security may exclude from the data framework information that the Secretary determines access to or the confirmation of the existence of could—

(1)

jeopardize the protection of sources, methods, or activities;

(2)

compromise a criminal or national security investigation;

(3)

be inconsistent with the other Federal laws or regulations; or

(4)

be duplicative or not serve an operational purpose if included in such framework.

(d)

Safeguards

The Secretary of Homeland Security shall incorporate into the date framework systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following:

(1)

Mechanisms for identifying insider threats.

(2)

Mechanisms for identifying security risks.

(3)

Safeguards for privacy, civil rights, and civil liberties.

(e)

Deadline for implementation

Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet its critical mission operations.

(f)

Notice to Congress

(1)

Operational notification

Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees of such.

(2)

Regular status

The Secretary shall submit to the appropriate congressional committees regular updates on the status of the data framework required under this section, including, when applicable, the use of such data framework to support classified operations.

(g)

Definitions

In this section:

(1)

National intelligence

The term national intelligence has the meaning given such term in section 3(5) of the National Security Act of 1947 (50 U.S.C. 3003(5)).

(2)

Appropriate congressional committee

The term appropriate congressional committee has the meaning given such term in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(11)).

1305.

Establishment of Insider Threat Program

(a)

In general

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

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.

.

1306.

Threat assessment on terrorist use of virtual currency

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, as authorized by section 201(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 121), shall, in coordination with appropriate Federal partners, develop and disseminate a threat assessment regarding the actual and potential threat posed by individuals using virtual currency to carry out activities in furtherance of an act of terrorism, including the provision of material support or resources to a foreign terrorist organization. Consistent with the protection of classified and confidential unclassified information, the Under Secretary shall share the threat assessment developed under this section with State, local, and tribal law enforcement officials, including officials that operate within State, local, and regional fusion centers through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative established in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).

(b)

Definitions

In this section:

(1)

Foreign terrorist organization

The term foreign terrorist organization means an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

(2)

Virtual currency

The term virtual currency means a digital representation of value that functions as a medium of exchange, a unit of account, or a store of value.

1307.

Department of Homeland Security counterterrorism advisory board

(a)

In general

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

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.

1308.

Border and gang threat assessment

(a)

In general

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

(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.

1309.

Security clearance management and administration

(a)

In general

Title VII of the Homeland Security Act of 2002 is amended—

(1)

by inserting before section 701 (6 U.S.C. 341) the following:

A

Headquarters Activities

;

and
(2)

by adding at the end the following new subtitle:

B

Security Clearances

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.

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.

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.

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.

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.

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.

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.

.

B

Stakeholder Information Sharing

1311.

Department of Homeland Security Fusion Center Partnership Initiative

(a)

In general

Section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) is amended—

(1)

by amending the section heading to read as follows:

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, including, in coordination with the national cybersecurity and communications integration center under section 227, access to timely technical assistance, risk management support, and incident response capabilities with respect to cyber threat indicators, defensive measures, cybersecurity risks, and incidents (as such terms are defined in such section), which may include attribution, mitigation, and remediation, and the provision of information and recommendations on security and resilience, including implications of cybersecurity risks to equipment and technology related to the electoral process;

(11)

coordinate the provision of training and technical assistance to the National Network of Fusion Centers and encourage participating fusion centers to take part in terrorism threat-related exercises conducted by the Department;

(12)

review information relating to cybersecurity risks that is gathered by State, local, and regional fusion centers, and incorporate such information, as appropriate, into the Department’s own information relating to cybersecurity risks;

(13)

ensure the dissemination to State, local, and regional fusion centers of the information described in paragraph (12);

(14)

ensure, to the greatest extent practicable, that support for the National Network of Fusion Centers is included as a national priority in applicable homeland security grant guidance;

(15)

ensure that each fusion center in the National Network of Fusion Centers has a privacy policy approved by the Chief Privacy Officer of the Department and a civil rights and civil liberties policy approved by the Officer for Civil Rights and Civil Liberties of the Department;

(16)

coordinate the nationwide suspicious activity report initiative to ensure information gathered by the National Network of Fusion Centers is incorporated as appropriate;

(17)

promote and facilitate, to the greatest extent practicable, nationwide suspicious activity report training of fire, emergency medical services, emergency management, and public heath personnel;

(18)

lead Department efforts to ensure fusion centers in the National Network of Fusion Centers are the primary focal points for the sharing of homeland security information, terrorism information, and weapons of mass destruction information with State, local, tribal, and territorial entities to the greatest extent practicable;

(19)

develop and disseminate best practices on the appropriate levels for staffing at fusion centers in the National Network of Fusion Centers of qualified representatives from State, local, tribal, and territorial law enforcement, fire, emergency medical, and emergency management services, and public health disciplines, as well as the private sector; and

(20)

carry out such other duties as the Secretary determines appropriate.

;

(4)

in subsection (c)—

(A)

by striking so much as precedes paragraph (3)(B) and inserting the following:

(c)

Resource allocation

(1)

Information sharing and personnel assignment

(A)

Information sharing

The Under Secretary for Intelligence and Analysis shall ensure that, as appropriate—

(i)

fusion centers in the National Network of Fusion Centers have access to homeland security information sharing systems; and

(ii)

Department personnel are deployed to support fusion centers in the National Network of Fusion Centers in a manner consistent with the Department’s mission and existing statutory limits.

(B)

Personnel assignment

Department personnel referred to in subparagraph (A)(ii) may include the following:

(i)

Intelligence officers.

(ii)

Intelligence analysts.

(iii)

Other liaisons from components and offices of the Department, as appropriate.

(C)

Memoranda of understanding

The Under Secretary for Intelligence and Analysis shall negotiate memoranda of understanding between the Department and a State or local government, in coordination with the appropriate representatives from fusion centers in the National Network of Fusion Centers, regarding the exchange of information between the Department and such fusion centers. Such memoranda shall include the following:

(i)

The categories of information to be provided by each entity to the other entity that are parties to any such memoranda.

(ii)

The contemplated uses of the exchanged information that is the subject of any such memoranda.

(iii)

The procedures for developing joint products.

(iv)

The information sharing dispute resolution processes.

(v)

Any protections necessary to ensure the exchange of information accords with applicable law and policies.

(2)

Sources of support

(A)

In general

Information shared and personnel assigned pursuant to paragraph (1) may be shared or provided, as the case may be, by the following Department components and offices, in coordination with the respective component or office head and in consultation with the principal officials of fusion centers in the National Network of Fusion Centers:

(i)

The Office of Intelligence and Analysis.

(ii)

The Office of Infrastructure Protection.

(iii)

The Transportation Security Administration.

(iv)

U.S. Customs and Border Protection.

(v)

U.S. Immigration and Customs Enforcement.

(vi)

The Coast Guard.

(vii)

The national cybersecurity and communications integration center under section 227.

(viii)

Other components or offices of the Department, as determined by the Secretary.

(B)

Coordination with other federal agencies

The Under Secretary for Intelligence and Analysis shall coordinate with appropriate officials throughout the Federal Government to ensure the deployment to fusion centers in the National Network of Fusion Centers of representatives with relevant expertise of other Federal departments and agencies.

(3)

Resource allocation criteria

(A)

In general

The Secretary shall make available criteria for sharing information and deploying personnel to support a fusion center in the National Network of Fusion Centers in a manner consistent with the Department’s mission and existing statutory limits.

; and

(B)

in paragraph (4)(B), in the matter preceding clause (i), by inserting in which such fusion center is located after region;

(5)

in subsection (d)—

(A)

in paragraph (3), by striking and at the end;

(B)

by redesignating paragraph (4) as paragraph (5);

(C)

by inserting after paragraph (3) the following new paragraph:

(4)

assist, in coordination with the national cybersecurity and communications integration center under section 227, fusion centers in using information relating to cybersecurity risks to develop a comprehensive and accurate threat picture;

.

(D)

in paragraph (5), as so redesignated—

(i)

by striking government and inserting governments; and

(ii)

by striking the period at the end and inserting ; and; and

(E)

by adding at the end the following new paragraph:

(6)

utilize Department information, including information held by components and offices, to develop analysis focused on the mission of the Department under section 101(b).

;

(6)

in subsection (e)—

(A)

by amending paragraph (1) to read as follows:

(1)

In general

To the greatest extent practicable, the Secretary shall make it a priority to allocate resources, including deployed personnel, under this section from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to support fusion centers in the National Network of Fusion Centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, tribal, and territorial law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.

; and

(B)

in paragraph (2), in the matter preceding subparagraph (A), by striking participating State, local, and regional fusion centers and inserting fusion centers in the National Network of Fusion Centers;

(7)

in subsection (j)—

(A)

by redesignating paragraph (5) as paragraph (7);

(B)

by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

(C)

by inserting before paragraph (2) the following new paragraph:

(1)

the term cybersecurity risk has the meaning given such term in section 227;

.

(D)

in paragraph (5), as so redesignated, by striking and at the end; and

(E)

by inserting after such paragraph (5) the following new paragraph:

(6)

the term National Network of Fusion Centers means a decentralized arrangement of fusion centers intended to enhance individual State and urban area fusion centers’ ability to leverage the capabilities and expertise of all fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally; and

; and

(8)

by striking subsection (k).

(b)

Accountability report

Not later than one year after the date of the enactment of this Act and annually thereafter through 2024, the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall report to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate on the efforts of the Office of Intelligence and Analysis of the Department and other relevant components and offices of the Department to enhance 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.

1312.

Fusion center personnel needs assessment

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of Department of Homeland Security personnel assigned to fusion centers pursuant to subsection (c) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by this Act, including an assessment of whether deploying additional Department personnel to such fusion centers would enhance the Department’s mission under section 101(b) of such Act and the National Network of Fusion Centers. The assessment required under this subsection shall include the following:

(1)

Information on the current deployment of the Department’s personnel to each fusion center.

(2)

Information on the roles and responsibilities of the Department’s Office of Intelligence and Analysis intelligence officers, intelligence analysts, senior reports officers, reports officers, and regional directors deployed to fusion centers.

(3)

Information on Federal resources, in addition to personnel, provided to each fusion center.

(4)

An analysis of the optimal number of personnel the Office of Intelligence and Analysis should deploy to fusion centers, including a cost-benefit analysis comparing deployed personnel with technological solutions to support information sharing.

(5)

An assessment of fusion centers located in jurisdictions along land and maritime borders of the United States, and the degree to which deploying personnel, as appropriate, from U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Coast Guard to such fusion centers would enhance the integrity and security at such borders by helping Federal, State, local, tribal, and territorial law enforcement authorities to identify, investigate, and interdict persons, weapons, and related contraband that pose a threat to homeland security.

(6)

An assessment of fusion centers located in jurisdictions with large and medium hub airports, and the degree to which deploying, as appropriate, personnel from the Transportation Security Administration to such fusion centers would enhance the integrity and security of aviation security.

(b)

Definitions

In this section:

(1)

Fusion center

The term fusion center has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).

(2)

National network of fusion centers

The term National Network of Fusion Centers has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by this Act.

1313.

Program for State and local analyst clearances

(a)

Sense of Congress

It is the sense of Congress that any program established by the Under Secretary for Intelligence and Analysis of the Department of Homeland Security to provide eligibility for access to information classified as Top Secret for State, local, tribal, and territorial analysts located in fusion centers shall be consistent with the need to know requirements pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note).

(b)

Report

Not later than two years after the date of the enactment of this Act, the Under Secretary of Intelligence and Analysis of the Department of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate a report on the following:

(1)

The process by which the Under Secretary of Intelligence and Analysis determines a need to know pursuant to Executive Order No. 13526 to sponsor Top Secret clearances for appropriate State, local, tribal, and territorial analysts located in fusion centers.

(2)

The effects of such Top Secret clearances on enhancing information sharing with State, local, tribal, and territorial partners.

(3)

The cost for providing such Top Secret clearances for State, local, tribal, and territorial analysts located in fusion centers, including training and background investigations.

(4)

The operational security protocols, training, management, and risks associated with providing such Top Secret clearances for State, local, tribal, and territorial analysts located in fusion centers.

(c)

Definition

In this section, the term fusion center has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).

1314.

Information technology assessment

(a)

In general

The Under Secretary of Intelligence and Analysis of the Department of Homeland Security, in collaboration with the Chief Information Officer of the Department and representatives from the National Network of Fusion Centers, shall conduct an assessment of information systems (as such term is defined in section 3502 of title 44, United States Code) used to share homeland security information between the Department and fusion centers in the National Network of Fusion Centers and make upgrades to such systems, as appropriate. Such assessment shall include the following:

(1)

An evaluation of the accessibility and ease of use of such systems by fusion centers in the National Network of Fusion Centers.

(2)

A review to determine how to establish improved interoperability of departmental information systems with existing information systems used by fusion centers in the National Network of Fusion Centers.

(3)

An evaluation of participation levels of departmental components and offices of information systems used to share homeland security information with fusion centers in the National Network of Fusion Centers.

(b)

Definitions

In this section:

(1)

Fusion center

The term fusion center has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).

(2)

National network of fusion centers

The term National Network of Fusion Centers has the meaning given such term in subsection (j) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by this Act.

1315.

Department of Homeland Security classified facility inventory and dissemination

(a)

In general

The Secretary of Homeland Security shall, to the extent practicable—

(1)

maintain an inventory of those Department of Homeland Security facilities that the Department certifies to house classified infrastructure or systems at the secret level and above;

(2)

update such inventory on a regular basis; and

(3)

share part or all of such inventory with—

(A)

Department personnel who have been granted the appropriate security clearance;

(B)

non-Federal governmental personnel who have been granted a Top Secret security clearance; and

(C)

other personnel as determined appropriate by the Secretary.

(b)

Inventory

The inventory of facilities described in subsection (a) may include—

(1)

the location of such facilities;

(2)

the attributes of such facilities (including the square footage of, the total capacity of, the number of workstations in, and the number of conference rooms in, such facilities);

(3)

the entities that operate such facilities; and

(4)

the date of establishment of such facilities.

1316.

Terror inmate information sharing

(a)

In general

The Secretary of Homeland Security, in coordination with the Attorney General and in consultation with other appropriate Federal officials, shall, as appropriate, share with State, local, and regional fusion centers through the Department of Homeland Security Fusion Center Partnership Initiative under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), as amended by this Act, as well as other relevant law enforcement entities, release information from a Federal correctional facility, including the name, charging date, and expected place and date of release, of certain individuals who may pose a terrorist threat.

(b)

Scope

The information shared pursuant to subsection (a) shall be—

(1)

for homeland security purposes; and

(2)

regarding individuals convicted of a Federal crime of terrorism (as such term is defined in section 2332b of title 18, United States Code).

(c)

Periodic threat assessments

Consistent with the protection of classified information and controlled unclassified information, the Secretary of Homeland Security shall coordinate with appropriate Federal officials to provide State, local, and regional fusion centers described in subsection (a) with periodic assessments regarding the overall threat from known or suspected terrorists currently incarcerated in a Federal correctional facility, including the assessed risks of such populations engaging in terrorist activity upon release.

(d)

Privacy protections

Prior to affecting the information sharing described in subsection (a), the Secretary shall receive input and advice from the Officer for Civil Rights and Civil Liberties, the Officer for Privacy and the Chief Intelligence Officer of the Department.

(e)

Rule of construction

Nothing in this section may be construed as requiring the establishment of a list or registry of individuals convicted of terrorism.

1317.

Annual report on Office for State and Local Law Enforcement

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

(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.

.

1318.

Annual catalog on Department of Homeland Security training, publications, programs, and services for State, local, and tribal law enforcement agencies

Paragraph (4) of section 2006(b) of the Homeland Security Act of 2002 (6 U.S.C. 607(b)) is amended—

(1)

in subparagraph (E), by striking and at the end;

(2)

in subparagraph (F), by striking the period and inserting a semicolon; and

(3)

by adding at the end the following new subparagraphs:

(G)

produce an annual catalog that summarizes opportunities for training, publications, programs, and services available to State, local, and tribal law enforcement agencies from the Department and from each component and office within the Department and, not later than 30 days after the date of such production, disseminate the catalog, including by—

(i)

making such catalog available to State, local, and tribal law enforcement agencies, including by posting the catalog on the website of the Department and cooperating with national organizations that represent such agencies;

(ii)

making such catalog available through the Homeland Security Information Network; and

(iii)

submitting such catalog to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(H)

in coordination with appropriate components and offices of the Department and other Federal agencies, develop, maintain, and make available information on Federal resources intended to support fusion center access to Federal information and resources.

.

IV

Maritime Security

1401.

Strategic plan to enhance the security of the international supply chain

Paragraph (2) of section 201(g) of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 941(g)) is amended to read as follows:

(2)

Updates

Not later than 270 days after the date of the enactment of this paragraph and every three years thereafter, the Secretary shall submit to the appropriate congressional committees a report that contains an update of the strategic plan required by subsection (a).

.

1402.

Container Security Initiative

Subsection (l) of section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945) is amended—

(1)

by striking (1) In general.—Not later than September 30, 2007, and inserting Not later than 270 days after the date of the enactment of the Border and Maritime Security Coordination Improvement Act,;

(2)

by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, and by moving the margins of such paragraphs (as so redesignated) two ems to the left; and

(3)

by striking paragraph (2).

1403.

Cyber at ports

(a)

Cybersecurity enhancements to maritime security activities

Subparagraph (B) of section 70112(a)(2) of title 46, United States Code, is amended—

(1)

by redesignating clauses (i) through (iii) as clauses (ii) and (iv), respectively; and

(2)

by inserting before clause (ii) the following new clause:

(i)

shall facilitate the sharing of information relating to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)) to address port-specific cybersecurity risks and incidents, which may include the establishment of a working group of members of such committees to address such port-specific cybersecurity risks and incidents;

.

(b)

Vulnerability assessments and security plans

Title 46, United States Code, is amended—

(1)

in subparagraph (C) of section 70102(b)(1), by inserting cybersecurity, after physical security,; and

(2)

in subparagraph (C) of section 70103(c)(3)—

(A)

in clause (i), by inserting cybersecurity, after physical security,;

(B)

in clause (iv), by striking and after the semicolon at the end;

(C)

by redesignating clause (v) as clause (vi); and

(D)

by inserting after clause (iv) the following new clause:

(v)

prevention, management, and response to cybersecurity risks and incidents (as such terms are defined in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148)); and

.

1404.

Facility inspection intervals

Subparagraph (D) of section 70103(c)(4) of title 46, United States Code, is amended to read as follows:

(D)

subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than one time per year without notice, and more frequently as determined necessary, in a risk based manner, with or without notice to the facility.

.

1405.

Updates of maritime operations coordination plan

(a)

In general

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

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.

.

1406.

Evaluation of Coast Guard Deployable Specialized Forces

(a)

In general

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report that describes and assesses the state of the Coast Guard’s Deployable Specialized Forces (in this section referred to as the DSF). Such report shall include, at a minimum, the following elements:

(1)

For each of the past three fiscal years, and for each type of DSF, the following:

(A)

A cost analysis, including training, operating, and travel costs.

(B)

The number of personnel assigned.

(C)

The total number of units.

(D)

The total number of operations conducted.

(E)

The number of operations requested by each of the following:

(i)

The Coast Guard.

(ii)

Other components or offices of the Department of Homeland Security.

(iii)

Other Federal departments or agencies.

(iv)

State agencies.

(v)

Local agencies.

(F)

The number of operations fulfilled by the entities specified in subparagraph (E).

(2)

An examination of alternative distributions of DSFs, including the feasibility, cost (including cost savings), and impact on mission capability of such distributions, including at a minimum the following:

(A)

Combining DSFs, primarily focused on counterdrug operations, under one centralized command.

(B)

Distributing counter-terrorism and anti-terrorism capabilities to DSFs in each major United States port.

(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.

1407.

Cost benefit analysis of co-locating DHS assets

(a)

In general

For any location in which U.S. Customs and Border Protection’s Office of Air and Marine Operations is based within 45 miles of locations where any other Department of Homeland Security agency also operates air and marine assets, the Secretary of Homeland Security shall conduct a cost-benefit analysis to consider the potential cost of and savings derived from co-locating aviation and maritime operational assets of the Office of Air and Marine Operations at facilities where other agencies of the Department operate such assets. In analyzing such potential cost savings achieved by sharing aviation and maritime facilities, such analysis shall consider, at a minimum, the following factors:

(1)

Potential enhanced cooperation derived from Department personnel being co-located.

(2)

Potential costs of, and savings derived through, shared maintenance and logistics facilities and activities.

(3)

Joint use of base and facility infrastructure, such as runways, hangars, control towers, operations centers, piers and docks, boathouses, and fuel depots.

(4)

Potential operational costs of co-locating aviation and maritime assets and personnel.

(5)

Short term moving costs required in order to co-locate facilities.

(6)

Acquisition and infrastructure costs for enlarging current facilities, as needed.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report summarizing the results of the cost-benefit analysis required under subsection (a) and any planned actions based upon such results.

1408.

Repeal of interagency operational centers for port security and secure systems of transportation

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

1409.

Maritime security capabilities assessments

(a)

In general

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

435.

Maritime security capabilities assessments

Not later than 180 days after the date of the enactment of this section and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the number and type of maritime assets and the number of personnel required to increase the Department’s maritime response rate pursuant to section 1092 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223; Public Law 114–328).

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by this Act, is further amended by inserting after the item relating to section 434 the following new item:

Sec. 435. Maritime security capabilities assessments.

.

1410.

Conforming and clerical amendments

(a)

Sections

The following provisions of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347) are amended as follows:

(1)

By striking section 105.

(2)

By redesignating sections 106 and 107 as sections 105 and 106, respectively.

(3)

By striking section 108.

(4)

By redesignating sections 109 and 110 as sections 107 and 108, respectively.

(5)

In section 121 (6 U.S.C. 921)—

(A)

by striking subsections (c), (d), and (e); and

(B)

redesignating subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively.

(6)

By striking sections 122 and 127 (6 U.S.C. 922 and ).

(7)

By redesignating sections 123, 124, 125, 126, and 128 as sections 122, 123, 124, 125, and 126, respectively.

(8)

In section 233 (6 U.S.C. 983), by striking subsection (c).

(9)

By striking section 235 (6 U.S.C. 984).

(10)

By redesignating section 236 as section 235.

(11)

By striking sections 701 and 708 (and the item relating to such section in the table of contents of such Act).

(12)

By redesignating sections 702, 703, 704, 705, 706, 707, and 709 as sections 701, 702, 703, 704, 705, 706, and 707, respectively.

(b)

Table of contents

(1)

Security and Accountability for Every Port Act of 2006

The table of contents of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347) is amended as follows:

(A)

In the list of items relating to subtitle A of title I, by striking the items relating to sections 105 through 110 and inserting the following new items:

Sec. 105. Prohibition of issuance of transportation security cards to persons convicted of certain felonies.

Sec. 106. Long-range vessel tracking.

Sec. 107. Notice of arrival for foreign vessels on the Outer Continental Shelf.

Sec. 108. Enhanced crewmember identification.

.

(B)

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

Sec. 122. Random searches of containers.

Sec. 123. Work stoppages and employee-employer disputes.

Sec. 124. Threat assessment screening of port truck drivers.

Sec. 125. Border Patrol unit for United States Virgin Islands.

Sec. 126. Center of Excellence for Maritime Domain Awareness.

.

(C)

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

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

.

(D)

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

Sec. 701. Disclosures regarding homeland security grants.

Sec. 702. Trucking security.

Sec. 703. Air and Marine Operations of the Northern Border Air Wing.

Sec. 704. Phaseout of vessels supporting oil and gas development.

Sec. 705. Coast Guard property in Portland, Maine.

Sec. 706. Methamphetamine and methamphetamine precursor chemicals.

Sec. 707. Protection of health and safety during disasters.

.

(2)

Title 46

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

V

Transportation Security Administration

A

Administration

1501.

Amendments to the Homeland Security Act of 2002 and title 5, United States Code

(a)

Homeland Security Act of 2002

Paragraph (1) of section 103(a) of the Homeland Security Act of 2002, as amended by this Act, is further amended by adding at the end the following new subparagraph:

(K)

An Administrator of the Transportation Security Administration, in accordance with section 114 of title 49, United States Code.

.

(b)

Inclusion in Executive Schedule

Section 5315 of title 5, United States Code, is amended by adding at the end the following:

Administrator of the Transportation Security Administration, Department of Homeland Security.

.

1502.

Amendments to title 49, United States Code

(a)

Amendments

Section 114 of title 49, United States Code, is amended—

(1)

in subsection (a), by striking Department of Transportation and inserting Department of Homeland Security;

(2)

in subsection (b)(1), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration;

(3)

by striking Under Secretary each place it appears and inserting Administrator;

(4)

in subsection (b), in the heading, by striking Under Secretary and inserting Administrator;

(5)

in subsection (e)(4), by striking Secretary of Transportation and inserting Secretary of Homeland Security;

(6)

in subsection (f)—

(A)

in paragraph (6), by striking Managers and inserting Directors; and

(B)

in paragraph (14), by inserting air carriers or before foreign air carriers;

(7)

in subsection (g)—

(A)

by striking the Secretary each place it appears and inserting the Secretary of Homeland Security; and

(B)

in paragraph (3), by striking The Secretary and inserting The Secretary of Homeland Security;

(8)

in subsection (j)(1)(D), by striking the Secretary and inserting the Secretary of Homeland Security;

(9)

in subsection (l)—

(A)

in paragraph (2)(A), by striking the Secretary and inserting the Secretary of Homeland Security; and

(B)

in paragraph (4)(B), by striking the Administrator under subparagraph (A) and inserting the Administrator of the Federal Aviation Administration under subparagraph (A);

(10)

in subsection (m)—

(A)

in the heading, by striking Under Secretary and inserting Administrator; and

(B)

in paragraph (1), in the heading, by striking Under Secretary and inserting Administrator;

(11)

in subsection (n), by striking Department of Transportation and inserting Department of Homeland Security;

(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 inserting the Secretary of Homeland Security, before the Secretary of Transportation;

(2)

in subsection (c)(2)(C), by striking Secretary of Transportation and inserting Secretary of Homeland Security;

(3)

in subsection (d), in the matter preceding paragraph (1), by striking Secretary of Transportation and inserting Secretary of Homeland Security;

(4)

in subsection (g)—

(A)

in paragraph (1)(A), in the heading, by striking Under Secretary and inserting Administrator; and

(B)

in paragraph (2), by striking Under Secretary’s each place it appears and inserting Transportation Security Administration Administrator’s;

(5)

in subsection (h)—

(A)

in paragraph (3), by inserting of Homeland Security after Secretary;

(B)

in paragraph (6)(C), in the matter preceding clause (i), by inserting of Homeland Security after Secretary;

(6)

in subsection (i)(l), by striking , after receiving the recommendations of the National Institute of Justice,;

(7)

in subsection (j)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking Under Secretary for Transportation Security and inserting Administrator of the Transportation Security Administration; and

(ii)

in the matter following subparagraph (E), by striking Secretary of Transportation and inserting Secretary of Homeland Security; and

(B)

in paragraph (2), by striking Secretary of Transportation each place it appears and inserting Secretary of Homeland Security;

(8)

in subsection (l)(1), by striking Under Secretary for Border and Transportation Security of the Department of Homeland Security and inserting Administrator of the Transportation Security Administration;

(9)

by striking Under Secretary of Transportation for Security each place it appears and inserting Administrator of the Transportation Security Administration;

(10)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration;

(11)

by striking Assistant Secretary of Homeland Security (Transportation Security Administration) each place it appears and inserting Administrator of the Transportation Security Administration; and

(12)

by striking Assistant Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(g)

Section 44904

Section 44904 of title 49, United States Code, is amended—

(1)

in subsection (a), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration;

(2)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration; and

(3)

in subsection (d) by striking Assistant Secretary of Homeland Security (Transportation Security Administration) and inserting Administrator of the Transportation Security Administration.

(h)

Section 44905

Section 44905 of title 49, United States Code, is amended—

(1)

in subsection (a), by striking Secretary of Transportation and inserting Secretary of Homeland Security;

(2)

in subsection (b), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(3)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(i)

Section 44906

Section 44906 of title 49, United States Code, is amended—

(1)

by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(2)

by striking Under Secretary each place it appears and inserting Administrator.

(j)

Section 44908

Section 44908 of title 49, United States Code, is amended by striking Secretary of Transportation each place it appears and inserting Secretary of Homeland Security.

(k)

Section 44909

Section 44909 of title 49, United States Code, is amended—

(1)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration; and

(2)

by striking the Customs Service each place it appears and inserting U.S. Customs and Border Protection.

(l)

Section 44911

Section 44911 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraphs (1) through (10), by striking the each place it appears and inserting The; and

(B)

by inserting the following at the end the following new paragraphs:

(11)

The Coast Guard.

(12)

The Department of Homeland Security.

(13)

The National Geospatial-Intelligence Agency.

(14)

The National Reconnaissance Office.

;

(2)

in subsection (b)—

(A)

by striking Secretary of Transportation and inserting Secretary of Homeland Security; and

(B)

by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration;

(3)

in subsection (d), by striking the Secretary and inserting the Secretary of Homeland Security; and

(4)

in subsection (e)—

(A)

by striking the Secretary and inserting the Secretary of Homeland Security; and

(B)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(m)

Section 44912

Section 44912 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(B)

in paragraph (3), by striking Secretary of Transportation and inserting Secretary of Homeland Security;

(2)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(n)

Section 44913

Section 44913 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(B)

in paragraph (2), by striking the Committee on Transportation and Infrastructure and inserting the Committee on Homeland Security;

(2)

in subsection (b), by striking Secretary of Transportation and inserting Secretary of Homeland Security; and

(3)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(o)

Section 44914

Section 44914 of title 49, United States Code, is amended—

(1)

by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(2)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(p)

Section 44915

Section 44915 of title 49, United States Code, is amended by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration.

(q)

Section 44916

Section 44916 of title 49, United States Code, is amended—

(1)

in subsection (a), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(2)

in subsection (b), by striking Under Secretary and inserting Administrator of the Transportation Security Administration.

(r)

Section 44917

Section 44917 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(B)

in paragraph (2), by inserting of Homeland Security, utilizing a risk-based security methodology, after Secretary;

(2)

by striking subsections (b) and (c);

(3)

redesignating subsection (d) as subsection (b); and

(4)

in subsection (b), as so redesignated—

(A)

in paragraph (1), by striking Assistant Secretary for Immigration and Customs Enforcement and inserting Administrator of the Transportation Security Administration; and

(B)

in paragraph (3), by striking Assistant Secretary each place it appears and inserting Administrator.

(s)

Section 44918

Section 44918 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)(E), by striking the Under Secretary for Border and Transportation Security of the Department of Homeland Security and inserting the Administrator of the Transportation Security Administration; and

(B)

in paragraphs (5), (6), and (7), by striking the Administrator each place it appears and inserting the Administrator of the Federal Aviation Administration; and

(2)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(t)

Section 44919

Section 44919 of title 49, United States Code, is amended by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(u)

Section 44920

Section 44920 of title 49, United States Code, is amended by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration.

(v)

Section 44921

Section 44921 of title 49, United States Code, is amended—

(1)

in subsection (a), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(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.

.

1503.

Amendments to the Aviation and Transportation Security Act

(a)

Section 101

Section 101 of the Aviation and Transportation Security Act (Public Law 107–71) is amended—

(1)

in subsection (c) (5 U.S.C. 5313 note)—

(A)

by striking paragraph (1);

(B)

by redesignating paragraphs (2) and (3) as paragraph (1) and (2), respectively; and

(C)

in paragraph (1), as so redesignated—

(i)

by striking Under Secretary and inserting Administrator of the Transportation Security Administration;

(ii)

by striking 30 percent and inserting 15 percent;

(iii)

by striking the Secretary’s and inserting the Secretary of Homeland Security’s; and

(iv)

by striking Under Secretary’s and inserting Transportation Security Administration Administrator’s; and

(2)

by striking subsection (g) (49 U.S.C. 44901 note).

(b)

Section 106

Section 106 of the Aviation and Transportation Security Act (49 U.S.C. 44903 note) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), in the matter preceding subparagraph (A), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration;

(B)

in paragraph (2)(A), by striking Under Secretary each place it appears and inserting Administrator; and

(C)

in paragraph (2)(B), in the matter preceding clause (i), by striking Secretary and inserting Secretary of Homeland Security; and

(2)

in subsection (e), by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration.

(c)

Section 109

Section 109 of the Aviation and Transportation Security Act (49 U.S.C. 114 note) is amended—

(1)

in subsection (a)—

(A)

by striking (a) In general.—The Under Secretary of Transportation for Security and inserting The Administrator of the Transportation Security Administration;

(B)

in paragraph (4), by—

(i)

striking medical product and inserting liquid or gel medical product or nourishment and nutrition for infants and toddlers, including formula, breast milk, and juice,; and

(ii)

by striking the product and inserting such product or nourishment or nutrition; and

(C)

in paragraph (7), by striking voice stress analysis, biometric, and inserting biometric; and

(2)

by striking subsection (b).

(d)

Section 110

Section 110 of the Aviation and Transportation Security Act is amended by striking subsections (c) and (d).

(e)

Section 111

Section 111 of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended—

(1)

in subsection (c)—

(A)

by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(B)

by striking Under Secretary each place it appears and inserting Administrator of the Transportation Security Administration;

(2)

in subsection (d)—

(A)

in paragraph (1)—

(i)

by striking Under Secretary of Transportation for Security and inserting Administrator of the Transportation Security Administration; and

(ii)

by striking Under Secretary each place it appears and inserting Administrator; and

(B)

in paragraph (2), by striking Under Secretary and inserting Administrator of the Transportation Security Administration.

(f)

Section 117

Section 117 of the Aviation and Transportation Security Act (49 U.S.C. 44903 note) is amended by inserting the Secretary of Homeland Security in consultation with before the Secretary of Transportation.

(g)

Section 132

Section 132 of the Aviation and Transportation Security Act is repealed.

(h)

Section 135

Section 135 of the Aviation and Transportation Security Act is repealed.

(i)

Section 137

Section 137 of the Aviation and Transportation Security Act (49 U.S.C. 44912 note) is repealed.

(j)

Redesignations

Sections 133, 134, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, and 147 of the Aviation and Transportation Security Act are amended by redesignating such sections as sections 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, and 144, respectively.

1504.

Information required to be submitted to Congress under the strategic 5-year technology investment plan of the Transportation Security Administration

(a)

Additional information required

Section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 563) is amended—

(1)

in subsection (g)—

(A)

in the matter preceding paragraph (1), by striking biennially and inserting annually;

(B)

in paragraph (1), by striking and;

(C)

in paragraph (2), by striking the period and inserting ; and;

(D)

by adding at the end the following new paragraph:

(3)

information about acquisitions completed during the fiscal year preceding the fiscal year during which the report is submitted.

; and

(2)

by adding at the end the following new subsections:

(h)

Notice of covered changes to Plan

(1)

Notice required

The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives notice of any covered change to the Plan by not later than 90 days after the date on which the change is made.

(2)

Definition of change

In this subsection, the term covered change means an increase or decrease in the dollar amount allocated to the procurement of a technology or an increase or decrease in the number of a technology.

.

(b)

Report on equipment in operation post-life-cycle

Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a report describing any equipment of the Transportation Security Administration that is in operation after—

(1)

the end of the life-cycle of the equipment specified by the manufacturer of the equipment; or

(2)

the end of the useful life projection for the equipment under the strategic 5-year technology investment plan of the Transportation Security Administration, as required by section 1611 of the Homeland Security Act of 2002 (6 U.S.C. 563).

(c)

Notice to airports and airlines

Upon the enactment of this Act, the Administrator of the Transportation Security Administration shall notify airports and airlines of any changes to the 5-year technology investment plan of the Transportation Security Administration.

1505.

Maintenance of security-related technology

(a)

In general

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

C

Maintenance of Security-Related Technology

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.

.

1506.

Transportation Security Administration efficiency

(a)

Efficiency review

Not later than 270 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall conduct and complete a comprehensive, agency-wide efficiency review of the Administration to identify and effectuate spending reductions and administrative savings through the streamlining or restructuring of Administration divisions to make the Administration more efficient. In carrying out the review under this section, the Administrator shall consider each of the following:

(1)

The elimination of any unnecessarily duplicative or overlapping programs and initiatives that can be streamlined.

(2)

The elimination of any unnecessary or obsolete rules, regulations, directives, or procedures.

(3)

The reduction in overall operating expenses of the Administration, including costs associated with the number of personnel, as a direct result of efficiencies gained through the implementation of risk-based screening or through any other means as determined by the Administrator.

(4)

Any other matters the Administrator determines are appropriate.

(b)

Report to Congress

Not later than 30 days after the completion of the efficiency review required under subsection (a), the Administrator of the Transportation Security Administration shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results and cost savings expected to be achieved through such efficiency review.

1507.

Transportation senior executive service accountability

(a)

Reduction plan

Not later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Administrator of the Transportation Security Administration, shall develop a strategic plan, including a timeline, to reduce by 20 percent by June 30, 2019, the number of positions at the Senior Executive Service level at the Administration.

(b)

Congressional review

Not later than 30 days after the completion of the Senior Executive Service reduction plan required under subsection (a), the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of such plan.

B

Passenger Security and Screening

1511.

Department of Homeland Security trusted traveler program collaboration

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

1512.

PreCheck Biometric pilot project

Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall conduct a pilot project to test a secure, automated, and biometric-based system at airports to verify the identity of individuals who are members of TSA PreCheck or another Department of Homeland Security trusted traveler program that affords TSA expedited screening. Such system shall be designed to—

(1)

improve security while also reducing the need for security screening personnel to perform identity and travel document verification for such individuals;

(2)

reduce the average wait time of such individuals;

(3)

reduce overall operating expenses of the Administration;

(4)

be integrated with the Department’s watch list and trusted traveler matching programs; and

(5)

be integrated with other technologies to further facilitate risk-based passenger screening at checkpoints, to the extent practicable and consistent with security standards.

1513.

Identity and travel document verification

Section 44901 of title 49, United States Code, is amended by adding at the end the following new subsection:

(m)

Establishment of screening system for certain persons

Not later than December 31, 2018, the Administrator of the Transportation Security Administration shall, subject to the availability of appropriations, implement an identity and travel document verification system designed to establish a secure, automated system at all airports for verifying identity and travel documents of persons seeking entry into the sterile area of an airport. Such system shall—

(1)

assess the need for security screening personnel to perform identity and travel document verification for such passengers, thereby assessing the overall number of such screening personnel;

(2)

reduce the average wait time of such passengers;

(3)

reduce overall operating expenses of the Administration;

(4)

be integrated with the Administration’s watch list matching program; and

(5)

be integrated with other technologies to further facilitate risk-based passenger screening at checkpoints, to the extent practicable and consistent with security standards.

.

1514.

Computed tomography pilot project

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

1515.

Explosives detection canine teams for aviation

(a)

Passenger screening teams

The Administrator of the Transportation Security Administration shall ensure that by December 31, 2018, at least 300 explosives detection canine teams are dedicated to passenger screening purposes at airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, including screening responsibilities.

(b)

Use of canines to detect screening anomalies

At airports in the United States at which—

(1)

canine teams trained to screen passengers are available, and

(2)

the Transportation Security Administration has passenger screening responsibilities,

the Administrator of the Transportation Security Administration may use such teams to detect screening anomalies.
1516.

Standard operating procedures at airport checkpoints

(a)

Standardization

The Administrator of the Transportation Security Administration shall require, to the extent practicable, that standard operating procedures at airport checkpoints for passengers and carry-on baggage are carried out in a uniform manner among similarly situated airports.

(b)

Report to Congress

Not later than 270 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on how standard operating procedures were made uniform in accordance with subsection (a).

(c)

Audits

Beginning one year after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall conduct periodic audits of adherence to the standard operating procedures, as established by the Administrator of the Transportation Security Administration, under this section of screening personnel at large, medium, and small airports in diverse geographical areas.

1517.

Traveler redress improvement

(a)

Redress process

(1)

In general

Not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall, using existing resources, systems, and processes, ensure the availability of the Department of Homeland 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.

1518.

Screening in areas other than passenger terminals

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

1519.

Federal Air Marshal Service agreements

(a)

Standardization

Not later than 60 days after the date of the enactment of the Act, the Administrator of the Transportation Security Administration shall develop a standard working document that shall be the basis of all negotiations and agreements that begin after the date of the enactment of this Act between the United States and foreign governments or partners regarding Federal Air Marshal coverage of flights to and from the United States.

(b)

Written agreements

All agreements between the United States and foreign governments or partners regarding the presence of Federal Air Marshals on flights to and from the United States must be written and signed by the Secretary of Homeland Security or the Secretary’s designee.

(c)

Congressional notification

The Secretary of Homeland Security shall transmit to the relevant Congressional committees any agreements described in subsection (b) within 30 days of such agreement being signed.

1520.

Federal Air Marshal mission scheduling automation

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

1521.

Canine detection research and development

(a)

In general

The Secretary of Homeland Security shall conduct an audit of all canine training programs of the Department of Homeland Security and convene a working group of representatives from all such programs to make recommendations on possible efficiencies that could be gained by integrating training standards and facilities.

(b)

Canine staffing allocation model

The Administrator of the Transportation Security Administration shall develop a staffing allocation model for canines to determine the optimal number of passenger screening canines at airports in the United States.

(c)

Report to Congress

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the recommendations required by subsection (a).

(d)

Briefing to Congress

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate on the state of explosives detection canine production and training in the United States.

(2)

Contents

The briefing required under paragraph (1) shall include the following:

(A)

An analysis of the steps the Transportation Security Administration may take to foster additional production of explosives detection canines in the United States by the private sector.

(B)

Perspectives from current explosives detection canine industry stakeholders regarding the impact of the Administration’s procurement model on business considerations.

(C)

An analysis regarding whether the Administration effectively communicates canine training guidelines and testing methodology to the private sector.

(D)

The extent to which physical capacity limitations at current Administration-operated sites hinder the operations of either the Administration or industry.

1522.

International Civil Aviation Organization

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the United States Ambassador or the Chargé 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 Chargé 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).

1523.

Passenger security fee

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

1524.

Last point of departure airport certification

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

1525.

Security incident response at airports and surface transportation hubs

The Gerardo Hernandez Airport Security Act of 2015 (Public Law 114–50; 49 U.S.C. 44903 note) is amended—

(1)

in section 3—

(A)

in subsection (b), in the matter preceding paragraph (1), by striking may each place it appears and inserting shall;

(B)

by redesignating subsection (c) as subsection (d); and

(C)

by inserting after subsection (b) the following new subsection:

(c)

Review

The Administrator of the Transportation Security Administration shall review the active shooter response guidelines specified for Department of Homeland Security personnel under this section and make a recommendation to the Secretary of Homeland Security to modify such guidelines for personnel who are certified Federal law enforcement officials and for personnel who are uniformed but unarmed security officials.

; and

(2)

in section 7—

(A)

in subsection (b), in the matter preceding paragraph (1), by striking may each place it appears and inserting shall;

(B)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(C)

by inserting after subsection (b) the following new subsection:

(c)

Review

The Administrator of the Transportation Security Administration shall review the active shooter response guidelines specified for Department of Homeland Security personnel under this section and make a recommendation to the Secretary of Homeland Security to modify such guidelines for personnel who are certified Federal law enforcement officials and for personnel who are uniformed but unarmed security officials.

.

1526.

Airport security screening opt-out program

Section 44920 of title 49, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by striking 120 and inserting 90;

(B)

by redesignating paragraph (3) as paragraph (4);

(C)

by inserting after paragraph (2) the following new paragraph:

(3)

Entrance into contract

The Administrator of the Transportation Security Administration shall make best efforts to enter into a contract with a private screening company to provide screening services at an airport not later than 180 days after the date of approval of an application submitted by the operator of such airport under subsection (a).

; and

(D)

in subparagraph (A) of paragraph (4), as so redesignated, in the matter preceding clause (i), by striking not later than 60 days following the date of the denial and inserting immediately upon issuing the denial; and

(2)

by striking subsection (h) and inserting the following new subsections:

(h)

Evaluation of screening company proposals for award

Notwithstanding any other provision of law, including title 48 of the Code of Federal Regulations and the Federal Advisory Committee Act (5 U.S.C. App.), an airport operator that has applied and been approved to have security screening services carried out by a qualified private screening company under contract with the Administrator of the Transportation Security Administration may nominate to the head of the contracting activity an individual to participate in the evaluation of proposals for the award of such contract. Any such participation on a proposal evaluation committee shall be conducted in accordance with the provisions and restrictions of chapter 21 of title 41, United States Code.

(i)

Innovative screening approaches and technologies

The operator of an airport at which screening services are provided under this section is encouraged to recommend to the Administrator of the Transportation Security Administration innovative screening approaches and technologies. Upon receipt of any such recommendations, the Administrator, shall review and, if appropriate, test, conduct a pilot project, and, if appropriate, deploy such approaches and technologies.

.

1527.

Personnel management system review

(a)

In general

Notwithstanding subsection (d) of section 111 of the Aviation and Transportation Security Act (49 U.S.C. 44935 note), not later than 30 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall convene a working group consisting of representatives of the Administration and representatives of the labor organization representing security screening personnel to discuss reforms to the Administration’s personnel management system, including appeals to the Merit Systems Protection Board and grievance procedures.

(b)

Report

Not later than one year after the date of the enactment of this Act, the working group convened under subsection (a) shall terminate and shall submit to the Administrator of the Transportation Security Administration and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing agreed-upon reforms to the Administration’s personnel management system. The Administrator may implement associated recommendations mutually agreed to by the parties to such working group before the end of such one year period.

1528.

Innovation task force

(a)

In general

The Administrator of the Transportation Security Administration may establish a task force to collaborate with air carriers, airport operators, and other aviation security stakeholders to foster the pursuit of innovations in aviation security prior to the acquisition process.

(b)

Activities

The task force authorized under subsection (a) may conduct activities designed to identify and develop an innovative technology or capability with the potential of enhancing aviation security, including—

(1)

conducting a field demonstration of such a technology or capability in the airport environment;

(2)

gathering performance data from such a demonstration to inform the acquisition process; and

(3)

providing funding and promoting efforts to enable participation in a demonstration by a small business that has an innovative technology but does not have adequate resources to participate.

(c)

Composition

The task force authorized under subsection (a) shall be—

(1)

chaired by the Administrator of the Transportation Security Administration’s designee; and

(2)

comprised of representatives appointed by the Administrator, in consultation with the Chairperson of the Aviation Security Advisory Committee (established pursuant to section 44936 of title 49, United States Code), from appropriate stakeholders from—

(A)

within the Administration;

(B)

air carriers;

(C)

airport operators;

(D)

other aviation security stakeholders; and

(E)

as appropriate, the Science and Technology Directorate of the Department of Homeland Security and any other appropriate component of the Department.

(d)

Rule of construction

Nothing in this section shall require the Administrator of the Transportation Security Administration to acquire an innovative technology or emerging security capability.

(e)

Non-applicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force authorized under subsection (a).

1529.

Airport law enforcement reimbursement

Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Transportation Security Administration’s law enforcement officer reimbursement program, which shall include information relating to the following:

(1)

The current structure of the program, including how funding disbursement decisions are made.

(2)

An assessment of threats requiring law enforcement officer response at airports.

(3)

The scope of current law enforcement activities covered under the program, and an assessment of whether such covered activities should be expanded to reflect emerging threats.

(4)

The annual costs to airport authorities for providing law enforcement for such covered activities at security checkpoints.

(5)

Proposed methodology for funding allocations.

C

Transportation Security Screening Personnel Training and Accountability

1531.

Transportation security training programs

(a)

In general

Section 44935 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following new subsection:

(l)

Initial and recurring training

(1)

In general

The Administrator of the Transportation Security Administration shall establish a training program for new security screening personnel located at the Federal Law Enforcement Training Center in Glynco, Georgia.

(2)

Recurring training

Not later than 180 days after the date of the enactment of this subsection, the Administrator of the Transportation Security Administration shall establish recurring training of security screening personnel regarding updates to screening procedures and technologies, including methods to identify the verification of false or fraudulent travel documents, as well as training on emerging threats, in response to weaknesses identified in covert tests at airports. The training shall include—

(A)

internal controls for monitoring and documenting compliance of transportation security officers with such training requirements; and

(B)

such other matters as identified by the Administrator with regard to such training.

.

(b)

GAO study

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress on the effectiveness 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.

1532.

Alternate new security screening personnel training program cost and feasibility study

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall conduct a cost and feasibility study of developing a training program for security screening personnel that will provide such personnel with an equal level of training as is provided in the training program for new security screening personnel located at the Federal Law Enforcement Training Center in Glynco, Georgia, that could be conducted at or within 50 miles of such security screening personnel’s duty station. Such study should examine the use of online seminar and training platforms for portions of the training curriculum that are conducive to such an outcome.

1533.

Prohibition of advance notice of covert testing to security screeners

Section 44935 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following new subsection:

(m)

Prohibition of advance notice to security screeners of covert testing and evaluation

(1)

In general

The Administrator of the Transportation Security Administration shall ensure, to the greatest extent practicable, that information concerning a covert test of a transportation security system to be conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office is not provided to any individual involved in such test prior to the completion of such test.

(2)

Exceptions

Notwithstanding paragraph (1)—

(A)

an authorized individual involved in a covert test of a transportation security system may provide information concerning such covert test to—

(i)

employees, officers, and contractors of the Federal Government (including military personnel);

(ii)

employees and officers of State and local governments; and

(iii)

law enforcement officials who are authorized to receive or directed to be provided such information by the Administrator of the Transportation Security Administration, the Inspector General of the Department of Homeland Security, or the Comptroller General of the United States, as the case may be; and

(B)

for the purpose of ensuring the security of any individual in the vicinity of a site at which a covert test of a transportation security system is being conducted, an individual conducting such test may disclose his or her status as an individual conducting such test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting such test as a potential threat.

(3)

Special rules for TSA

(A)

Monitoring and security of testing personnel

The head of each covert testing office shall ensure that a person or group of persons conducting a covert test of a transportation security system for a covert testing office is accompanied at the site of such test by a cover team composed of one or more employees of such covert testing office for the purpose of monitoring such test and confirming the identity of personnel involved in such test under subparagraph (B).

(B)

Responsibility of cover team

Under this paragraph, a cover team for a covert test of a transportation security system shall—

(i)

monitor such test; and

(ii)

for the purpose of ensuring the security of any individual in the vicinity of a site at which such test is being conducted, confirm, notwithstanding paragraph (1), the identity of any individual conducting such test to any appropriate individual if a security screener or other individual who is not a covered employee identifies the individual conducting such test as a potential threat.

(C)

Aviation screening

Notwithstanding subparagraph (A), the Transportation Security Administration is not required to have a cover team present during a test of the screening of persons, carry-on items, or checked baggage at an aviation security checkpoint at or serving an airport if such test—

(i)

is approved, in coordination with the designated security official for the airport operator by the Federal Security Director for such airport; and

(ii)

is carried out under an aviation screening assessment program of the Department of Homeland Security.

(D)

Use of other personnel

The Transportation Security Administration may use employees, officers, and contractors of the Federal Government (including military personnel) and employees and officers of State and local governments or any personnel authorized by the Federal Security Director to conduct covert tests.

(4)

Definitions

In this subsection, the following definitions apply:

(A)

Appropriate individual

The term appropriate individual, as used with respect to—

(i)

a covert test under paragraph (2)(B) of a transportation security system, means any individual who the individual conducting such test determines needs to know his or her status as an individual conducting such test; or

(ii)

a covert test under paragraph (3)(B)(i), means any individual who the cover team monitoring such test determines needs to know the identity of such cover team.

(B)

Covered employee

The term covered employee means any individual who receives notice of a covert test before the completion of a test under paragraph (2)(B).

(C)

Covert test

(i)

In general

The term covert test means an exercise or activity conducted by a covert testing office, the Inspector General of the Department of Homeland Security, or the Government Accountability Office to intentionally test, compromise, or circumvent transportation security systems to identify vulnerabilities in such systems.

(ii)

Limitation

Notwithstanding clause (i), the term covert test does not mean an exercise or activity by an employee or contractor of the Transportation Security Administration to test or assess compliance with relevant regulations.

(D)

Covert testing office

The term covert testing office means any office of the Transportation Security Administration designated by the Administrator of the Transportation Security Administration to conduct covert tests of transportation security systems.

(E)

Employee of a covert testing office

The term employee of a covert testing office means an individual who is an employee of a covert testing office or a contractor or an employee of a contractor of a covert testing office.

.

D

Airport Access Controls and Perimeter Security

1541.

Reformation of certain programs of the Transportation Security Administration

(a)

Definitions

In this subtitle:

(1)

Air carrier

The term air carrier has the meaning given such term in section 40102 of title 49, United States Code.

(2)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.

(3)

Foreign air carrier

The term foreign air carrier has the meaning given such term in section 40102 of title 49, United States Code.

(4)

Intelligence community

The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(5)

Secured area

The term secured area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations.

(6)

Security Identification Display Area

The term Security Identification Display Area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations.

(7)

Sterile area

The term sterile area has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations.

(b)

Cost and feasibility study

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration, in consultation with the Aviation Security Advisory Committee (established under section 44946 of title 49, United States Code), shall submit to the appropriate congressional committees and the Comptroller General of the United States a cost and feasibility study of a statistically significant number of Category I, II, III, IV, and X airports assessing the impact if all employee access points from non-secured areas to secured areas of such airports are comprised of the following:

(A)

A secure door utilizing card and pin entry or biometric technology.

(B)

Surveillance video recording, capable of storing video data for at least 30 days.

(C)

Advanced screening technologies, including at least one of the following:

(i)

Magnetometer (walk-through or hand-held).

(ii)

Explosives detection canines.

(iii)

Explosives trace detection.

(iv)

Advanced imaging technology.

(v)

X-ray bag screening technology.

(2)

Contents

The study required under paragraph (1) shall include information related to the employee screening costs of those category I, II, III, IV, and X airports which have already implemented practices of screening 100 percent of employees accessing secured areas of airports, including the following:

(A)

Costs associated with establishing an operational minimum number of employee entry and exit points.

(B)

A comparison of estimated costs and effectiveness associated with implementing the security features specified in paragraph (1) to—

(i)

the Federal Government; and

(ii)

airports and the aviation community.

(3)

Comptroller general assessment

(A)

In general

Upon completion of the study required under paragraph (1), the Comptroller General of the United States 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.

1542.

Airport perimeter and access control security

(a)

Risk assessments of airport security

(1)

In general

The Administrator of the Transportation Security Administration shall—

(A)

not later than 120 days after the date of the enactment of this Act, update the Transportation Sector Security Risk Assessment (TSSRA) for the aviation sector; and

(B)

not later than 180 days after such date—

(i)

update with the latest and most currently available intelligence information the Comprehensive Risk Assessment of Perimeter and Access Control Security (in this section referred to as the Risk Assessment of Airport Security) and determine a regular timeframe and schedule for further updates to such Risk Assessment of Airport Security; and

(ii)

conduct a system-wide assessment of airport access control points and airport perimeter security, including cargo facilities.

(2)

Contents

The security risk assessments required under paragraph (1)(B) shall

(A)

include updates reflected in the TSSRA and Joint Vulnerability Assessment (JVA) findings;

(B)

reflect changes to the risk environment relating to airport access control points and airport perimeters;

(C)

use security breach data for specific analysis of system-wide trends related to airport access control points and airport perimeter security to better inform risk management decisions; and

(D)

take into consideration the unique geography of and current recognized practices used by airports to mitigate potential vulnerabilities.

(3)

Report

The Administrator of the Transportation Security Administration shall report to the appropriate congressional committees, relevant Federal departments and agencies, and airport operators on the results of the security risk assessments required under paragraph (1).

(b)

Airport security strategy development

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall update the 2012 National Strategy for Airport Perimeter and Access Control Security (in this section referred to as the National Strategy).

(2)

Contents

The update to the National Strategy required under paragraph (1) shall include

(A)

information from the Risk Assessment of Airport Security; and

(B)

information on—

(i)

airport security-related activities;

(ii)

the status of efforts by the Transportation Security Administration to address the goals and objectives referred to in subsection (a);

(iii)

finalized outcome-based performance measures and performance levels for each relevant activity and goal and objective under subparagraphs (A) and (B); and

(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.

1543.

Exit lane security

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

1544.

Reimbursement for deployment of armed law enforcement personnel at airports

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

E

Air Cargo Security

1551.

Air cargo advance screening program

(a)

In general

Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the following new section:

420.

Air cargo advance screening program

(a)

In general

The Secretary, consistent with the requirements of the Trade Act of 2002 (Public Law 107–210) shall—

(1)

establish an air cargo advance screening program (in this section referred to as the ACAS Program) for the collection by U.S. Customs and Border Protection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air;

(2)

under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States;

(3)

establish appropriate communications systems with freight forwarders, shippers, and air carriers;

(4)

establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and

(5)

coordinate with the Administrator of the Transportation Security Administration to identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.

(b)

Inspection of high-risk cargo

Under the ACAS Program, the Secretary shall ensure that all cargo that has been identified as high-risk is inspected—

(1)

prior to the loading of such cargo onto aircraft at the last point of departure, or

(2)

at an earlier point in the supply chain,

before departing for the United States.
(c)

Consultation

In carrying out the ACAS Program, the Secretary shall consult with relevant stakeholders, as appropriate, to ensure that an operationally feasible and practical approach to—

(1)

the collection of advance information with respect to cargo on aircraft departing for the United States, and

(2)

the inspection of high-risk cargo,

recognizes the significant differences among air cargo business models and modes of transportation.
(d)

Analysis

The Secretary may analyze the information referred to in subsection (a) in the Department’s automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program.

(e)

No duplication

The Secretary shall carry out this section in a manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate other Department programs or requirements relating to the submission of air cargo data or the inspection of high-risk cargo.

(f)

Consideration of industry

In carrying out the ACAS Program, the Secretary shall—

(1)

take into consideration that the content and timeliness of the available data may vary among entities in the air cargo industry and among countries, and shall explore procedures to accommodate such variations while maximizing the contribution of such data to the risk assessment process under the ACAS Program;

(2)

test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring delays and other negative impacts on vital supply chains are minimized; and

(3)

consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order No. 13563, and any successor Executive order or regulation.

(g)

Guidance

The Secretary shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data.

(h)

Use of data

The Secretary shall use the data provided under the ACAS Program for targeting shipments for screening and aviation security purposes only.

.

(b)

Final rule

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue a final regulation to implement the ACAS Program under section 420 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) to include the electronic transmission to U.S. Customs and Border Protection of data elements for targeting cargo, including appropriate security elements of shipment level data, as determined by the Secretary.

(c)

Report

Not later than 180 days after the date of the commencement of the ACAS Program under section 420 of the Homeland Security Act of 2002 (as added by subsection (a) of this section), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the operational implementation of providing advance information under the ACAS Program and the value of such information in targeting cargo.

(d)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 419 the following new item:

Sec. 420. Air cargo advance screening program.

.

1552.

Explosives detection canine teams for air cargo security

Section 1307 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is amended by adding at the end the following new subsection:

(h)

Explosives detection canine teams for air cargo security

(1)

In general

In order to enhance the screening of air cargo and ensure that third-party explosives detection canine assets are leveraged for such purpose, the Administrator shall, not later than 180 days after the date of the enactment of this subsection—

(A)

develop and issue standards for the use of such third-party explosives detection canine assets for the primary screening of air cargo;

(B)

develop a process to identify qualified non-Federal entities that will certify canine assets that meet the standards established by the Administrator pursuant to subparagraph (A);

(C)

ensure that entities qualified to certify canine assets shall be independent from entities that will train and provide canines to end users of such canine assets;

(D)

establish a system of Transportation Security Administration audits of the process developed pursuant to subparagraph (B); and

(E)

provide that canines certified for the primary screening of air cargo can be used by air carriers, foreign air carriers, freight forwarders, and shippers.

(2)

Implementation

Upon completion of the development of the process under subsection (a), the Administrator shall—

(A)

facilitate the deployment of such assets that meet the certification standards of the Administration, as determined by the Administrator;

(B)

make such standards available to vendors seeking to train and deploy third-party explosives detection canine assets; and

(C)

ensure that all costs for the training and certification of canines, and for the use of supplied canines, are borne by private industry and not the Federal Government.

(3)

Definitions

In this subsection:

(A)

Air carrier

The term air carrier has the meaning given such term in section 40102 of title 49, United States Code.

(B)

Foreign air carrier

The term foreign air carrier has the meaning given such term in section 40102 of title 49, United States Code.

(C)

Third-party explosives detection canine assets

The term third-party explosives detection canine assets means any explosives detection canine or handler not owned or employed, respectively, by the Administration.

.

F

Information Sharing and Cybersecurity

1561.

Information sharing and cybersecurity

(a)

Federal Security Directors

Section 44933 of title 49, United States Code, is amended by adding at the end the following new subsection:

(c)

Information sharing

Not later than one year after the date of the enactment of this subsection, the Administrator shall—

(1)

require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and

(2)

require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.

.

(b)

Plan to improve information sharing

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting 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.

G

Surface Transportation Security

1571.

Definitions

In this subtitle:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

Explosives detection canine team

The term explosives detection canine team means a canine and a canine handler trained to detect explosives and other threats as determined by the Secretary.

(3)

Risk

The term risk means the potential for an unwanted outcome resulting from an accident, event, or occurrence, as determined by its likelihood and the associated consequences.

(4)

Threat

The term threat means an individual, entity, action, or natural or manmade occurrence that has or indicates the potential to harm life, information, operations, the environment, or property.

(5)

Vulnerability

The term vulnerability means a physical feature or operational attribute that renders an entity open to exploitation or susceptible to a given hazard.

1572.

Surface transportation security assessment and implementation of risk-based strategy

(a)

Security assessment

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall complete an assessment of the vulnerabilities of and risks to surface transportation systems, including findings from similar vulnerability analyses completed within three years of the date of the enactment of this Act.

(2)

Considerations

In conducting the security assessment under paragraph (1), the Secretary of Homeland Security shall, at a minimum—

(A)

consider appropriate intelligence;

(B)

consider security breaches and attacks at domestic and international transportation facilities;

(C)

consider the vulnerabilities and risks associated with specific modes of surface transportation systems;

(D)

evaluate the vetting and security training of—

(i)

employees in surface transportation systems; and

(ii)

other individuals with access to sensitive or secure areas of transportation systems; and

(E)

consider input from—

(i)

representatives of different modes of surface transportation systems;

(ii)

subject to paragraph (3)—

(I)

critical infrastructure entities; and

(II)

the Transportation Systems Sector Coordinating Council; and

(iii)

the heads of other relevant Federal departments or agencies.

(b)

Risk-based security strategy

(1)

In general

Not later than 180 days after the date the security assessment under subsection (a) is complete, the Secretary of Homeland Security shall use the results of such assessment—

(A)

to develop and implement a cross-cutting, risk-based security strategy that includes—

(i)

all surface transportation systems;

(ii)

a mitigating strategy that aligns with each vulnerability and risk identified in subsection (a);</